BILL NUMBER: AB 1790 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2014
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 18, 2014
An act to amend Section 8715 of, and to add Section 8715.5
to, the Family Code, and to amend Section 16125 of the Welfare
and Institutions Code, relating to foster children.
LEGISLATIVE COUNSEL'S DIGEST
AB 1790, as amended, Dickinson. Foster children: mental health
services.
Existing law provides for the Adoption Assistance Program,
administered by the State Department of Social Services, which
provides for the payment by the department and counties of cash
assistance to eligible families that adopt eligible children, and
bases the amount of the payment on the needs of the child and the
circumstances of the family. Under existing law, the department,
county adoption agency, or licensed adoption agency is required,
among other duties, to provide the prospective adoptive family with
information on the availability of mental health services through the
Medi-Cal program or other programs. Existing law provides that a
foster child whose adoption has become final and who is receiving or
is eligible to receive Adoption Assistance Program assistance,
including Medi-Cal, and whose foster care court supervision has been
terminated, shall be provided medically necessary specialty mental
health services by the local mental health plan in the county of
residence of his or her adoptive parents, as specified.
This bill would require the county mental health plan to
prioritize referrals of pre- and postadoptive or guardianship
families to specialty mental health services providers who are
adoption and permanency competent, as described , and
requires . The bill would require the department to
convene a stakeholder group to facilitate the development of a
process to approve curricula and determine criteria for trainers of
mental health professionals seeking to become adoption and permanency
competent. The bill would also require the county mental
health plan to attempt to ensure that an adequate number
take steps to increase the pool of adoption and
permanency competent specialty mental health providers who
are available to meet the needs of the children.
To the extent that it would impose new duties on counties in
connection with the provision of mental health services, this bill
would impose a state-mandated local program.
Existing law requires the department, county adoption agency, or
licensed adoption agency, whichever is a party to an adoption
petition, to submit a full report of the facts of the case to the
court.
This bill, commencing January 1, 2016, would require the
department, county adoption agency, or licensed adoption agency to
inform the prospective adoptive parents about the importance of
working with mental health providers who are competent in the
provision of adoption- and permanency-related mental health services,
and to indicate in the report whether this information has been
provided.
By requiring county adoption agencies to provide this information,
this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Despite the increase in the number of children achieving
permanence through adoption, placement of a child into a stable and
motivated family is not considered sufficient to compensate for
psychosocial problems related to prior trauma and chronic
maltreatment. As the number of adopted children with significant
developmental and emotional issues surrounding their adoption
experience has grown, the need has increased for child welfare
professionals and clinicians with an in-depth understanding of
adoption issues and the skills to work effectively with adoptive
persons and their families.
(2) Adoption issues are not typically included in the education of
psychologists and marriage and family therapists, and these issues
are given relatively limited attention in the training of graduate
level social workers. Many textbooks for counseling professionals
have limited coverage of adoption. As a result, most mental health
practitioners and many child welfare professionals lack knowledge
about adoption and the issues that are unique to adoptive families.
Many mental health professionals, for example, are unaware of the
potential impact of adoption on clients. Given the absence of
education on adoption issues, it is not surprising that many
counselors report feeling unprepared to deal with adoption related
issues in their practice.
(3) The interest in developing specialized clinical training in
adoption has evolved over two decades as a result of the high demand
for postadoption services by families and the lack of local mental
health and post permanency supports that address the needs of
adoptive families.
(4) Adoption competence begins with a solid foundation of
knowledge and clinical skills gained through an approved graduate
program in psychiatry, psychology, social work, marriage and family
therapy, or counseling. Meeting the needs of individuals and families
touched by adoption also requires specialized training in
assessment, diagnosis, and intervention. At each phase of the
clinical process, therapists must be attuned to the complex array of
historical and contemporary factors impacting the lives of their
clients and, specifically, to the ways in which the adoption
experience can influence their identity, relationships, and
development.
(b) It is the intent of the Legislature in enacting this act to
increase stability of adoptive and guardianship families by
increasing the pool of adoption and permanency competent mental
health professionals.
SEC. 2. Section 8715 of the Family Code
is amended to read:
8715. (a) The department, county adoption agency, or licensed
adoption agency, whichever is a party to, or joins in, the petition,
shall submit a full report of the facts of the case to the court.
(b) If the child has been adjudged to be a dependent of the
juvenile court pursuant to Section 300 of the Welfare and
Institutions Code, and has thereafter been freed for adoption by the
juvenile court, the report required by this section shall describe
whether the requirements of subdivision (e) of Section 16002 of the
Welfare and Institutions Code have been completed and what, if any,
plan exists for facilitation of postadoptive contact between the
child who is the subject of the adoption petition and his or her
siblings and half siblings.
