BILL NUMBER: AB 427 CHAPTERED 07/30/01 CHAPTER 125 FILED WITH SECRETARY OF STATE JULY 30, 2001 APPROVED BY GOVERNOR JULY 30, 2001 PASSED THE ASSEMBLY JULY 23, 2001 PASSED THE SENATE JULY 22, 2001 AMENDED IN SENATE JULY 20, 2001 AMENDED IN ASSEMBLY MAY 23, 2001 INTRODUCED BY Assembly Members Hertzberg, Migden, Cardenas, Aroner, Cardoza, Keeley, Liu, Shelley, Simitian, and Steinberg (Coauthors: Assembly Members Alquist, Calderon, Canciamilla, Cedillo, Chan, Chu, Cohn, Corbett, Diaz, Dutra, Goldberg, Horton, Kehoe, Koretz, Longville, Lowenthal, Nakano, Negrete McLeod, Oropeza, Reyes, Salinas, Thomson, Vargas, Washington, Wesson, and Wiggins) (Coauthors: Senators Alpert, Chesbro, McPherson, Ortiz, Perata, Romero, and Scott) FEBRUARY 20, 2001 An act to amend Section 1559.110 of the Health and Safety Code, to amend Sections 11400, 16522, and 16522.1 of, to add Sections 11403.1, 11403.2, 11403.3, 11403.4, and 16011 to, to repeal Section 16522.3 of, and to repeal Article 6 (commencing with Section 11460.1) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, relating to public social services, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 427, Hertzberg. Public social services. Existing law requires the State Department of Social Services to license community care facilities participating in transitional housing programs for children who are 17 or 18 years of age or who, although older, are completing high school or the equivalent level of vocational or technical training. Existing law provides that a transitional housing facility that serves only youth over 18 years of age who have emancipated from the foster care system shall not be subject to those licensing requirements if the facility has been certified to provide transitional housing by the appropriate county social services or probation department, and has obtained a local fire clearance. This bill would revise the certification standards, and includes those certified facilities within the scope of transitional housing facilities. The bill would extend the scope of the class of children who may be provided transitional housing. The bill would also revise the requirements for being licensed as a transitional housing facility. Existing law requires that the State Department of Social Services shall develop a ratesetting system for licensed community care facilities participating in transitional housing placement programs and sets parameters for the rates. This bill would revise the method of determining the rate for community care facilities participating in transitional housing placement programs. It would authorize the department to transfer specified funds in the Budget Act of 2001 which would be deposited in the Transitional Housing for Foster Youth Fund, created by this bill, which would be continuously appropriated for purposes of paying the state share of the cost relating to transitional housing services. This bill would also authorize Los Angeles County to pursue the development and evaluation of a pilot Internet-based health and education system for children in the foster care and probation system, and would provide for the statewide application of the system in certain circumstances. This bill would authorize the State Department of Social Services to implement applicable provisions of this bill through an all-county letter and to adopt regulations to implement applicable provisions of this bill no later than June 30, 2002. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1559.110 of the Health and Safety Code is amended to read: 1559.110. (a) Except as specified in subdivision (e), the State Department of Social Services shall license community care facilities participating in transitional housing placement programs, as designated in Sections 11400 and 16522 of the Welfare and Institutions Code. (b) Transitional housing placement programs shall provide supervised housing services to persons who are at least 16 years of age and not more than 18 years of age, except as provided in Section 11403 of the Welfare and Institutions Code, and who meet all of the following conditions: (1) Meet the requirements of Section 11401 of the Welfare and Institutions Code. (2) Are in out-of-home placement under the supervision of the county department of social services or the county probation department. (3) Are participating in, or have successfully completed, an independent living program. (c) A transitional housing placement program may also serve any person less than 21 years of age who is receiving aid under Section 11403.1 of the Welfare and Institutions Code. (d) Transitional housing placement program services shall include any of the following: (1) Programs in which one or more participants in the program live in an apartment, single-family dwelling, or condominium with an adult employee of the provider. (2) Programs in which a participant lives independently in an apartment, single-family dwelling, or condominium rented or leased by the provider located in a building in which one or more adult employees of the provider reside and provide supervision. (3) Programs in which a participant lives independently in an apartment, single-family dwelling, or condominium rented or leased by a provider under the supervision of the provider if the State Department of Social Services provides approval. (e) A transitional housing placement facility that serves only eligible youth over 18 years of age who have emancipated from the foster care system shall not be subject to subdivision (a), provided the facility has been certified to provide transitional housing services by the appropriate county social services