Amended in Senate July 7, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 21, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 403

Introduced by Assembly Member Mark Stone

(Coauthor: Senator Beall)

February 19, 2015

An act to amend Sections 7911, 7911.1, and 7912 of the Family Code, to amend Section 6276.38 of the Government Code, to amend Sections 1502, 1507.25, 1520.1, 1522.2, 1522.4, 1522.41, 1522.43, 1524.6, begin insert 1525.5, end insert 1530.7, 1530.8, 1531.1, 1531.15, 1534, 1536, 1538.3, 1538.5, 1538.6, 1538.7, 1548, 1562, 1562.35, 1563, and 1567.4 of, to amend, repeal, and add Sections 1502.4 and 1529.2 of, to add Sections begin delete 1506.1 end delete begin insert 1506.1, 1517, end insert and 1562.01 to, and to add and repeal Section 1502.45 of, the Health and Safety Code, to amend Sections 11105.2 and 11105.3 of the Penal Code, and to amend Sections begin delete 361.2, end delete 706.6, 727, 727.1, 4094.2, 11400, 11403.2, 11460, 11461.2, 11465, 11466.21, 11466.22, 11466.25, 11466.3, 11466.31, 11466.32, 11466.33, 11466.34, 11466.35, 11466.36, 11466.5, 11466.6, 11468, 16000, 16501, 16501.1, 16519.5, and 18251 of, to amend and repeal Section 16003 of, to amend, repeal, and add Sections begin insert 361.2, end insert 4096, 4096.5, 11402, 11462, 11462.01, 11462.02, 11462.04, 11463, and 18254 of, to add Sections 827.11, 831, begin insert 11462.022, end insert 11466, 16519.52, 16519.53, 16519.54, begin delete and 16519.55 end delete begin insert 16519.55, and 16519.6 end insert to, and to add and repeal Sections 4096.1, 4096.55, 11402.01, 11462.001, 11462.015, 11462.021, 11463.01, and 11463.1 of, the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 403, as amended, Mark Stone. Public social services: foster care placement: funding.

Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.

Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.

This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.

The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care.

begin insert

The bill would require, on and after January 1, 2017, all licensed foster family agencies to approve resource families, in lieu of certifying foster homes, in accordance with specified standards and requirements set forth in the bill.

end insert begin insert

The bill would require the State Department of Social Services to provide periodic progress updates to the Legislature on the implementation of the provisions of the bill. The bill would also include a statement of legislative intent.

end insert

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

It is the intent of the Legislature in adopting this
act to improve California’s child welfare system and its outcomes
by using comprehensive initial child assessments, increasing the
use of home-based family care and the provision of services and
supports to home-based family care, reducing the use of congregate
care placement settings, and creating faster paths to permanency
resulting in shorter durations of involvement in the child welfare
and juvenile justice systems. These changes, along with other
provisions in this act, require initial investments in the child welfare
system. When implemented, the act will reduce overall costs to
local agencies and allow local savings to be reinvested in child
welfare. The Legislature therefore intends that funding beginning
with the 2015-16 fiscal year for the initial implementation of this
act be short term. Because the act will result in overall fiscal
savings to local agencies, the act shall not have the overall effect
of increasing the costs already borne by a local agency for programs
or levels of service mandated by the 2011 Public Safety
Realignment. The act therefore will not require the state to provide
annual funding described in Section 36 of Article XIII of the
California Constitution after the state provides short-term funding
for local agencies’ initial implementation of the act.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

It is the intent of the Legislature in adopting this
act to improve California’s child welfare system and its outcomes
by using comprehensive initial child assessments, increasing the
use of home-based family care and the provision of services and
supports to home-based family care, reducing the use of congregate
care placement settings, and creating faster paths to permanency
resulting in shorter durations of involvement in the child welfare
and juvenile justice systems. These changes, along with other
provisions in this act, require initial investments in the child
welfare system. It is expected that this act, and the initial short-term
funding provided by the state to local agencies to implement this
act, will reduce overall costs to local agencies and allow local
savings to be reinvested in child welfare services. When overall
costs to a local agency are reduced, annual funding by the state
to the local agency will only be provided as described in Section
36 of Article XIII of the California Constitution.

end insert

SEC. 2.  

Section 7911 of the Family Code is amended to read:

7911.  

The Legislature finds and declares all of the following:

(a) The health and safety of California children placed by a
county social services agency or probation department out of state
pursuant to the provisions of the Interstate Compact on the
Placement of Children are a matter of statewide concern.

(b) The Legislature therefore affirms its intention that the State
Department of Social Services has full authority to require an
assessment and placement recommendation by a county
multidisciplinary team prior to placement of a child in an
out-of-state group home, to investigate allegations of child abuse
or neglect of minors so placed, and to ensure that out-of-state group
homes, accepting California children, meet all California group
home licensing standards.

