^fe&S^ DEPARTMENT OF DEVELOPMENTAL SERVICES PROGRAM SERVICES BRANCH. PROGRAM ADVISORY PSB01-2 April 18,2001 WHY ARE SUPPORTED LIVING SERVICE HOMES NOT LICENSED? Background to live; 2) control the home environment; and 3) not have to move when changes in services and supports This program advisory has been prepared in response occur. This describes a "home" that is under both the to concerns about what are, essentially, unlicensed legal and operational control of the consumer, in facilities that call themselves Supported Living every sense that would apply to any independent adult Service (SLS) homes, and to provide a guide to the without disabilities, differences among Community Care Facilities, Independent Living, and Supported Living arrangements. Section 1505(1) of the California Health The SLS "Home" in the Title 17 Regulations & Safety Code exempts "any supported living arrangement...as defined in Section 4689 of the In implementing the intent of the Lanterman Act, the Welfare and Institutions Code" from Community Care Department of Developmental Services' Title 17 Licensing (CCL) requirements. What is it about the Supported Living Service Regulations define the term homes of SLS consumers that justifies this "home" as a place "which is neither a community care exemption." facility, health facility, nor a family home certified by a Family Home Agency, and in which no parent or conservator of the consumer resides, and which a The Consumer Controls the Home consumer chooses, owns or rents, controls, and occupies as a principal place of residence." As does The licensing exemption exists because the SLS the law. the regulatory definition focuses on the consumer exercises legal and functional control of the consumer's control as both legal in form ("owns or premises. This is the fundamental distinction between rents") and operational ("controls") in content. SLS and licensed community living options. In light of this fact, there can be no more justification for licensing a consumer's private home than for licensing Summary: Assuring the SLS Home's Integrity the homes and apartments of people without disabilities. Both the law and regulations make this Regional centers have primary responsibility to assure clear. that the homes of SLS consumers comply with the intention in statute and regulations, and are not in reality, facilities operating without a license. The What the Lanterman Act Says absence of CCL jurisdiction over Supported Living "** Arrangements heightens the responsibility to assure Section 4689 of the Lanterman Act refers to 'homes that consumers have not only a formal right of control, that [SLS consumers] own or lease"; "opportunities but a functional management right that is exercised for adults to live in their own homes"; and "living over the home in daily practice, arrangements which are typical of those in which persons without disabilities reside." [Italics added.] For additional information, please contact This intended meaning of "their own homes" is Marvin Bricnes, Services and Supports Section, clarified in further requirements that the consumer at 916-654-1553, or at mbricnes/?/)dds ca.go\. must 1) guide decisions about where and with whom

^fe&S^ DEPARTMENT OF DEVELOPMENTAL SERVICES · The licensing exemption exists because the SLS the law. the regulatory definition focuses on the consumer exercises legal and functional

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^fe&S^ DEPARTMENT OF DEVELOPMENTAL SERVICES

PROGRAM SERVICES BRANCH.PROGRAM ADVISORY

PSB01-2 April 18,2001WHY ARE SUPPORTED LIVING SERVICE HOMES NOT LICENSED?

Background to live; 2) control the home environment; and 3) nothave to move when changes in services and supports

This program advisory has been prepared in response occur. This describes a "home" that is under both theto concerns about what are, essentially, unlicensed legal and operational control of the consumer, infacilities that call themselves Supported Living every sense that would apply to any independent adultService (SLS) homes, and to provide a guide to the without disabilities,differences among Community Care Facilities,Independent Living, and Supported Livingarrangements. Section 1505(1) of the California Health The SLS "Home" in the Title 17 Regulations& Safety Code exempts "any supported livingarrangement...as defined in Section 4689 of the In implementing the intent of the Lanterman Act, theWelfare and Institutions Code" from Community Care Department of Developmental Services' Title 17Licensing (CCL) requirements. What is it about the Supported Living Service Regulations define the termhomes of SLS consumers that justifies this "home" as a place "which is neither a community careexemption." facility, health facility, nor a family home certified by

a Family Home Agency, and in which no parent orconservator of the consumer resides, and which a

The Consumer Controls the Home consumer chooses, owns or rents, controls, andoccupies as a principal place of residence." As does

The licensing exemption exists because the SLS the law. the regulatory definition focuses on theconsumer exercises legal and functional control of the consumer's control as both legal in form ("owns orpremises. This is the fundamental distinction between rents") and operational ("controls") in content.SLS and licensed community living options. In lightof this fact, there can be no more justification for

licensing a consumer's private home than for licensing Summary: Assuring the SLS Home's Integritythe homes and apartments of people withoutdisabilities. Both the law and regulations make this Regional centers have primary responsibility to assureclear. that the homes of SLS consumers comply with the

intention in statute and regulations, and are not inreality, facilities operating without a license. The

What the Lanterman Act Says absence of CCL jurisdiction over Supported Living"** Arrangements heightens the responsibility to assure

Section 4689 of the Lanterman Act refers to 'homes that consumers have not only a formal right of control,that [SLS consumers] own or lease"; "opportunities but a functional management right that is exercisedfor adults to live in their own homes"; and "living over the home in daily practice,arrangements which are typical of those in whichpersons without disabilities reside." [Italics added.] For additional information, please contactThis intended meaning of "their own homes" is Marvin Bricnes, Services and Supports Section,clarified in further requirements that the consumer at 916-654-1553, or at mbricnes/?/)dds ca.go\.must 1) guide decisions about where and with whom