California Senate Bill 1043
Session 20232024
Short-term residential therapeutic programs: dashboard: seclusion or behavioral restraints.
Became Law
Became Law on Sep 27, 2024
Sponsors
3 Sponsors
Shannon Grove
Angelique V. Ashby
Aisha Wahab
First Action
Feb 7, 2024
Latest Action
Sep 27, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
1043
State
California
Session
20232024
Aisha Wahab
grade
Author
Angelique V. Ashby
grade
Author
Shannon Grove
grade
Author
Principal Coauthor
Coauthor
Coauthor
Dahle
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Nguyen
Coauthor
Coauthor
Rubio
Coauthor
Coauthor
Coauthor
Coauthor
Motion Text
Special Consent SB1043 Grove et al.
Senate Roll Call Votes
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Other
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Summary
Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, including short-term residential therapeutic programs, by the State Department of Social Services. The act defines a short-term residential therapeutic program as a residential facility licensed by the department and operated by any public agency or private organization that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed.
Existing law requires specified facilities, including community care facilities, to conduct a clinical and quality review for each episode of the use of seclusion or behavioral restraints, as defined. Existing law requires the facility to conduct a debriefing regarding the incident with the person, and other specified individuals upon the person's request, to discuss how to avoid a similar incident in the future. Under existing law, the person's participation in the debriefing is voluntary.
This bill, The Accountability in Children's Treatment Act, would require, in the case of an incident involving the use of seclusion or behavioral restraints in a short-term residential therapeutic program, the facility to notify any foster child who has been subject to seclusion or behavioral restraints of their personal rights by no later than the day following the incident and to provide, within 7 days, a description of the incident, in both oral and written forms, to the person subject to the seclusion or behavioral restraints and, as applicable, to the person's parent, foster parent, guardian, Indian custodian, or other authorized representative, and attorney, if any, and for Indian children, the tribal representative. The bill would require that the description contain certain information, including the actions taken during the incident and its duration, the rationale for the actions, and the personnel approving and implementing the actions. The bill would require the facility to provide a copy of the written description to the department, also within 7 days.
The bill would require the department to review all reported incidents involving the use of seclusion or behavioral restraints and to investigate any incidents that indicate a potential health and safety concern or licensing violation. As part of the assessment to determine if an investigation is required, the bill would require the department to determine whether the use of seclusion or behavioral restraints potentially violated any licensing laws and regulations or violated the licensee's approved emergency intervention plan. If the department determines that an incident should be investigated, the bill would require the department to provide the Office of the State Foster Care Ombudsperson with a copy of the incident report and require the ombudsperson to exercise their discretion in determining whether to investigate the incident, as specified.
Existing law requires the Secretary of California Health and Human Services or their designee to take steps to establish a system of mandatory, consistent, timely, and publicly accessible data collection regarding the use of seclusion and behavioral restraints in specified facilities, including community care facilities, that utilize seclusion and behavioral restraints. Existing law requires that data collected include, among other information, the number of incidents, the duration of time spent per incident, and the number of serious injuries or deaths occurring while the person is in seclusion or subject to behavioral restraints.
Existing law requires the secretary to develop a mechanism for making this information, as it becomes available, publicly available on the internet. Existing law requires the State Department of Social Services and other specified departments to annually provide information to the Legislature about the progress made in implementing the above-described provisions on data collection, clinical and quality review, and debriefing.
This bill would require the State Department of Social Services, by January 1, 2026, to display, on its internet website, data that is specific to short-term residential therapeutic programs. The bill would require the dashboard to display the above-described data on seclusion or behavioral restraints as applicable to those programs, the above-described written descriptions of the incidents, and the numbers and types of licensing and administrative actions taken for the improper use of seclusion or behavioral restraints by the short-term residential therapeutic program or an associated individual for the improper use of seclusion or behavioral restraints. The bill would require the department to update the information biannually.
Under the bill, this data would exclude any personally identifiable information, as specified, and the provisions of the bill would be implemented to the extent not in conflict with any applicable federal or state privacy laws.
02/07/24 - Introduced
February 7, 2024
03/18/24 - Amended Senate
March 18, 2024
06/27/24 - Amended Assembly
June 27, 2024
08/19/24 - Amended Assembly
August 19, 2024
08/30/24 - Enrolled
August 30, 2024
09/27/24 - Chaptered
September 27, 2024
04/12/24- Senate Human Services
April 12, 2024
04/26/24- Senate Appropriations
April 26, 2024
05/17/24- Sen. Floor Analyses
May 17, 2024
06/23/24- Assembly Human Services
June 23, 2024
08/06/24- Assembly Appropriations
August 6, 2024
08/21/24- ASSEMBLY FLOOR ANALYSIS
August 21, 2024
08/27/24- Sen. Floor Analyses
August 27, 2024
Sort by most recent
09/27/2024
California State Legislature
Chaptered by Secretary of State. Chapter 628, Statutes of 2024.
09/27/2024
California State Legislature
Approved by the Governor.
09/04/2024
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/28/2024
Senate
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5613.) Ordered to engrossing and enrolling.
08/27/2024
Senate
Ordered to special consent calendar.
08/26/2024
Senate
In Senate. Concurrence in Assembly amendments pending.
08/26/2024
Assembly
Read third time. Passed. (Ayes 77. Noes 0. Page 6551.) Ordered to the Senate.
08/20/2024
Assembly
Read second time. Ordered to third reading.
08/19/2024
Assembly
Read second time and amended. Ordered to second reading.
08/15/2024
Assembly
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 15).
08/07/2024
Assembly
August 7 set for first hearing. Placed on suspense file.
06/27/2024
Assembly
Read second time and amended. Re-referred to Com. on APPR.
06/26/2024
Assembly
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 25).
06/03/2024
Assembly
Referred to Com. on HUM. S.
05/24/2024
Assembly
In Assembly. Read first time. Held at Desk.
05/23/2024
Senate
Read third time. Passed. (Ayes 37. Noes 0. Page 4179.) Ordered to the Assembly.
05/20/2024
Senate
Ordered to special consent calendar.
05/16/2024
Senate
Read second time. Ordered to third reading.
05/16/2024
Senate
From committee: Do pass. (Ayes 7. Noes 0. Page 3969.) (May 16).
05/10/2024
Senate
Set for hearing May 16.
04/29/2024
Senate
April 29 hearing: Placed on APPR suspense file.
04/22/2024
Senate
Set for hearing April 29.
04/16/2024
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3606.) (April 15). Re-referred to Com. on APPR.
04/04/2024
Senate
Set for hearing April 15.
04/03/2024
Senate
Re-referred to Com. on HUMAN S.
03/18/2024
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
02/14/2024
Senate
Referred to Com. on RLS.
02/08/2024
Senate
From printer. May be acted upon on or after March 9.
02/07/2024
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 8, 2024 12:20:54 PM
Record Updated
Oct 10, 2024 12:29:49 PM