(c) The Legislature also affirms its intention that, on and after
January 1, 2017, the licensing standards applicable to out-of-state
group homes certified by the department shall be those required
of short-term residential treatment centers operated in this state.

(d) This section is declaratory of existing law with respect to
the Governor’s designation of the State Department of Social
Services to act as the compact administrator and of that department
to act as the single state agency charged with supervision of public
social services under Section 10600 of the Welfare and Institutions
Code.

SEC. 3.  

Section 7911.1 of the Family Code is amended to read:

7911.1.  

(a) Notwithstanding any other law, the State
Department of Social Services or its designee shall investigate any
threat to the health and safety of children placed by a California
county social services agency or probation department in an
out-of-state group home pursuant to the provisions of the Interstate
Compact on the Placement of Children. This authority shall include
the authority to interview children or staff in private or review
their file at the out-of-state facility or wherever the child or files
may be at the time of the investigation. Notwithstanding any other
law, the State Department of Social Services or its designee shall
require certified out-of-state group homes to comply with the
reporting requirements applicable to group homes licensed in
California pursuant to Title 22 of the California Code of
Regulations for each child in care regardless of whether he or she
is a California placement, by submitting a copy of the required
reports to the Compact Administrator within regulatory timeframes.
The Compact Administrator within one business day of receiving
a serious events report shall verbally notify the appropriate
placement agencies and within five working days of receiving a
written report from the out-of-state group home, forward a copy
of the written report to the appropriate placement agencies.

(b) Any contract, memorandum of understanding, or agreement
entered into pursuant to paragraph (b) of Article 5 of the Interstate
Compact on the Placement of Children regarding the placement
of a child out of state by a California county social services agency
or probation department shall include the language set forth in
subdivision (a).

(c) (1) The State Department of Social Services or its designee
shall perform initial and continuing inspection of out-of-state group
homes in order to either certify that the out-of-state group home
meets all licensure standards required of group homes operated in
California or that the department has granted a waiver to a specific
licensing standard upon a finding that there exists no adverse
impact to health and safety.

(2) On and after January 1, 2017, the licensing standards
applicable to out-of-state group homes certified by the department,
as described in paragraph (1) shall be those required of short-term
residential treatment centers operated in this state.

(3) (A) Except as provided in subparagraph (B), on and after
January 1, 2017, an out-of-state group home program shall have
both of the following credentials in order to receive an AFDC-FC
rate:

(i) An accreditation from a nationally recognized accrediting
entity identified by the State Department of Social Services
pursuant to the process described in paragraph (4) of subdivision
(b) of Section 11462 of the Welfare and Institutions Code.
begin insert Notwithstanding this paragraph, the department may grant a
provisional rate to an out-of-state group home program if the
program meets the requirements of subdivision (g) of Section 11402
of the Welfare and Institutions Code. end insert

(ii) A mental health certification equivalent to that required in
Section 11462.01 of the Welfare and Institutions Code.

(B) If an out-of-state group home program is granted an
extension pursuant to the exception process described in
subdivision (d) of Section 11462.04 of the Welfare and Institutions
Code, this paragraph shall apply to that group home on and after
January 1, 2018.

(4) Any failure by an out-of-state group home facility to make
children or staff available as required by subdivision (a) for a
private interview or make files available for review shall be
grounds to deny or discontinue the certification. The State
Department of Social Services shall grant or deny an initial
certification or a waiver under this subdivision to an out-of-state
group home facility that has more than six California children
placed by a county social services agency or probation department
by August 19, 1999. The department shall grant or deny an initial
certification or a waiver under this subdivision to an out-of-state
group home facility that has six or fewer California children placed
by a county social services agency or probation department by
February 19, 2000. Certifications made pursuant to this subdivision
shall be reviewed annually.

(d) Within six months of the effective date of this section, a
county shall be required to obtain an assessment and placement
recommendation by a county multidisciplinary team for each child
in an out-of-state group home facility. On or after March 1, 1999,
a county shall be required to obtain an assessment and placement
recommendation by a county multidisciplinary team prior to
placement of a child in an out-of-state group home facility.

(e) Any failure by an out-of-state group home to obtain or
maintain its certification as required by subdivision (c) shall
preclude the use of any public funds, whether county, state, or
federal, in the payment for the placement of any child in that
out-of-state group home, pursuant to the Interstate Compact on
the Placement of Children.

(f) (1) A multidisciplinary team shall consist of participating
members from county social services, county mental health, county
probation, county superintendents of schools, and other members
as determined by the county.

(2) Participants shall have knowledge or experience in the
prevention, identification, and treatment of child abuse and neglect
cases, and shall be qualified to recommend a broad range of
services related to child abuse or neglect.