or probation department, and has obtained a local fire clearance. No later than June 30, 2002, the department shall establish certification standards and procedures in consultation with the County Welfare Directors Association, the California Youth Connection, the county probation departments, and provider representatives. The certification standards shall include, but not be limited to, a criminal background check of transitional housing providers and staff. (f) (1) The department shall adopt regulations to govern transitional housing placement facilities licensed pursuant to this section. (2) The regulations shall be age-appropriate and recognize that youth who are about to emancipate from the foster care system should be subject to fewer restrictions than those who are younger. At a minimum, the regulations shall provide for both of the following: (A) Require programs that serve youth who are both in and out of the foster care system to have separate rules and program design, as appropriate, for these two groups of youth. (B) Allow youth who have emancipated from the foster care system to have the greatest amount of freedom possible in order to prepare them for self-sufficiency. SEC. 2. Section 11400 of the Welfare and Institutions Code is amended to read: 11400. For the purposes of this article, the following definitions shall apply: (a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)" means the aid provided on behalf of needy children in foster care under the terms of this division. (b) "Case plan" means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the child's needs. It shall also include the agency's plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the child's family, and the foster parents, in order to meet the child's needs while in foster care, and to reunify the child with the child's family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible. (c) "Certified family home" means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements. (d) "Family home" means the family residency of a licensee in which 24-hour care and supervision are provided for children. (e) "Small family home" means any residential facility, in the licensee's family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. (f) "Foster care" means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting. (g) "Foster family agency" means any individual or organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home. Private foster family agencies shall be organized and operated on a nonprofit basis. (h) "Group home" means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, that provides services in a group setting to children in need of care and supervision, as required by paragraph (1) of subdivision (a) of Section 1502 of the Health and Safety Code. (i) "Periodic review" means review of a child's status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the child's return home or establishment of alternative permanent placement. (j) "Permanency planning hearing" means a hearing conducted by the juvenile court in which the child's future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined. (k) "Placement and care" refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the child's placement; or to the responsibility designated to an individual by virtue of his or her being appointed the child's legal guardian. (l) "Preplacement preventive services" means services which are designed to help children remain with their families by preventing or eliminating the need for removal. (m) "Relative" means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words "great," "great-great," or "grand" or the spouse of any of these persons even if the marriage was terminated by death or dissolution. (n) "Voluntary placement" means an out-of-home placement of a child by (1) the county welfare department after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement; or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement. (o) "Voluntary placement agreement" means a written agreement between either the county welfare department, a licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following: (1) The legal status of the child. (2) The rights and obligations of the parents or guardians, the child, and the agency in which the child is placed. (p) "Original placement date" means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement. (q) "Transitional housing placement facility" means either of the following: (1) A community care facility licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code to provide transitional housing opportunities to persons at least 16 years old, and not more than 18 years old unless they satisfy the requirements of Section 11403, who are in out-of-home placement under the supervision of the county department of social services or the county probation department, and who are participating in an independent living program. (2) A facility certified to provide transitional housing services pursuant to subdivision (e) of Section 1559.110 of the Health and Safety Code. (r) "Transitional housing placement program" means a program that provides supervised housing opportunities to eligible youth pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4. SEC. 3. Section 11403.1 is added to the Welfare and Institutions Code, to read: 11403.1. (a) (1) The Legislature finds and declares that former foster youth are a vulnerable population at risk of homelessness, unemployment, welfare dependency, incarceration, and other adverse outcomes if they exit the foster care system unprepared to become self-sufficient. Unlike many young individuals 