El Dorado County Municipal Code Art. II Juvenile Boarding Homes

A. No person, group of persons, association or corporation shall, without first having obtained a special use permit from the Planning Commission and a written license from the Board of Supervisors, maintain or conduct any institution, boarding home or facility for the overnight care of seven or more juveniles, or other place for the education (correctional, vocational or rehabilitational) or physical, mental or emotional care of persons up to the age of 18 years.

B. Exceptions.

1. Foster homes, as defined in the Administrative Code, Title 22, Division 2, Sections 35000(F)(9), 88001(f)(3), and 89201(f)(3) with six or less foster children; nor shall this article apply to the receiving and care of a person from only one family by a close friend of the parent or guardian, when the receiving and care is without compensation.

2. Any facility, place or building which houses juveniles placed therein by an order of the court pursuant to Welfare and Institutions Code § 727(a).

(Prior Code, § 34,101; Code 1997, § 5.24.010; Ord. No. 4334, 1994)

Any person, group of persons, association or corporation operating any facility described in Section 8.88.110 without first obtaining a license from the Board of Supervisors shall be guilty of a misdemeanor. An institution that violates this section shall not be permitted to make application for a license for a period of two years from the date of the violation.

(Prior Code, § 34,102; Code 1997, § 5.24.020)

A. An applicant for a license or for the renewal of a license shall pay the annual fees required by this section. The amount of the fees shall be fixed by County resolution based on the number of residents to be served and in an amount sufficient to cover the costs of administering this article. For the first year, the fees shall not be less than $35.00 nor more than $100.00. Thereafter, the fees shall be fixed annually by the County, but shall not be less than $35.00 nor more than an amount sufficient to cover the actual cost of administration. The money so collected shall be deposited in the general fund of the County.

B. Applications for renewal of a license shall be filed, accompanied by the renewal fee established by the County, 30 days prior to its expiration. If the application is not so filed, the license is automatically canceled unless the applicant establishes reasonable ground for his or her delay in filing. Application for license shall be completed and signed under penalty of perjury.

C. An application by an association or corporation shall bear the signature of the president or other presiding officer. The application filed for an unincorporated proprietary facility shall be signed by each person who will assume any financial and/or administrative responsibility.

D. No license may be transferred to any other person, group of persons, association or corporation.

(Prior Code, § 34,103; Code 1997, § 5.24.030)

Before a license can be issued to any person, persons, association, corporation or other place maintained to receive and care for persons, he or she must be of a high moral character. The applicants for the license and all officers, instructors and employees shall be photographed and fingerprinted by the Sheriff of the County. He or she then shall secure from the Federal Bureau of Investigation a full record to determine if the applicant, officers, instructors and employees have been convicted of a crime other than a minor traffic violation. If it is found that anyone of them have, the license shall be denied. No officer, instructor or employee shall be employed by the institution if they have been convicted of a crime other than a minor traffic violation.

(Prior Code, § 34,104; Code 1997, § 5.24.040)

The institution shall submit in writing to the Sheriff a reasonable plan to ensure that its operation will not pose a threat to the safety of persons and property in the surrounding neighborhood, and staff and persons under the care of the institution. The Sheriff must approve any plan prior to issuance of a license. Failure of the institution to conform to the plan is cause for revocation of any license.

(Prior Code, § 34,105; Code 1997, § 5.24.050)

Within ten days of commencement of operation, and monthly thereafter, the administrators of institutions of a correctional or vocational nature shall furnish the Sheriff a register setting forth the following facts concerning each person placed in the institution: name, age, date of arrival and departure, county of origin, referral agency and reason for referral.

(Prior Code, § 34,106; Code 1997, § 5.24.060)

The institution shall be responsible for reporting to the Sheriff the fact that persons under the care of the institution are off the premises without written permission and are unaccounted for.

(Prior Code, § 34,107; Code 1997, § 5.24.070)

No institution requiring a license under this article shall be coeducational.

(Prior Code, § 34,107(a); Code 1997, § 5.24.080)

The institution shall cooperate with the Sheriff in reporting fully the facts relevant to any criminal activity or suspected criminal activity of persons under the care of the institution.

(Prior Code, § 34,108; Code 1997, § 5.24.090)

Where an institution proposes a plan of instruction or education for persons to the age of 18, all pertinent sections of the Education Code shall be met and certification shall be made by the appropriate agencies. All certified personnel shall have the appropriate credentials on file in the County Office of Education. All educational programs, formal, vocational and/or special education shall be coordinated by the County Office of Education.

(Prior Code, § 34,109; Code 1997, § 5.24.100)

Institutions required to be licensed shall meet the following requirements:

A. Direction of the health program. The institution health program shall be under the direction of a physician licensed to practice medicine and surgery in the State.

B. Admissions examination. Each resident shall be screened for the presence of communicable or contagious disease, or other medical problems, within 24 hours of admission.

1. Each resident shall have a complete physical examination, including visual and auditory screenings, tuberculin test or chest X-ray, and other tests as indicated, prior to admission or within seven days following admission.