(g) (1) The department may deny, suspend, or discontinue the
certification of the out-of-state group home if the department makes
a finding that the group home is not operating in compliance with
the requirements of subdivision (c).

(2) Any judicial proceeding to contest the department’s
determination as to the status of the out-of-state group home
certificate shall be held in California pursuant to Section 1085 of
the Code of Civil Procedure.

(h) The certification requirements of this section shall not impact
placements of emotionally disturbed children made pursuant to an
individualized education program developed pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
et seq.) if the placement is not funded with federal or state foster
care funds.

(i) Only an out-of-state group home authorized by the Compact
Administrator to receive state funds for the placement by a county
social services agency or probation department of any child in that
out-of-state group home from the effective date of this section
shall be eligible for public funds pending the department’s
certification under this section.

SEC. 4.  

Section 7912 of the Family Code is amended to read:

7912.  

(a) The Legislature finds and declares that the health
and safety of children in out-of-state group home care pursuant to
the Interstate Compact on the Placement of Children is a matter
of statewide concern. The Legislature therefore affirms its intention
that children placed by a county social services agency or probation
department in out-of-state group homes be accorded the same
personal rights and safeguards of a child placed in a California
group home. This section is in clarification of existing law.

(b) (1) The Compact Administrator may temporarily suspend
any new placements in an out-of-state group home, for a period
not to exceed 100 days, pending the completion of an investigation,
pursuant to subdivision (a) of Section 7911.1, regarding a threat
to the health and safety of children in care. During any suspension
period the department or its designee shall have staff daily onsite
at the out-of-state group home.

(2) On and after January 1, 2017, the licensing standards
applicable to out-of-state group homes certified by the State
Department of Social Services shall be those required of short-term
residential treatment centers operated in this state.

SEC. 5.  

Section 6276.38 of the Government Code is amended
to read:

6276.38.  

Radioactive materials, dissemination of information
about transportation of, Section 33002, Vehicle Code.

Railroad infrastructure protection program, disclosure not
required for risk assessments filed with the Public Utilities
Commission, the Director of Emergency Services, or the Office
of Emergency Services, Section 6254.23.

Real estate broker, annual report to Bureau of Real Estate of
financial information, confidentiality of, Section 10232.2, Business
and Professions Code.

Real property, acquisition by state or local government,
information relating to feasibility, subdivision (h), Section 6254.

Real property, change in ownership statement, confidentiality
of, Section 27280.

Records described in Section 1620 of the Penal Code.

Records of contract purchasers, inspection by public prohibited,
Section 85, Military and Veterans Code.

Records of persons committed to a state hospital pursuant to
Section 4135 of the Welfare and Institutions Code.

Registered public obligations, inspection of records of security
interests in, Section 5060.

Registration of exempt vehicles, nondisclosure of name of person
involved in alleged violation, Section 5003, Vehicle Code.

Rehabilitation, Department of, confidential information, Section
19016, Welfare and Institutions Code.

Reinsurance intermediary-broker license information,
confidentiality of, Section 1781.3, Insurance Code.

Relocation assistance, confidential records submitted to a public
entity by a business or farm operation, Section 7262.

Rent control ordinance, confidentiality of information concerning
accommodations sought to be withdrawn from, Section 7060.4.

Report of probation officer, inspection, copies, Section 1203.05,
Penal Code.

Repossession agency licensee application, confidentiality of
information, Sections 7503, 7504, and 7506.5, Business and
Professions Code.

Reproductive health facilities, disclosure not required for
personal information regarding employees, volunteers, board
members, owners, partners, officers, and contractors of a
reproductive health services facility who have provided requisite
notification, Section 6254.18.

Residence address in any record of Department of Housing and
Community Development, confidentiality of, Section 6254.1.

Residence address in any record of Department of Motor
Vehicles, confidentiality of, Section 6254.1, Government Code,
and Section 1808.21, Vehicle Code.

Residence and mailing addresses in records of Department of
Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.

Residential care facilities, confidentiality of resident information,
Section 1568.08, Health and Safety Code.

Residential care facilities for the elderly, confidentiality of client
information, Section 1569.315, Health and Safety Code.

Resource families, identifying information, Section 16519.55,
Welfare and Institutions Code.

Respiratory care practitioner, professional competency
examination reports, confidentiality of, Section 3756, Business
and Professions Code.

Restraint of trade, civil action by district attorney, confidential
memorandum, Section 16750, Business and Professions Code.

Reward by Governor for information leading to arrest and
conviction, confidentiality of person supplying information, Section
1547, Penal Code.

Safe surrender site, confidentiality of information pertaining to
a parent or individual surrendering a child, Section 1255.7, Health
and Safety Code.

SEC. 6.  

Section 1502 of the Health and Safety Code is amended
to read:

1502.  

As used in this chapter:

(a) “Community care facility” means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children,
and includes the following:

(1) “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.