18 years of age who can depend on family for ongoing support while they complete postsecondary education or develop career opportunities, emancipating foster youth have their primary source of support, AFDC-Foster Care payments, terminated at 18 years of age and are then dependent on their own resources for self-support. Some foster youth are not able to complete high school or other education or training programs due to ongoing trauma from the parental abuse or neglect and gaps in their educational attainment stemming from the original removal and subsequent changes in placement. (2) Completion of an educational or training program is an essential, minimum skill needed by foster youth in order to be competitive in today's economy. (3) It is therefore the intent of the Legislature to create, for counties that opt to participate, the Supportive Transitional Emancipation Program (STEP) in which emancipated foster youth shall be eligible to receive support while participating in an educational or training program, or any activity consistent with their transitional independent living plan up to 21 years of age. (b) A person who meets all of the following conditions shall be eligible to receive aid under this section: (1) The person either was in foster care and emancipated upon reaching the age limitations specified in Section 11401 or received aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) and emancipated upon reaching the age limitations specified in Section 11363. (2) The person is participating in an educational or training program, or any activity consistent with his or her transitional independent living plan. (3) The person is under 21 years of age. (4) The person has emancipated from a county that is participating in the STEP program. (c) Aid under this section shall be provided pursuant to a transitional independent living plan mutually agreed upon by the emancipated foster youth and the county welfare or probation department or independent living program coordinator, which shall be reviewed annually. The youth participating in STEP has the responsibility to inform the county of changes to the conditions in the agreed-upon plan that affect payment of aid, including changes in address, living circumstances, and the educational or training program. (d) For purposes of this section "emancipated foster youth" means a person who meets the eligibility criteria in subdivision (b). (e) (1) In determining the amount of aid under this section, the rate provided to the youth shall be equivalent to the basic rate provided to a foster family home provider pursuant to Section 11461. (2) If the emancipated youth remains in placement, payment shall be made to the care provider, including a transitional housing placement program, at a rate equivalent to the basic rate provided to a foster family home provider pursuant to Section 11461. (f) Unless otherwise provided by federal law, receipt of aid under this section shall not be considered income either for purposes of eligibility for services provided in other federal or state programs, or for grants that may be provided by an institution of higher education, including, but not limited to, Cal Grants or other grants or fee waivers. (g) (1) Aid under this section shall be provided to eligible youth who have emancipated from a county that elects to participate under this section. (2) Each participating county welfare department shall notify all foster youth in that county, including those receiving Kin-GAP, ages 16 to 19 years, inclusive, of the existence of the program prescribed by this section. (h) The department shall seek any federal funds available for implementation of this section, including, but not limited to, funds available under Title IV of the Social Security Act (42 U.S.C. Sec. 601 et seq.). Implementation of this section shall not, however, be contingent upon receipt of any federal funding. The department shall seek any waiver from the Secretary of the United States Department of Health and Human Services that is necessary to implement this section. (i) Funding shall be subject to the sharing ratios specified in subdivision (c) of Section 15200. (j) This section shall be operative on January 1, 2002. SEC. 4. Section 11403.2 is added to the Welfare and Institutions Code, to read: 11403.2. (a) The following persons shall be eligible for transitional housing placement program services provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4: (1) Any minor at least 16 years of age and not more than 18 years of age, except as provided in Section 11403, who is eligible for AFDC-Foster Care benefits under this chapter and who meets the requirements in Section 16522.2. (2) Any person less than 21 years of age who is receiving aid under Section 11403.1, and has emancipated from a county that has elected to participate in a transitional housing placement program for youths who are at least 18 years of age and under 21 years of age, as described in subdivision (r) of Section 11400, provided he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. (b) Payment on behalf of an eligible person receiving transitional housing services shall be made to the transitional housing placement program pursuant to the conditions and limitations set forth in Section 11403.3. SEC. 5. Section 11403.3 is added to the Welfare and Institutions Code, to read: 11403.3. (a) (1) Subject to subdivision (b), a transitional housing placement program, as defined in Section 11400, that provides transitional housing services to an eligible youth in a facility licensed pursuant to subdivision (a) of Section 1559.110 of the Health and