2. The institution shall request the physician making the examination to report the results in writing and in enough detail to show the resident's physical condition and development, health history of previous illnesses and immunizations, his or her freedom from communicable disease, and his ability to take part in group activities or schedule of permitted activities when these must be limited, and recommendations for future care, treatment or examinations.

3. If indicated, and according to the necessity and availability of these services, psychological and psychiatric evaluations shall be made.

C. Medical care and hospitalization. The institution shall provide medical, surgical, hospital and nursing service either through its own facilities or through specific contracts with various community, medical, dental and nursing services, including hospitals.

D. Emergency medical care. Every institution shall have a plan which provides for immediate medical attention and treatment in case of illness, accident or injury to any resident under care.

E. Periodic examination. Each resident shall receive a physical examination annually or at more frequent intervals as recommended by the institution's medical authority.

F. Use of medicines and prescriptions. Staff members responsible for the care of ill residents shall receive training in the proper handling and use of medicines and prescriptions under the direction of a physician and in accordance with procedures that are administratively determined.

G. First aid. First aid supplies shall be readily available for use as prescribed under the direction of the institution's physician and in accordance with procedures that are administratively determined.

H. Medical isolation. Provisions shall be made for isolating and caring for a resident whose illness requires separation from the group.

I. Medical and psychiatric coordination. Each institution which establishes and maintains a regimen for the use of tranquilizers in the treatment of extreme emotional disturbance shall maintain coordination between the medical and psychiatric staff in the supervision of the use of such drugs and the course of psychological treatment.

J. Staff training. Under the direction of a physician, the staff shall receive training in the responsibilities for and the technique in dealing with these situations:

1. Psychiatric services. The services of a psychiatrist shall be available for diagnosis, consultation and psychiatric treatment of residents when indicated.

2. Psychological services. The services of a psychologist shall be available to contribute to diagnosis and formulation of treatment plans and for direct work with selected residents.

3. Nursing services. Nursing services shall be available as appropriate to the licensed capacity of the institution and used for care of sick residents, for assistance to the physicians in providing continuous health supervision, for interpretation of medical, dental and nutritional recommendations to other staff and residents and for follow-up on medical and dental recommendations.

4. Dental care. Dental care shall be provided by the institution by the placement agency responsible for the resident. This shall include an examination as soon as practical after admission of the resident for care, treatment, including necessary prophylaxis, orthodontia, repairs and extractions when indicated and annual reexaminations. If the institution does not retain a staff dentist, the dentist shall be retained on a contractual basis and available as necessary.

5. Medical records. An individual medical record shall be kept for each resident. When medical records are kept in the doctor's office or infirmary, pertinent information shall be included in the resident's case record.

(Prior Code, § 34,110; Code 1997, § 5.24.110)

Prior to the issuance of a license, the institution shall furnish proof of insurance. The insurance shall insure the institution against liability for personal injury damage to persons in the amount of $100,000.00 per occurrence and $300,000.00 per incident and property damage in the amount of $50,000.00.

(Prior Code, § 34,111; Code 1997, § 5.24.120)

A. A license shall be issued to the legally responsible person, persons, association or corporation only after a determination that all of the requirements of this article have been met.

B. No license shall be issued or renewed by the County unless the applicant has been issued a license by the State, if required, to operate an institution.

C. This article is in addition to any requirements of the laws of the State.

(Prior Code, § 34,112; Code 1997, § 5.24.130)

Applicant, officers, instructors and employees engaged by a foster home or institution shall submit a doctor's certificate indicating they have no contagious or communicable diseases. A new certificate shall be required annually and whenever the County Health Officer has reason to believe a health hazard exists to the staff, residents or surrounding community.

(Prior Code, § 34,113; Code 1997, § 5.24.140)

A. A license shall be revoked by sending a registered letter bearing the designation "Notice of Revocation" to the licensee. This letter will:

1. State that the license is being revoked;

2. List the specific acts or conditions which constitute lack of conformity with regulations and the dates or time span involved;

3. Establish a date for termination of operation; and

4. Explain the right to file an appeal from the action within ten days.

B. If an appeal is filed, further proceedings shall be conducted in accordance with Chapter 2.09.

(Prior Code, § 34,114; Code 1997, § 5.24.150)

Any person, persons, association or corporation that maintains, conducts or assists in maintaining or conducting any institution or boarding home, as specified in Section 8.88.110, or who refuses to permit or interferes with the inspection authorized in this article, is guilty of a misdemeanor, and all residents of the home or institution shall immediately be returned to their place of origin. Each day of violation is a separate offense and upon conviction thereof shall be punished according to the general penalties described in Chapter 1.24.

(Prior Code, § 34,115; Code 1997, § 5.24.160)

Responsibility for the various provisions of this article, including inspection and enforcement, shall rest with the County Health Officer.

(Prior Code, § 34,116; Code 1997, § 5.24.170)