(2) “Adult day program” means any community-based facility
or program that provides care to persons 18 years of age or older
in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.

(3) “Therapeutic day services facility” means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be
placed in foster care or who are returning to families from foster
care. Program standards for these facilities shall be developed by
the department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.

(4) “Foster family agency” means any public agency or private
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. Private foster family
agencies shall be organized and operated on a nonprofit basis.

(5) “Foster family home” means any residential facility
providing 24-hour care for six or fewer foster children that is
owned, leased, or rented and is the residence of the foster parent
or parents, including their family, in whose care the foster children
have been placed. The placement may be by a public or private
child placement agency or by a court order, or by voluntary
placement by a parent, parents, or guardian. It also means a foster
family home described in Section 1505.2.

(6) “Small family home” means any residential facility, in the
licensee’s family residence, that 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. A small family home may accept
children with special health care needs, pursuant to subdivision
(a) of Section 17710 of the Welfare and Institutions Code. In
addition to placing children with special health care needs, the
department may approve placement of children without special
health care needs, up to the licensed capacity.

(7) “Social rehabilitation facility” means any residential facility
that provides social rehabilitation services for no longer than 18
months in a group setting to adults recovering from mental illness
who temporarily need assistance, guidance, or counseling. Program
components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
2 of Division 5 of the Welfare and Institutions Code.

(8) “Community treatment facility” means any residential
facility that provides mental health treatment services to children
in a group setting and that has the capacity to provide secure
containment. Program components shall be subject to program
standards developed and enforced by the State Department of
Health Care Services pursuant to Section 4094 of the Welfare and
Institutions Code.

Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.

(9) “Full-service adoption agency” means any licensed entity
engaged in the business of providing adoption services, that does
all of the following:

(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.

(B) Assesses the birth parents, prospective adoptive parents, or
child.

(C) Places children for adoption.

(D) Supervises adoptive placements.

Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title
22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider,
in compliance with Subpart F (commencing with Section 96.29)
of Part 96 of Title 22 of the Code of Federal Regulations.

(10) “Noncustodial adoption agency” means any licensed entity
engaged in the business of providing adoption services, that does
all of the following:

(A) Assesses the prospective adoptive parents.

(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.

(C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.

Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency
shall be accredited and in good standing according to Part 96 of
Title 22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider,
in compliance with Subpart F (commencing with Section 96.29)
of Part 96 of Title 22 of the Code of Federal Regulations.

(11) “Transitional shelter care facility” means any group care
facility that provides 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. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.

(12) “Transitional housing placement provider” means an
organization licensed by the department pursuant to Section
1559.110 and Section 16522.1 of the Welfare and Institutions Code
to provide transitional housing to foster children at least 16 years
of age and not more than 18 years of age, and nonminor
dependents, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, to promote their transition to
adulthood. A transitional housing placement provider shall be
privately operated and organized on a nonprofit basis.

(13) “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 a structured environment. The
care and supervision provided by a group home shall be
nonmedical, except as otherwise permitted by law.

(14) “Runaway and homeless youth shelter” means a group
home licensed by the department to operate a program pursuant
to Section 1502.35 to provide voluntary, short-term, shelter and
personal services to runaway youth or homeless youth, as defined
in paragraph (2) of subdivision (a) of Section 1502.35.

(15) “Enhanced behavioral supports home” means a facility
certified by the State Department of Developmental Services
pursuant to Article 3.6 (commencing with Section 4684.80) of
Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
and licensed by the State Department of Social Services as an adult
residential facility or a group home that provides 24-hour
nonmedical care to individuals with developmental disabilities
who require enhanced behavioral supports, staffing, and
supervision in a homelike setting. An enhanced behavioral supports
home shall have a maximum capacity of four consumers, shall
conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
Regulations, and shall be eligible for federal Medicaid home- and
community-based services funding.

(16) “Community crisis home” means a facility certified by the
State Department of Developmental Services pursuant to Article
8 (commencing with Section 4698) of Chapter 6 of Division 4.5
of the Welfare and Institutions Code, and licensed by the State
Department of Social Services pursuant to Article 9.7 (commencing
with Section 1567.80), as an adult residential facility, providing
24-hour nonmedical care to individuals with developmental
disabilities receiving regional center service, in need of crisis
intervention services, and who would otherwise be at risk of
admission to the acute crisis center at Fairview Developmental
Center, Sonoma Developmental Center, an acute general hospital,
acute psychiatric hospital, an institution for mental disease, as
described in Part 5 (commencing with Section 5900) of Division
5 of the Welfare and Institutions Code, or an out-of-state
placement. A community crisis home shall have a maximum
capacity of eight consumers, as defined in subdivision (a) of
Section 1567.80, shall conform to Section 441.530(a)(1) of Title
42 of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home- and community-based services funding.