Safety Code, shall be paid a monthly rate that is 75 percent of the average foster care expenditures for foster youth 16 to 18 years of age, inclusive, in group home care in the county in which the program operates. (2) Subject to subdivision (c), a transitional housing placement program, as defined in Section 11400, that provides transitional housing services to an eligible youth in a facility certified pursuant to subdivision (e) of Section 1559.110 of the Health and Safety Code, shall be paid a monthly rate that is 70 percent of the average foster care expenditures for foster youth 16 to 18 years of age, inclusive, in group home care in the county in which the program operates. (b) Payment to a transitional housing placement program for transitional housing services provided to a person described in paragraph (1) of subdivision (a) of Section 11403.2 shall be subject to the following conditions: (1) An amount equal to the base rate, as defined in subdivision (d), shall be paid for transitional housing services provided. (2) Any additional amount payable pursuant to subdivision (a) shall be contingent on both of the following: (A) The availability of moneys in the Transitional Housing for Foster Youth Fund established in Section 11403.4 to pay the state share of cost of the additional amount. (B) Election by the county placing the youth in the transitional housing placement program to participate in the costs of the additional amount, pursuant to subdivision (g). (c) (1) Payment to a transitional housing placement program for transitional housing services provided to a person receiving aid under Section 11403.1 shall be subject to the following conditions: (A) An amount payable pursuant to Section 11403.1 shall be paid for transitional housing services provided. (B) Any additional amount payable pursuant to subdivision (a) to a transitional housing placement program for services provided to a person described in paragraph (2) of subdivision (a) of Section 11403.2 shall be paid contingent on both of the following: (i) The availability of moneys in the Transitional Housing for Foster Youth Fund established in Section 11403.4 to pay the state share of cost of the additional amount. (ii) Election by the county from which the person has emancipated to participate in the costs of the additional amount, pursuant to subdivision (g). (2) The department may limit new participants into transitional housing placement programs if costs for this subdivision are projected to exceed moneys available in the Transitional Housing for Foster Youth Fund established in Section 11403.4. (d) (1) As used in this section, "base rate" means the rate a transitional housing placement program was approved to receive on June 30, 2001. If a program commences operation after this date, the base rate shall be the rate the program would have received if it had been operational on June 30, 2001. (2) Notwithstanding subdivision (a), no transitional housing placement program with an approved rate on July 1, 2001, shall receive a lower rate than its base rate. (e) Any reductions in payments to a transitional housing placement program pursuant to the implementation of paragraph (2) of subdivision (b) or subparagraph (B) of paragraph (1) of subdivision (c) shall not preclude the program from acquiring from other sources, additional funding necessary to provide program services. (f) The department shall develop, implement, and maintain a ratesetting system schedule for transitional housing placement programs pursuant to subdivisions (a) to (d), inclusive. (g) Funding for the rates payable under this section shall be subject to the sharing ratios specified in subdivision (c) of Section 15200. SEC. 6. Section 11403.4 is added to the Welfare and Institutions Code, to read: 11403.4. (a) The Transitional Housing for Foster Youth Fund is hereby created in the State Treasury for the purposes specified in this section. (b) Except as otherwise limited by this section, the fund shall consist of all of the following: (1) All public moneys transferred into the fund. (2) Any interest that accrues on amounts in the fund. (c) All moneys in the fund shall be used for the purpose of costs incurred pursuant to paragraph (2) of subdivision (b) or subparagraph (B) of paragraph (1) of subdivision (c) of Section 11403.3. (d) Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated, without regard to fiscal years, for the purposes specified in subdivision (c). SEC. 7. Article 6 (commencing with Section 11460.1) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code is repealed. SEC. 8. Section 16011 is added to the Welfare and Institutions Code, to read: 16011. (a) Subject to the conditions prescribed by this section, Los Angeles County may pursue the development and evaluation of a pilot Internet-based health and education passport system. The system shall be known as the Passport System. The Passport System shall collect and maintain health and education records for foster children under the supervision of the county social services or probation department, as required by Section 16010. The Passport System shall initially be conducted as a limited pilot project in a subset of Los Angeles County, and upon successful evaluation, may be expanded statewide. (1) Los Angeles County shall be responsible for the planning, development, and implementation of the Passport System. Los Angeles County is responsible for the development of the advance planning document (APD) as prescribed by federal regulations, requesting funding consistent with the child welfare services program. The APD shall include, but not be limited to, the