Cal. Code Regs. tit. 22 § 81007

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 81007 - Exemption from Licensure
(a) The social rehabilitation facility regulations contained in this division shall not apply to any of the following:
(1) Any health facility, as defined by Section 1250 of the Health and Safety Code.
(2) Any clinic, as defined by Section 1202 of the Health and Safety Code.
(3) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination.
(4) Any house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room only, or board only, which provides no element of "care and supervision," as defined in Section 81001(c)(3).
(5) Any care and supervision of persons by a relative, guardian or conservator.
(6) Any care and supervision of persons from only one family by a close friend of the parent, guardian or conservator, provided that such arrangement is not for financial profit and does not exceed 10 hours per week.
(A) Provision of longer hours of care shall not be precluded when provided for a brief period of time for reasons, including but not limited to family emergencies, vacation, and military leave.
(7) Any arrangement for the care and supervision of an adult or adults from only one family by a close friend, who is not a licensee or current employee of a residential care facility for the elderly or of an adult residential facility, and whose friendship pre-existed a provider/recipient relationship, and all of the following are met:
(A) The care and supervision is provided in a home or residence chosen by the recipient, regardless of who owns the home or residence.
(B) The arrangement is not of a business nature, in that the provider does not represent himself or herself as being in the business of provision of care, and any compensation that may be paid to the provider is only for the value of the services rendered.
(C) The arrangement occurs and continues only as long as the needs for care and supervision of the recipient are being adequately met.
(8) Any supported living arrangement for individuals with developmental disabilities as defined in Section 1505(m) of the Health and Safety code.
(9) Any family home agency, family home, or family teaching home as defined in Health and Safety Code section 1505(n).
(10) Any placement agency as defined in Health and Safety Code section 1536.1 or an individual who places individuals for care in a facility licensed to receive and care for such persons.
(11) Any housing project for elderly or disabled individuals that meets federal requirements specified in Health and Safety Code section 1505(p).
(12) The Department.
(13) Any similar facility as determined by the Director.

Cal. Code Regs. Tit. 22, § 81007

1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 4689, 4689.1, 5670 and 5671, Welfare and Institutions Code; Sections 1200, 1200.1, 1250, 1501, 1502, 1505, 1508, 1530 and 1536.1, Health and Safety Code; and Grimes v. CDSS (1999) 70 Cal.App.4th 1065.

1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).