(17) “Crisis nursery” means a facility licensed by the department
to operate a program pursuant to Section 1516 to provide short-term
care and supervision for children under six years of age who are
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation.

(18) “Short-term residential treatment center” means a
residential facility licensed by the department pursuant to Section
1562.01 and operated by any public agency or private organization
that provides short-term, specialized, and intensive treatment,
including core services as set forth, on and after January 1, 2017,
in paragraph (1) of subdivision (b) of Section 11462 of the Welfare
and Institutions Code, and 24-hour care and supervision to children.
The care and supervision provided by a short-term residential
treatment center shall be nonmedical, except as otherwise permitted
by law.

(b) “Department” or “state department” means the State
Department of Social Services.

(c) “Director” means the Director of Social Services.

SEC. 7.  

Section 1502.4 of the Health and Safety Code is
amended to read:

1502.4.  

(a) (1) A community care facility licensed as a group
home for children pursuant to this chapter may accept for
placement, and provide care and supervision to, a child assessed
as having an emotional disturbance, as long as the child does not
need inpatient care in a licensed health facility.

(2) For the purpose of this chapter, the following definitions
shall apply:

(A) “Inpatient care in a licensed health facility” means care and
supervision at a level greater than incidental medical services as
specified in Section 1507.

(B) “Emotional disturbance” has the same meaning as that term
is defined in Section 300.8(c)(4)(i) of Title 34 of the Code of
Federal Regulations.

(b) If a child described in subdivision (a) is placed into a group
home program classified at rate classification level 13 or rate
classification level 14 pursuant to Section 11462.01 of the Welfare
and Institutions Code, the licensee shall meet both of the following
requirements:

(1) The licensee shall agree to accept, for placement into its
group home program, only children who have been assessed as
having an emotional disturbance by either of the following:

(A) An interagency placement committee, as described in
Section 4096 of the Welfare and Institutions Code or by a licensed
mental health professional, as defined in begin delete Sections 629 to 633,
inclusive, of Title 9 of the California Code of Regulations. end delete
begin insert subdivision (g) of Section 4096 of the Welfare and Institutions
Code. end insert

(B) A licensed mental health professional begin delete pursuant to paragraph
(3) of subdivision (i), or subdivision (j), of Section 11462.01 end delete begin insert as
defined in subdivision (g) of Section 4096 end insert of the Welfare and
Institutions Code if the child is privately placed or only county
funded.

(2) The program is certified by the State Department of Health
Care Services, pursuant to Section 4096.5 of the Welfare and
Institutions Code, as a program that provides mental health
treatment services for children assessed as having an emotional
disturbance.

(c) The department shall not evaluate, or have any responsibility
or liability with regard to the evaluation of, the mental health
treatment services provided pursuant to this section and paragraph
(3) of subdivision (f) of Section 11462.01 of the Welfare and
Institutions Code.

(d) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete

SEC. 8.  

Section 1502.4 is added to the Health and Safety Code,
to read:

1502.4.  

(a) A licensed short-term residential treatment center,
as defined in paragraph (18) of subdivision (a) of Section 1502,
may accept for placement children who do not require inpatient
care in a licensed health facility and who meet at least one of the
following conditions:

(1) A child who has been assessed as meeting the medical
necessity criteria for specialty mental health services under the
Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment
program, as the criteria are described in Section 1830.210 of Title
9 of the California Code of Regulations.

(2) A child assessed as having an emotional disturbance.

(3) A child who has been assessed as requiring the level of
services provided to maintain the safety of the child or others due
to behaviors that render the child or those around the child unsafe,
or that prevent the effective delivery of needed services and
supports provided in the children’s own homes or in other family
settings, such as with a relative, guardian, foster family, resource
family, or adoptive family. In certain circumstances, this may
include the following children:

(A) A commercially or sexually exploited child.

(B) A private voluntary placement, if the youth exhibits status
offender behavior and the parents or other relatives feel they cannot
control the child’s behavior and short term intervention is needed
to transition to the child back into the home.

(C) A juvenile sex offender.

(D) A child who is affiliated with or impacted by a gang.

(b) A licensed foster family agency, as defined in paragraph (4)
of subdivision (a) of Section 1502, that provides treatment services
may accept for placement children who do not require inpatient
care in a licensed health facility and who meet at least one of the
following conditions:

(1) A child who has been assessed as meeting the medical
necessity criteria for specialty mental health services under the
Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment
program, as the criteria are described in Section 1830.210 of Title
9 of the California Code of Regulations.

(2) A child assessed as having an emotional disturbance.

(3) A child who has been assessed as requiring the level of
services to meet his or her behavioral or therapeutic needs.