design of an interface between the web-based Passport System and the Child Welfare Services/Case Management System (CWS/CMS) so that information entered into the Passport System shall automatically and permanently reside in the CWS/CMS. In addition, the APD shall include the scope of the pilot project, the evaluation plan pursuant to subdivisions (b) and (d), and the county shall address a plan for compliance with pertinent provisions in state and federal law requiring that privacy of confidential information be maintained. (2) The department shall review and, upon approval by the appropriate state agencies, shall transmit the APD to the federal Department of Health and Human Services. The department shall facilitate assistance as appropriate to gain federal approval of the APD. Implementation of the pilot system shall be contingent upon federal approval of the APD and of the request for federal funding consistent with the child welfare services program. It shall also be contingent upon assurance by the United States Secretary of Health and Human Services that the federal funding for the CWS/CMS shall not be adversely impacted by the development and implementation of the Passport System. If the department is unable to gain federal approval of the pilot project by January 1, 2003, authorization for the pilot project established by this section shall cease. (3) The Passport System shall provide real-time access to health, mental health, and educational information by health and mental health care providers, educators, licensed or approved foster care givers, and local agency staff in order to improve the accuracy and reliability of information necessary to ensure receipt of appropriate services for children in foster care, to improve health and educational outcomes, and to reduce and eliminate the risk of inadequate treatment by service providers, multiple immunizations, other severe health and education problems, and death. (4) The Passport System shall meet all the operational and administrative needs of local participating agencies; be scalable and flexible to interface with and integrate data from multiple Los Angeles County and other county departments and state agencies that provide services to children, using data matching algorithms that provide a high level of confidence and reliability; maximize the use and availability of information in a secured and reliable environment; allow relevant county staff, health, mental health, education providers, and licensed or approved foster care givers to update or view appropriate data through a web-enabled application via the Internet; contain fire walls and safeguards to ensure that only authorized persons inquire and update only those cases which they have been authorized to access; and to ensure the integrity and confidentiality of the system. (b) Prior to commencement of the pilot project, Los Angeles County, in consultation with the department, shall develop a pilot evaluation plan subject to approval by the department and the United States Secretary of Health and Human Services. The plan shall include, but is not limited to, identification of measurable objectives, and benefits that the pilot project is expected to achieve, the methodology, and plan criteria for evaluating the pilot project. (c) The pilot plan shall include a strategy to incentivize health, mental health, and educational providers servicing foster children to utilize and update the Internet-based system. (d) Implementation of the interface between the Internet-based Passport System and the CWS/CMS shall be contingent upon approval of federal reimbursement consistent with the child welfare services program. Funding shall be subject to the sharing ratios that apply to the administration of child welfare services programs. Any funds appropriated for this purpose not expended in the 2001-02 fiscal year shall be available for the purposes of this section as expenditure in subsequent years. After one year of operation of the pilot project, Los Angeles County shall complete a pilot evaluation as described in the pilot evaluation plan. The results of the evaluation shall be provided to the chairpersons of the fiscal and policy committees of each house of the Legislature, the Chairperson of the Joint Legislative Budget Committee, and the Department of Finance. SEC. 9. Section 16522 of the Welfare and Institutions Code is amended to read: 16522. (a) The State Department of Social Services shall adopt regulations to govern county transitional housing placement programs that provide supervised housing services to persons at least 16 years of age and not more than 18 years of age, except as provided in Section 11403, and who meet all of the following conditions: (1) Meet the requirements of Section 11401. (2) Are in out-of-home placement under the supervision of the county department of social services or the county probation department. (3) Are participating in, or have successfully completed an independent living program. (b) A transitional housing program may also serve any person under 21 years of age who is receiving aid under Section 11403.1. (c) The department may structure statewide implementation of transitional housing placement programs on a phased-in basis. (d) Transitional housing placement program services shall include any of the following: (1) Programs in which one or more participants in the program live in an apartment, single-family dwelling, or condominium with an adult employee of the provider. (2) Programs in which a participant lives independently in an apartment, single-family dwelling, or condominium rented or leased by the