(c) If a petition for adoption has been filed with a postadoption
contact agreement pursuant to Section 8616.5, the report shall
address whether the postadoption contact agreement has been entered
into voluntarily, and whether it is in the best interests of the
child who is the subject of the petition.
(d) Commencing January 1, 2016, the report required by this
section shall describe whether the prospective adoptive parents have
been provided with the information required by Section 8715.5.
(d)
(e) The department may also submit a report in those
cases in which a county adoption agency, or licensed adoption agency
is a party or joins in the adoption petition.
(e)
(f) If a petitioner is a resident of a state other than
California, an updated and current homestudy report, conducted and
approved by a licensed adoption agency or other authorized resource
in the state in which the petitioner resides, shall be reviewed and
endorsed by the department, county adoption agency, or licensed
adoption agency, if the standards and criteria established for a
homestudy report in the other state are substantially commensurate
with the homestudy standards and criteria established in California
adoption regulations.
SEC. 3. Section 8715.5 is added to the
Family Code , to read:
8715.5. (a) Prior to the finalization of an adoption, the
department, county adoption agency, or licensed adoption agency shall
inform the adoptive parents about the importance of working with
mental health providers who are competent in the provision of
adoption- and permanency-related mental health services, should they
require those services in the future. This information shall include
the competency criteria set forth in subdivision (d) of Section 16125
of the Welfare and Institutions Code.
(b) This section shall become operative on January 1, 2016.
SEC. 2. SEC. 4. Section 16125 of the
Welfare and Institutions Code is amended to read:
16125. A foster child whose adoption has become final, who is
receiving or is eligible to receive Adoption Assistance Program
assistance, including Medi-Cal, and whose foster care court
supervision has been terminated, shall be provided medically
necessary specialty mental health services by the local mental health
plan in the county of residence of his or her adoptive parents,
pursuant to all of the following:
(a) The host county mental health plan shall be responsible for
submitting the treatment authorization request (TAR) to the mental
health plan in the county of origin.
(b) The requesting public or private service provider shall
prepare the TAR.
(c) The county of origin shall retain responsibility for
authorization and reauthorization of services utilizing an expedited
TAR process.
(d) The county mental health plan shall prioritize referrals of
pre- and postadoptive or guardianship families to specialty mental
health services providers who are adoption and permanency competent.
(1) A mental health professional shall be considered adoption and
permanency competent if the following requirements are met:
(A) The mental health professional has completed the requisite
education and obtained all necessary licenses otherwise required by
law.
(B) The mental health professional has completed a minimum of 48
hours of adoption and permanency competency training from an
evidence-informed curriculum that shows empirical support for the
impact of training on recipients' knowledge and adoption practice.
Topics covered in the curricula shall include, at a minimum, all of
the following:
(i) Separation, grief, and loss.
(ii) Attachment.
(iii) Trauma and brain development.
(iv) Identity formation.
(v) Openness in adoption.
(vi) Impact of pre- or postnatal exposure to drugs and alcohol.
(vii) Adoptive family formation, integration, and developmental
stages.
(viii) Family constellation challenges in adoption, including the
birth family and the adoptive family.
(ix) Race, ethnicity, sexual orientation, gender identity, and
cultural competence.
(x) Tools for skilled practice.
(xi) Tools for adoptive parents, including, but not limited to,
decoding behaviors, how to mitigate impacts of trauma, and
recognizing behavioral and emotional challenges in context of life
histories.
(C) A family-based, strength-based, and evidence-based approach to
working with adoptive families and birth families.
(D) A developmental and systemic approach to understanding and
working with adoptive and birth families.
(E) Demonstrated knowledge, clinical skills, and experience in
treating individuals with a history of abuse, neglect, or trauma.
(F) Demonstrated knowledge, clinical skills, and experience in
working with adoptive families and birth families.
(2) County mental health plans shall attempt to ensure
that an adequate number take steps to increase the
pool of adoption and permanency competent specialty mental
health providers who are available to meet the needs of
children formerly in foster care who have been adopted or are with
guardianship families.
(3) The department shall convene a stakeholder group as
appropriate to facilitate the development of a process to approve
curricula and determine criteria for trainers. The stakeholder group
shall also facilitate the establishment of a process by which mental
health practitioners with adoption and permanency competency comply
with the requirements specified in paragraph (1).
SEC. 3. SEC. 5. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.