In California, the term “group home” usually refers to a 24-hour residential home for children.
Some of these homes provide substance use disorder treatment for minors.
Regardless of their focus, these homes take in vulnerable children and have a duty to keep them absolutely safe. When children are injured or allowed to die, families can file claims and seek justice and support.
Group Homes Definition in California
Some sober living homes and adult care homes may be referred to as “group homes,” but legally speaking, group homes serve minors.
A group home provides 24-hour care to children in a structured environment, attended to by staff. California’s Health and Safety Code (HSC) details the official definition recognized by California.
(13) “Group home” means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
The children who are housed here may be any age, but few group homes are approved to take in children under six. Most homes focus on serving children from 13 to 17.
Short-Term Residential Therapeutic Programs (STRTPs)
This a term generally used for group homes that can provide more intensive care and monitoring. A STRTP focuses on a shorter stay for residents. They have programs focused on helping children with trauma and behavioral issues. They sometimes treat children with Substance Use Disorder. California has transformed many group homes that focus on longer-term housing into STRTPs that try to help children return to a foster home or family setting much sooner.
Reasons Why Children Are Placed in Group Homes
Many children without families or with families who can’t meet their needs are placed in foster homes. However, there are some children with needs that can’t be met by foster parents.
These are a few of the reasons a child may live in a foster home:
- They may have behavioral needs (e.g., aggression, risk of self-harm).
- There may be a shortage of Foster Care families.
- Teens may need specialized care such as Substance Use Disorder treatment, or care for teen mothers.
- Courts may place a child in a group home because they aren’t safe with their biological families.
Licensing for Group Homes
The California Department of Social Services (CDSS) would usually be in charge of inspecting group homes, with the Community Care Licensing Division (CCLD) providing licensing.
Do California Group Homes Provide Drug Rehab Treatment?
Fewer group homes open up beds for SUD patients. Those that provide only peer support and basic supervision could operate without a license from the Department of Health Care Services (DHCS).
The DHCS uses the Term Adolescent Residential SUD Treatment Facility for group homes focused on helping young SUD sufferers. These facilities must have a CDSS license and a DHCS Medi-Cal Certification Accreditation (if they accept Medi-Cal)
They must also have accreditation from independent inspectors from one of the following:
- CARF
- The Joint Commission
- Council on Accreditation
Though rare, group homes that provide advanced care, such as incidental medical care and professional therapy, would need DHCS licensing. Facilities providing detox services and that treat patients in withdrawal definitely need licensing.
Who Is Responsible for a Death at a California Group Home?
Many people may be surprised to know that many group homes are run as health care businesses. They have owners and operators. They have a “duty of care” to protect the children they take in and can be held liable when they are negligent in that care.
These businesses fail in that duty when they fail to monitor a resident often enough, and a child is allowed to commit suicide or die of a health issue. These businesses are responsible if a child is able to obtain drugs and overdose in a supposedly “drug-free” environment. These are just a few examples of what leaves owners and operators liable for an injury or tragic death.
Families can seek justice and hold the owners liable for their carelessness or the carelessness of their staff.
These are just a few of the entities that may own group homes:
- Non-profit organizations
- Faith-Based Organizations
- Private individuals
- Corporations
- Private equity firms
Families are empowered to file wrongful death claims to hold facilities liable for their mistakes. That can mean earning support for funeral costs and remaining medical bills. It can mean common-sense support for loved ones who have lost the companionship of a child forever.
But these businesses will have teams of lawyers all trying to blame a young victim, or deem it an unpreventable medical emergency. Families may require the protection of a lawyer to earn full support after a tragedy.
Contact Us if Your Loved One Died in a Group Home.
Attorney Martin Gasparian offers a free, confidential consultation to families after a child is injured or dies in a negligent group home. We help families understand their rights and what it takes to hold a giant corporation responsible.
Call us today or fill out a free case review form.
If you need our help, we are there, even if you don’t have any money to pay a lawyer. We only get paid if we win your case for your family. Then our fee comes out of the settlement check a negligent group home owner must write.