(c) An assessment described in paragraph (1) or (2) of
subdivision (a) or paragraph (1) or (2) of subdivision (b) shall be
made pursuant to subparagraphs (C) and (D) of paragraph (1) of
subdivision (a) of Section 11462.01 of the Welfare and Institutions
Code.

(d) For the purposes of this chapter, the following definitions
shall apply:

(1) “Inpatient care in a licensed health facility” means care and
supervision at a level greater than incidental medical services as
specified in Section 1507.

(2) “Emotional disturbance” has the same meaning as that term
is used in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations.

(e) The department shall not evaluate, nor have any
responsibility or liability with regard to the evaluation of, the
mental health treatment services provided pursuant to this section
and paragraph (3) of subdivision (f) of Section 11462.01 of the
Welfare and Institutions Code.

(f) This section shall become operative on January 1, 2017.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1502.4 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 1502.4. end insert   

(a) A licensed short-term residential treatment center,
as defined in paragraph (18) of subdivision (a) of Section 1502,
may accept for placement a child who does not require inpatient
care in a licensed health facility and who has been assessed
pursuant to Section 11462.01 of the Welfare and Institutions Code
as meeting the applicable criteria for placement in a short-term
residential treatment center.

(b) A licensed foster family agency, as defined in paragraph (4)
of subdivision (a) of Section 1502, may accept for placement a
child who does not require inpatient care in a licensed health
facility and who has been assessed pursuant to Section 11462.01
of the Welfare and Institutions Code as meeting the applicable
criteria for placement by a foster family agency.

(c) For the purposes of this chapter, the following definitions
shall apply:

(1) “Inpatient care in a licensed health facility” means care
and supervision at a level greater than incidental medical services
as specified in Section 1507.

(2) “Emotional disturbance” has the same meaning as that term
is used in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations.

(d) The department shall not evaluate, nor have any
responsibility or liability with regard to the evaluation of, the
mental health treatment services provided pursuant to this section
and paragraph (3) of subdivision (f) of Section 11462.01 of the
Welfare and Institutions Code.

(e) This section shall become operative on January 1, 2017.

end insert

SEC. 9.  

Section 1502.45 is added to the Health and Safety
Code, immediately following Section 1502.4, to read:

1502.45.  

(a) (1) Notwithstanding Section 1502.4, a community
care facility licensed as a group home for children pursuant to this
chapter may accept for placement, and provide care and supervision
to, a child assessed as having an emotional disturbance as long as
the child does not need inpatient care in a licensed health facility.

(2) For the purpose of this section, the following definitions
shall apply:

(A) “Inpatient care in a licensed health facility” means care and
supervision at a level greater than incidental medical services as
specified in Section 1507.

(B) “Emotional disturbance” has the same meaning as that term
is defined in Section 300.8(c)(4)(i) of Title 34 of the Code of
Federal Regulations.

(b) If a child described in subdivision (a) is placed into a group
home program classified at rate classification level 13 or rate
classification level 14 pursuant to Section 11462.015 of the Welfare
and Institutions Code, the licensee shall meet both of the following
requirements:

(1) The licensee shall agree to accept, for placement into its
group home program, children who have been assessed as having
an emotional disturbance by either of the following:

(A) An interagency placement committee, as described in
Section 4096.1 of the Welfare and Institutions Code or by a
licensed mental health professional, as defined in begin delete Sections 629 to
633, inclusive, of Title 9 of the California Code of Regulations. end delete
begin insert subdivision (g) of Section 4096 of the Welfare and Institutions
Code. end insert

(B) A licensed mental health professional begin delete pursuant to paragraph
(3) of subdivision (i), or subdivision (j), of Section 11462.015 end delete begin insert as
defined in subdivision (g) of Section 4096 end insert of the Welfare and
Institutions Code if the child is privately placed or only county
funded.

(2) The program is certified by the State Department of Health
Care Services, pursuant to Section 4096.55 of the Welfare and
Institutions Code, as a program that provides mental health
treatment services for children who have been assessed as having
an emotional disturbance.

(c) The department shall not evaluate, or have any responsibility
or liability with regard to the evaluation of, the mental health
treatment services provided pursuant to this section and paragraph
(3) of subdivision (f) of Section 11462.015 of the Welfare and
Institutions Code.

(d) This section shall only apply to a group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04 of the Welfare and
Institutions Code.

(e) This section shall become operative on January 1, 2017.

(f) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

SEC. 10.  

Section 1506.1 is added to the Health and Safety
Code, to read:

1506.1.  

