Instructions For Program Operators (Transitional Housing Misconduct) {TH-200} | Pdf Fpdf Docx | California

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Instructions For Program Operators (Transitional Housing Misconduct) {TH-200} | Pdf Fpdf Docx | California

Instructions For Program Operators (Transitional Housing Misconduct) {TH-200}

This is a California form that can be used for Transitional Housing Misconduct within Judicial Council.

Alternate TextLast updated: 9/24/2018

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INSTRUCTIONS FOR PROGRAM OPERATORSLAWSUITS TO PROHIBIT ABUSE OR PROGRAM MISCONDUCT(Transitional Housing Misconduct Act)(Civil Code section 1954.10 et seq.)Read the "General Instructions" first. Then read the special instructions for program operators on page three. GENERAL INSTRUCTIONSWHO 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 programis 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;helps homeless persons obtain the skills necessary for independent living in permanent housing;includes regular individualized case management services;provides a structured living environment and requires compliance with program rules; andrestricts 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 wasa supervised shelter designed to provide temporary housing; or 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 includesthe housing program's rules;a statement of the program operator's right of control and access over the unit occupied by the participant; anda 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. (Continued on reverse) INSTRUCTIONS FOR PROGRAM OPERATORS (Transitional Housing Misconduct)Civil Code,247 1954.10 et seq. www.courts.ca.govForm Adopted for Mandatory Use Judicial Council of California TH-200 [Rev. September 1, 2018](1)(2)(3)(3)(2)(1)(1)(2)(3)(4)(5)an institution that provides temporary housing for individuals intended to be institutionalized; orPage 1 of 8Restraining 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).TH-200 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. Theparticipant's conduct is program misconduct ifthe participant intentionally broke the program rules;the participant's conduct substantially interferes with the program operator's ability to run the housingprogram; andthe conduct relates todrunkenness, sale or use of drugs, theft, arson, or destruction of another person's property; orviolence 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 ifthe participant did or attempted to attack, strike, batter, or sexually assault other participants, program employees, or immediate neighbors of the program site; orthe 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 HEARINGA TRO orders the participant to stop the abuse or misconduct and goes into effect immediately. The order lasts a maxi- mum 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 thatbefore applying for the TRO you told the participant or the participant's attorney when and where the application would be made; oryou made a good-faith effort to tell the participant or the participant's attorney; oryou should not have to give notice because great harm would result to a program operator, participant, or immediate neighbor of the program site before the hearing.ORDER AFTER HEARING ("PERMANENT" ORDERS)Temporary restraining orders last a maximum of five days or until the hearing. When the judge issues the TRO, he or she will set a date for the hearing on the permanent order (also called the Order After Hearing or "injunction"). A "per-manent" order issued after a hearing lasts up to one year.The program operator seeking the order must have the following papers delivered (served) to the participant at leasttwo days before the hearinga copy of the Order to Show Cause (Transitional Housing Misconduct);a copy of the Temporary Restraining Orders (if any);a copy of the Petition for Order Prohibiting Abuse or Program Misconduct;(1)(2)(3)(1)(2)(3)a blank Participant's Response (Transitional Housing Misconduct);two copies of a blank Attached Declaration (form MC-031);(4)(5)(3)(1)(2)(1)(2)(a)(b)(Continued on reverse) INSTRUCTIONS FOR PROGRAM OPERATORS (Transitional Housing Misconduct)TH-200 [Rev. September 1, 2018]Page 2 of 8TH-200 American LegalNet, Inc. Order After Hearing continueda blank Proof of Personal Service (Transitional Housing Misconduct);a copy of these instructions; andcopies of all materials (affidavits and supporting memoranda) to be used in the hearing.(6)(7)(8)The Order to Show Cause must contain the name and phone number of the Legal Services Office in the county where the petition was filed, and must inform the participant this office may be called for legal advice about responding to the request for court order

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