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Instructions For Program Operators (Transitional Housing Misconduct) TH-200 - California
| Instructions For Program Operators (Transitional Housing Misconduct) Form. This is a California form and can be used in Transitional Housing Misconduct Judicial Council . |
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INSTRUCTIONS FOR PROGRAM OPERATORS LAWSUITS TO PROHIBIT ABUSE OR PROGRAM MISCONDUCT (Transitional Housing Misconduct Act) (Health and Safety Code section 50580 et seq.) Read the "General Instructions" first. Then read the special instructions for program operators on page three. GENERAL INSTRUCTIONS WHO CAN GET ORDERS PROHIBITING ABUSE OR MISCONDUCT? Individuals or organizations that run a transitional housing program can ask the court for these orders. The Transitional Housing Misconduct Act applies only if the housing program (1) is run by a government agency, a private nonprofit corporation that receives program funds from a government agency, or an operator hired by one of the above to run the program; (2) helps homeless persons obtain the skills necessary for independent living in permanent housing; (3) includes regular individualized case management services; (4) provides a structured living environment and requires compliance with program rules; and (5) restricts the occupancy period to not less than 30 days but not more than 24 months. Only the program operator can ask the court for orders against a participant. A program participant cannot ask the court for orders against a fellow participant, nor can program employees or neighbors of the program site ask for orders. The program operator can, however, petition on their behalf. TO WHOM DO THESE ORDERS APPLY? A program operator can ask the court for orders against a homeless person who is now a participant in the housing program. Someone is a homeless person if, before coming to the housing program, he or she lacked a regular and adequate nighttime residence or the most recent nighttime residence was (1) a supervised shelter designed to provide temporary housing; or (2) an institution that provides temporary housing for individuals intended to be institutionalized; or (3) a place not designed or ordinarily used as sleeping accommodations for humans. Someone is a participant in a housing program if he or she signed a contract with the program as a condition to getting housing. The program operator can get orders only against a participant who has signed a contract that includes (1) the housing program's rules; (2) a statement of the program operator's right of control and access over the unit occupied by the participant; and (3) a restatement of the procedures and rights created by the Transitional Housing Misconduct Act. The program operator can ask for orders against the participant and anyone living with the participant at the program site. The operator must prove program misconduct or abuse, however, for each individual against whom orders are granted. Restraining orders issued under this act apply only to the persons named in the order. That means that if the court orders only one member of a family to move out of program housing, the rest of the family members may remain in the program (unless they are all minors). (Continued on reverse) Form Adopted by the Judicial Council of California TH-200 [New July 1, 1992] Page one of eight Health & Safety Code, § 50580 et seq. INSTRUCTIONS FOR PROGRAM OPERATORS (Transitional Housing Misconduct) 2001 © American LegalNet, Inc. WHEN CAN THE COURT MAKE ORDERS PROHIBITING ABUSE OR MISCONDUCT? Program operators can ask the court for orders if the participant has engaged in program misconduct or abuse. The participant's conduct is program misconduct if (1) the participant intentionally broke the program rules; (2) the participant's conduct substantially interferes with the program operator's ability to run the housing program; and (3) the conduct relates to (a) drunkenness, sale or use of drugs, theft, arson, or destruction of another person's property; or (b) violence or threats of violence directed at, and harassment of, immediate neighbors of the program site, program employees, or other participants. The participant's conduct is abuse if (1) the participant did or attempted to attack, strike, batter, or sexually assault other participants, program employees, or immediate neighbors of the program site; or (2) the participant threatened to attack, strike, batter, or sexually assault the above individuals. WHAT KINDS OF ORDERS ARE AVAILABLE TO PREVENT ABUSE OR MISCONDUCT? A program operator can request a Temporary Restraining Order or a "permanent" order (Order After Hearing), or both. These both are court orders forbidding someone from engaging in the activity described in the order. A Temporary Restraining Order is issued by a judge after a request for a permanent order has been filed, but before there has been a full hearing. Permanent orders can be issued only after a full hearing before a judge, where both the participant and the program operator can be represented by attorneys and have the opportunity to present evidence. TEMPORARY RESTRAINING ORDERS ("TRO") BEFORE THE HEARING A TRO orders the participant to stop the abuse or misconduct and goes into effect immediately. The order lasts a maximum of five days. The court may not be able to grant a hearing within five days, in which case the order will last until the hearing. To get a TRO the program operator must prove that the participant has engaged in program misconduct or abuse and that great or irreparable harm will result before the hearing if the TRO is not granted. In limited circumstances, the judge can use a TRO to order the participant to move out. The judge will do this only if it is necessary to protect another participant, a program employee, or an individual who lives within 100 feet of the program site from imminent serious bodily injury. To get a TRO excluding the participant from program housing, the program operator must provide clear and convincing evidence that the participant engaged in abuse and that great or irreparable injury will result before the hearing if the participant is not ordered to move out or stay away from the housing program, or both. If the participant has been living in program housing under contract for six months or longer, the program operator cannot get a TRO unless an action is pending against the participant or a TRO is already in effect and is subject to further orders. The program operator may still use unlawful detainer procedures or file for a permanent order only. You must give notice to the participant before asking for a TRO. Notice requires you to show the judge that (1) before applying for the TRO you told the participant or the participant's attorney when and where the
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