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XAVIER BECERRA Atomey General of California ISMAEL A. CASTRO Supervising Deputy Atorney General FILED SRANT State Bar No. 187250 MAY -9 2019 ww ASHANTE L. NORTON State Bar No. 203836 CLERK OF THE SUPERIOR COURT Deputy Attorneys General BY: M. VILLA, DEPUTY GLERK 1300 I'Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7862 Fax: (916) 324-5567 E-mail: Ashante.Norton@doj.ca.gov Attorneys for Plaintiff Pat Leary, Director of the Department of Social Services SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SHASTA. REDDING BRANCH ee PAT LEARY, DI IR (ACTING) OF | Caso No. 49196: 192507 THE NT ( 3) lo, CALIFO! PARTMENT OF 16 | SOCIAL SERVICES, IN HER OFFICIAL COMPLAINT FOR INJUNCTIVE 17 | CAPAcrry, RELIEY. AND OTHER EQUITABLE Plaintiff, (Health & Saf, Code § 1541) % TEEN RESCUE, INC., DBA RIVER VIEW CHRISTIAN ACADEMY, TOGETHER FREEDOM, INC, NEW DAY FOR CHILDREN, FACESS,, 22 | PHILLIP LUDWIG, AND DOES 1-20, 23 Defendants, 24 25 i 26 Plaintiff Pat Leary, in her official capacity as the Director (Acting) of the State of ‘California 27 RECEIVED | Department of Social Services, alleges as follows: 2B May 9 2019 1 CLERK OF THE COMPLAINT FOR INJUNCTIVE RELIEF AND OTHER EGUEERSLESEPET BY FAX ee rane we 10 ii 12 2B 14 15 16 Ww 18 g BRRREBB PARTIES AND VENUE 1. Plaintiff is the Acting Director of the State of California Department of Social Services (Department or CDSS) and brings this complaint in her official capacity and not otherwise, 2. Defendants Teen Rescue, Inc., dba River View Christian Academy (RVCA), ‘Together Freedom, New Day for Children (New Day), Freeing American Children from Exploitation and Sexual Slavery (F.A.C.ESS. ot FACESS), and Phillip (Phil) Ludwig (collectively, “Defendants) are operating facilities and/or programs in the County of Shasta, State of California, and participated in or are legally responsible for the acts described in this Complaint. Phillip (Phil) Ludwig is the Chief Executive Officer (CEO), Chief Financial Officer (CFO), President, agent andjor partner for Teen Rescue dba RVCA, FACESS and Together Freedom. 3. Plaintiffs informed and believes that each defendant designated as a “DOE” participated in or is legally responsible for the acts described in this Complaint. The identities and exact capacities of defendants DOES 1 through 20, whether individual, corporate, associate, or otherwise, are presently unknown to plaintiff, who therefore sues these defendants by such fictitious names. Plaintiff will amend this Complaint to set forth the true names and capacities of these defendants when the same have been ascertained, REGULATION OF CHILDREN’S RESIDENTIAL FACILITIES 4, The Department, by way of its Community Care Licensing Division (CCLD), is responsible for licensure, administration and enforcement of the laws and regulations governing “community care” facilities in the State of California, CCLD carries out the licensing, administration, and enforcement of laws ‘and regulations governing community care facilities on. behalf of the Department. The laws governing such facilities are found at Health and Safety Code. section 1500, et seq., otherwise known as the “California Community Care Facilities Act” (Act). 5. A community care facility is defined as “...any facility, place, or building that is maintained and operated to provide 24-hour non-medical residential care, day treatment, adult, day care, or foster family agency services for children, adults, or children and adults, including, 2 ‘COMPLAINT FOR INJUNCTIVE RELIEF AND OTHER EQUITABLE RELIEF RO tray ALR but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following: * “Residential facility” means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual «© “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 astructured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law. © “Private alternative boarding school” means a group home licensed by the department to operate a program pursuant to Section 1502.2 to provide youth with 24-hour residential care and supervision, which in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. ‘The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law. (Gee Health & Saf. Code, § 1502, subds. (a)(1), (13), (19).) 6. The Act was adopted to fill an “urgent need to establish a coordinated and comprehensive statewide service system of quality community care for the mentally il, developmentally and physically disabled, and children and adults who require care and services by a facility issued a license or special permit .. .” (Health & Saf. Code, § 1501, subd. (a).) Among various goals, it is the State’s intent to develop policies and programs that ensure that’ facilities providing community care—including group homes and private alternative boarding schools—are adequate, safe, and sanitary and that the legal and human rights of those receiving services are protected. (Health & Saf. Code, § 1501, subd. (b).) Accordingly, the licensing provisions of the Act seek to achieve these objectives and “to protect persons who cannot protect themselves from unscrupulous and negligent providers of services.” (Grimes v. Dept. of Social Services (1999) 70 Cal.App.4th 1065, 1070.) 7. Pursuant to Health and Safety Code section 1530, the Department adopted and published regulations implementing the Act. The regulations are found at California Code of Regulations, title 22, section 80000, et seq. WwW Mi 3 ‘COMPLAINT FOR INJUNCTIVE RELIEF AND OTHER EQUITABLE RELIEF