provider located in a building in which one or more adult employees of the provider reside and provide supervision. (3) Programs in which a participant lives independently in an apartment, single-family dwelling, or condominium rented or leased by a provider under the supervision of the provider if the State Department of Social Services provides approval. (e) The regulations shall be age-appropriate and recognize that youth who are about to emancipate from the foster care system should be subject to fewer restrictions than those who are younger. At a minimum, the regulations shall provide for both of the following: (1) Require programs that serve youth who are both in and out of the foster care system to have separate rules and program design, as appropriate, for these two groups of youth. (2) Allow youth who have emancipated from the foster care system to have the greatest amount of freedom possible in order to prepare them for self-sufficiency. SEC. 10. Section 16522.1 of the Welfare and Institutions Code is amended to read: 16522.1. In order to be licensed pursuant to Section 1559.110 of the Health and Safety Code, an applicant shall obtain certification from the county department of social services or the county probation department that the facility program provides all of the following: (a) (1) Admission criteria for participants in the program, including, but not limited to, consideration of the applicant's age, previous placement history, delinquency history, history of drug or alcohol abuse, current strengths, level of education, mental health history, medical history, prospects for successful participation in the program, and work experience. Youth who are wards of the court described in Section 602 and youth receiving psychotropic medications shall be eligible for consideration to participate in the program, and shall not be automatically excluded due to these factors. (2) The department shall review the admission criteria to ensure that the criteria are sufficient to protect participants and that they do not discriminate on the basis of race, gender, sexual orientation, or disability. (b) Strict employment criteria that include a consideration of the employee's age, drug or alcohol history, and experience in working with persons in this age group. (c) A training program designed to educate employees who work directly with participants about the characteristics of persons in this age group placed in long-term care settings, and designed to ensure that these employees are able to adequately supervise and counsel participants and to provide them with training in independent living skills. (d) A detailed plan for monitoring the placement of persons under the licensee's care. (e) A contract between the participating person and the licensee that specifically sets out the requirements for each party, and in which the licensee and the participant agree to the requirements of this article. (f) An allowance to be provided to each participant in the program. In the case of a participant living independently, this allowance shall be sufficient for the participant to purchase food and other necessities. (g) A system for payment for utilities, telephone, and rent. (h) Policies regarding all of the following: (1) Education requirements. (2) Work expectations. (3) Savings requirements. (4) Personal safety. (5) Visitors including, but not limited to, visitation by the placement auditor pursuant to subdivision (d). (6) Emergencies. (7) Medical problems. (8) Disciplinary measures. (9) Child care. (10) Pregnancy. (11) Curfew. (12) Apartment cleanliness. (13) Use of utilities and telephone. (14) Budgeting. (15) Care of furnishings. (16) Decorating of apartments. (17) Cars. (18) Lending or borrowing money. (19) Unauthorized purchases. (20) Dating. (21) Grounds for termination that may include, but shall not be limited to, illegal activities or harboring runaways. (i) Apartment furnishings, and a policy on disposition of the furnishings when the participant completes the program. (j) Evaluation of the participant's progress in the program and reporting to the independent living program and to the department regarding that progress. (k) A linkage to the federal Job Training and Partnership Act (29 U.S.C. Sec. 1501 et seq.) program administered in the local area to provide employment training to eligible participants. SEC. 11. Section 16522.3 of the Welfare and Institutions Code is repealed. SEC. 12. The Legislature finds and declares that there is no mandate contained in this act that will result in costs incurred by a local agency for a new program or higher level of service that will require reimbursement pursuant to Section 6 of Article XIIIB of the California Constitution and Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 13. (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, through June 30, 2002, the State Department of Social Services may implement the applicable provisions of this act through an all-county letter or similar instructions from the director. (b) (1) The director shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this act no later than July 1, 2002. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (2) Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The initial regulations and the first readoption of the emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall each remain in effect for no more than 180 days. SEC. 14. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to make the necessary statutory changes to implement the Budget Act of 2001 at the earliest possible time, it is necessary that this act take effect immediately.