(a) A foster family agency shall prepare and maintain
a current, written plan of operation as required by the department.

begin insert

(b) (1) On and after January 1, 2017, a foster family agency
shall have national accreditation from an entity identified by the
department pursuant to the process described in paragraph (8) of
subdivision (b) of Section 11463 of the Welfare and Institutions
Code.

end insert begin insert

(2) Notwithstanding paragraph (1), the department may issue
a provisional license to a foster family agency and may extend the
term of the provisional license in order for the foster family agency
to secure accreditation as set forth in subdivision (c) of Section
1525.5.

end insert begin delete

(b)

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert  On and after January 1, 2017, a foster family agency’s
plan of operation shall demonstrate the foster family agency’s
ability to support the differing needs of children and their families.

begin delete

(1)

end delete

begin insert (2) end insert  In addition to begin insert complying with end insert the rules and regulations
adopted pursuant to this chapter, a foster family agency’s plan of
operation shall begin delete contain a description of the core services and
supports, as set forth in paragraph (5) of subdivision (b) of Section
11463 of the Welfare and Institutions Code and as prescribed by
the department, to be offered to children and their families, as
appropriate or as necessary. end delete begin insert include a program statement. The
program statement shall contain a description of all of the
following: end insert

begin insert

(A) The core services and supports, as set forth in paragraph
(5) of subdivision (b) of Section 11463 of the Welfare and
Institutions Code, and as prescribed by the department, to be
offered to children and their families, as appropriate or as
necessary.

end insert begin delete

(2)

end delete

begin insert (B) end insert  The begin delete plan of operation shall identify whether the foster family
agency is providing treatment or nontreatment services, and shall
specifically describe the end delete treatment practices that will be used in
serving children and begin delete families in care. end delete begin insert families. end insert

begin insert

(C) A description of the services to be provided to meet the
treatment needs of the child as assessed pursuant to subdivision
(d) or (e) of Section 11462.01 of the Welfare and Institutions Code.

end insert begin delete

(3) The plan of operation shall describe how

end delete

begin insert (D) end insert begin insert   end insert begin insert How end insert the foster family agency will comply with the resource
family approval standards and requirements, as set forth in Section
16519.5 of the Welfare and Institutions Code.

begin delete

(4)

end delete

begin insert (E) end insert  In addition to the rules and regulations adopted pursuant to
this chapter, a county licensed to operate a foster family agency
shall describe, in the plan of operation, its conflict of interest
mitigation plan, on and after January 1, 2017, as set forth in
subdivision (g) of Section 11462.02 of the Welfare and Institutions
Code.

begin insert

(F) The foster family agency’s plan of operation shall
demonstrate the foster family agency’s ability to provide treatment
services to meet the individual needs of children placed in licensed,
approved, or certified relative and nonrelative foster families, as
specified in Section 11402 of the Welfare and Institutions Code.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The department shall have the authority to inspect a foster
family agency pursuant to the system of governmental monitoring
and oversight developed by the department on and after January
1, 2017, pursuant to subdivision (c) of Section 11463 of the
Welfare and Institutions Code.

begin delete

(d)

end delete

begin insert (e) end insert  (1) Upon request of a county, a foster family agency shall
submit its plan of operation to the county which it will primarily
serve. The county may review the plan of operation to determine
whether to issue a certification of all of the following:

(A) The program is needed by the county.

(B) The provider is capable of effectively and efficiently
operating the program.

(C) The provider is willing and able to accept placements who
need the level of care and services that will be provided by the
program.

(D) The plan of operation is suitable to meet the needs of the
identified population.

begin delete

(2) In its decision regarding issuance of an AFDC-FC rate, the
department may consider whether the county has made the
certification in paragraph (1).

(3)

end delete

begin insert (2) end insert  The department shall establish procedures for certification
pursuant to paragraph (1), in consultation with the County Welfare
Directors Association, Chief Probation Officers of California, and
other stakeholders, as appropriate.

SEC. 11.  

Section 1507.25 of the Health and Safety Code is
amended to read:

1507.25.  

(a) (1) Notwithstanding any other law, a person
described in paragraph (2), who is not a licensed health care
professional, but who is trained to administer injections by a
licensed health care professional practicing within his or her scope
of practice, may administer emergency medical assistance and
injections for severe diabetic hypoglycemia and anaphylactic shock
to a foster child in placement.

(2) The following individuals shall be authorized to administer
emergency medical assistance and injections in accordance with
this subdivision:

(A) A relative caregiver.

(B) A nonrelative extended family member.

(C) A foster family home parent.

(D) A member of a resource family, as defined in subdivision
(c) of Section 16519.5 of the Welfare and Institutions Code.

(E) A small family home parent.

(F) A certified parent of a foster family agency.

(G) A substitute caregiver of a foster family home or a certified
family home.

(H) A staff member of a small family home or a group home
who provides direct care and supervision to children and youth
residing in the small family home or group home.

(I) A staff member of a short-term residential treatment center
who provides direct care and supervision to children and youth
residing in the short-term residential treatment center.

(3) The licensed health care professional shall periodically
review, correct, or update training provided pursuant to this section
as he or she deems necessary and appropriate.

