California Welfare and Institutions Code

§ 4094.5

WIC § 4094.5 Effective Jan 1, 2025Div. 4 · Part 1 · Ch. 3 · Art. 5

Statute text

Regulations for community treatment facilities adopted pursuant to Section 4094 shall include, but not be limited to, the following:

(a)Only a child with serious emotional disturbance, as defined in Section 5699.2, either (1) for whom other less restrictive mental health interventions have been tried, as documented in the case plan, or (2) who is currently placed in an acute psychiatric hospital or state hospital or in a facility outside the state for mental health treatment, and who may require periods of containment to participate in, and benefit from, mental health treatment, shall be placed in a community treatment facility. For purposes of this subdivision, lesser restrictive interventions shall include, but are not limited to, outpatient therapy, family counseling, case management, family preservation efforts, special education classes, or nonpublic schooling.

(b)A facility shall have the capacity to provide secure containment. For purposes of this section, a facility or an area of a facility shall be defined as secure if residents are not permitted to leave the premises of their own volition. All or part of a facility, including its perimeter, but not a room alone, may be locked or secure. If a facility uses perimeter fencing, all beds within the perimeter shall be considered secure beds. All beds outside of a locked or secure wing or facility shall be considered nonsecure beds.

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Legislative history

Amended by Stats. 2024, Ch. 948, Sec. 4. (AB 2119) Effective January 1, 2025.