Faith-Based and Non-Clinical Programs: The Licensing Gap

Holding rehab facilities accountable.

Faith-based rehab homes can incorporate spiritual guidance into their programs, but their need for licensing is still determined by the level of care and services they provide.

If a church-operated treatment center offered medical supervision and professional counseling, California’s DHSC may require it to be certified.

When faith-based facilities provide care they aren’t licensed to offer, they can endanger patients. Families who lose a loved one to a church program’s negligence can seek justice and can earn support.

Families can find out more about their options by scheduling a free case review.

Licensing for Church-Operated Drug Rehab Programs

Many inpatient and outpatient drug rehabs in California are run by church groups. Incorporating spiritual guidance and church involvement is perfectly legal under California health and safety codes.

However, prayer and the support of other followers do not erase the licensing requirements for facilities that offer a certain level of clinical care.

The need for licensing for faith-based recovery homes in California would be determined in the same way it would be for other rehab facility businesses.

For example, a Christian-based residential home that only offered lodging and informal counseling would usually not need state licensing. It’s the same for most Sober Living Homes that provide a place for recovering patients to stay, rejoin life outside a clinic, and be supported by peers.

These therapeutic homes are generally known as “non-clinical” centers and don’t need licensing.

See: Liability for a wrongful death at a Wilderness Therapy Retreat

When a Church-Operated Rehab Facility Must Be Licensed

California’s Department of Health Care Services (DHCS) does get involved when a facility offers care beyond peer support and spiritual guidance.

Generally, a church drug treatment center offering medical supervision and professional counseling (beyond pastoral counseling) would require a license to operate. The facility and staff would be inspected and would need to maintain licensing every two years.

The DHCS doesn’t regulate church-run sober living homes, but if a home was reported to be offering services it wasn’t licensed for, state administrators could investigate.

See: Checking a drug rehab facility’s license and violations yourself.

 Gathering Evidence Against a Negligent Faith-Based Rehab Program

Most church-based and non-profit rehab programs have very good intentions. But that doesn’t exempt them from liability if a careless mistake leads to the death of a patient.

They accept full responsibility when they admit a new resident or patient. They owe a higher “duty of care” when it’s understood the patient is already medically vulnerable.

An experienced attorney can help you when you know that your loved one wasn’t to blame for their death and that a rehab center failed them. An attorney begins an immediate investigation and collects all evidence to support a strong case.

These and other details can help back up a wrongful death claim:

  • Evidence that a patient didn’t receive the constant monitoring promised that could have prevented a deadly overdose or tragic suicide.
  • Evidence that a church-based program was administering medical care, such as detox treatment, that it wasn’t qualified to provide, endangering patients.
  • Evidence that staff members were not qualified to treat withdrawal symptoms.
  • Evidence that staff members weren’t equipped to treat an overdose. Such as administering NARCAN for Fentanyl overdose victims.
  • Evidence that security was not as promised (e.g., allowing drugs into a facility, allowing patient assault).
  • Evidence that a patient was released when they were at high risk of relapse.

Details of these and other acts of negligence can leave church organizations fully liable for a family’s emotional trauma and financial hardships.

Filing a Lawsuit Against a Religious Organization

Families may have reservations about taking legal action against a church organization, but they shouldn’t worry.

A wrongful death claim doesn’t directly target the owners and operators of the facility in most cases. Any rehab program will have to have commercial liability insurance, and the insurer would be responsible for paying compensation.

What’s more, church program organizers must be held accountable. And families can be left with major debt while paying funeral costs and leftover hospital bills. This is at a time when a loved one’s income that may have supported the family may disappear.

Families should be supported through a wrongful death claim so that they can afford help with their grief and avoid constant financial turmoil in the years to come. A spouse, children, and other family members will need assistance rebuilding their lives.

Contact Us if a California Rehab Program Allowed Your Loved One to Get Hurt.

Attorney Martin Gasparian offers a free, confidential consultation to families who had a family member die at a faith-based rehab facility or recovery camp. Mr. Gasparian is ready to stand with you when owners and operators are trying to blame your loved one.

Call us today or fill out a free case review form. Remember, if you need our help to earn more, Mr. Gasparian doesn’t charge your family anything upfront. We are only paid if we win the case for you. Then our fee comes out of the settlement that a negligent facility must provide.