El Dorado County Municipal Code Art. III Child Boarding Homes

This article shall be known and may be referred to in all proceedings as the County Child Boarding Home Ordinance.

(Prior Code, § 8501; Code 1997, § 5.28.010)

Private institutions for the care of children have been established in the County which are not subject to the State licensing requirements under State law by reason of the interpretation made of the chapter by the State Department of Social Welfare and the Attorney General. (See volume 42, opinions of the Attorney General, page 1.) The ordinance from which this article is derived is enacted for the purpose of regulating boarding institutions for the care of children not regulated by State law to require minimum standards of sanitation, health, hygiene and safety in the institutions pursuant to Article 11, Section 11 of the California Constitution and other State statutes.

(Prior Code, § 8502; Code 1997, § 5.28.020)

For the purposes of this article the following words and phrases are defined as follows, unless the context or subject matter otherwise requires:

Child boarding home means any place where five or more unmarried minors under the age of 18 years regularly eat and sleep for periods of ten days or more away from the home of a parent, stepparent, legal guardian, grandparent, brother, sister, uncle or aunt of the minor whether or not compensation is paid for such case and regardless of the manner, authority or purpose of the placement.

Operate, in reference to a child boarding home, means and includes the ownership of, management of, or the employment in the child boarding home.

Qualified adult supervisor means an adult person over 21 years of age who has never been convicted of a felony.

(Prior Code, § 8503; Code 1997, § 5.28.030)

It is unlawful for any person, association or corporation to operate any child boarding home within the unincorporated territory of the County not exempted from the requirements of this article by Section 8.88.350 unless a valid, unexpired and unrevoked permit has been issued for the child boarding home by the County Health Department pursuant to Section 8.88.360. Violation of this section shall constitute a separate misdemeanor for each day of such unlawful operation. Upon conviction, the defendant shall be punished according to the general penalties described in Chapter 1.24.

(Prior Code, § 8504; Code 1997, § 5.28.040)

The following child boarding homes are exempted from the requirements of this article:

A. Those owned, maintained or conducted by the government of the United States, the State, any county or incorporated city in the State, and any public district organized under the laws of the State;

B. Those owned, maintained or conducted by any youth organization chartered by the Congress of the United States;

C. Those licensed pursuant to State law;

D. 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, § 8505; Code 1997, § 5.28.050; Ord. No. 4334, 1994)

The County Health Department shall issue a child boarding home permit for a child boarding home; provided that, after inspection, the child boarding home complies with all of the following requirements:

A. The location of child boarding homes shall comply with all applicable zoning laws and ordinances;

B. The water supply for child boarding homes shall comply with all applicable State and County laws, regulations and ordinances and be free from any contamination or pollution;

C. All child boarders shall be supervised at all times by one or more qualified adult supervisors for each 15 child boarders;

D. Sleeping quarters complying with the requirements of the County building code for Group H occupancies and the State Housing Act shall be provided for all child boarders;

E. Kitchen and eating facilities complying with State law shall be provided for all child boarders;

F. The number of child boarders in a child boarding home shall not exceed the capacity of the sleeping, kitchen or eating facilities established by the County building code and State law.

(Prior Code, § 8506; Code 1997, § 5.28.060)

Child boarding home permits issued pursuant to this article shall automatically expire one year after the date they are issued. No child boarding home permit shall be renewed unless the Health Department has determined after inspection of the home that it continues to comply with all of the requirements of Section 8.88.360.

(Prior Code, § 8507; Code 1997, § 5.28.070)

The County Health Officer may revoke any child boarding home permit at any time he or she determines after inspection that the home does not comply with all of the requirements specified in Sections 8.88.360 and 8.88.390 by delivering personally or by registered mail, notice of revocation specifying the reasons for the revocation to any person who operates the home. The notice shall also state that the boarding home shall be closed and all child boarders removed within ten days following the revocation unless the permit has been reinstated following compliance with this article prior to that time.

(Prior Code, § 8508; Code 1997, § 5.28.080)

All child boarding homes subject to the provisions of this article shall be open at all times to inspection by any officer or employee of the County Health Department, the County Building Department or by any peace officer. Refusal to allow the inspection by any person who operates a child boarding home shall be grounds for revocation of the child boarding home permit pursuant to Section 8.88.380.

(Prior Code, § 8509; Code 1997, § 5.28.090)