(b) (1) Notwithstanding any other law, a person described in
paragraph (2), who is not a licensed health care professional, but
who is trained to administer injections by a licensed health care
professional practicing within his or her scope of practice, may
administer subcutaneous injections of other medications, including
insulin, as prescribed by the child’s physician, to a foster child in
placement.

(2) The following individuals shall be authorized to give
prescribed injections including insulin in accordance with this
subdivision:

(A) A relative caregiver.

(B) A nonrelative extended family member.

(C) A foster family home parent.

(D) A member of a resource family, as defined in subdivision
(c) of Section 16519.5 of the Welfare and Institutions Code.

(E) A small family home parent.

(F) A certified parent of a foster family agency.

(G) In the absence of a foster parent, a designated substitute
caregiver in a foster family home or a certified family home.

(H) A direct care staff member of a short-term residential
treatment center who provides direct care and supervision to
children and youth residing in the short-term residential treatment
center.

(3) The licensed health care professional shall periodically
review, correct, or update training provided pursuant to this section
as he or she deems necessary and appropriate.

(c) For purposes of this section, administration of an insulin
injection shall include all necessary supportive activities related
to the preparation and administration of the injection, including
glucose testing and monitoring.

(d) Notwithstanding Part 5.5 (commencing with Section 17700)
of Division 9 of, and particularly subdivision (g) of Section 17710
of, the Welfare and Institutions Code, a child’s need to receive
injections pursuant to this section shall not be the sole basis for
determining that the child has a medical condition requiring
specialized in-home health care.

(e) This section does not supersede the requirements of Section
369.5 of the Welfare and Institutions Code, with respect to the
administration of psychotropic medication to a dependent child of
the court.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 1517 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 1517. end insert   

(a) (1) Pursuant to subdivision (a) of Section 16519.5
of the Welfare and Institutions Code, the State Department of
Social Services, shall implement a unified, family friendly, and
child-centered resource family approval process to replace the
existing multiple processes for licensing foster family homes,
approving relatives and nonrelative extended family members as
foster care providers, and approving adoptive families.

(2) For purposes of this section, a “resource family” means an
individual or couple that have successfully met both the home
approval standards and the permanency assessment criteria, as
set forth in Section 16519.5 of the Welfare and Institutions Code,
necessary for providing care for a related or unrelated child who
is under the jurisdiction of the juvenile court, or otherwise in the
care of a county child welfare agency or probation department.

(b) A foster family agency that is selected and authorized to
participate in early implementation of the resource family approval
program, pursuant to subdivision (r) of Section 16519.5 of the
Welfare and Institutions Code, shall comply with the provisions
of this section.

(1) Notwithstanding any other law, the foster family agency
shall require its applicants and resource families to meet the
resource family approval standards set forth in Section 16519.5
of the Welfare and Institutions Code, the written directives adopted
thereto, and other applicable laws prior to approval and in order
to maintain approval.

(2) The foster family agency shall be responsible for all of the
following:

(A) Complying with the applicable provisions of the Community
Care Facilities Act (commencing with Section 1500), the
regulations for foster family agencies, the resource family approval
standards and requirements set forth in Section 16519.5 of the
Welfare and Institutions Code, and the applicable written directives
adopted thereto as directed by the department.

(B) Implementing the requirements for the home approval and
permanency assessment and utilizing standardized documentation
established by the department.

(C) Ensuring staff have the education and experience necessary
to complete the home approval and permanency assessment
competently.

(D) Approving and denying resource family applications,
including all of the following:

(i) Rescinding resource family approvals when appropriate,
consistent with the established standard.

(ii) Providing to the department a log of resource families that
were approved or rescinded during the month by the 10th day of
the following month. For purposes of subdivision (d) of Section
1536, a certified family home includes a resource family approved
by the foster family agency pursuant to this section.

(iii) Updating resource family approval annually.

(E) Monitoring resource families through all of the following:

(i) Ensuring that social workers who identify a condition in the
home that may not meet the resource family approval standards
while in the course of a routine visit to children subsequently
placed with a resource family take appropriate action as needed.

(ii) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the foster family
agency or the department may rescind the approval of the resource
family in accordance with the written directives adopted pursuant
to Section 16519.5 of the Welfare and Institutions Code.

(iii) Requiring resource families to report to the foster family
agency any incidents as specified in the written directives adopted
pursuant to Section 16519.5 of the Welfare and Institutions Code.

(F) Performing corrective action as required by the department.

(G) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f) of Section 16519.5 of
the Welfare and Institutions Code.

(H) Ensuring resource family applicants and resource families
meet the training requirements set forth in paragraphs (12) to
(14), inclusive, of subdivision (g) of Section 16519.5 of the Welfare
and Institutions Code.

(3) In addition to subdivision (f) of Section 16519.5 of the
Welfare and Institutions Code, the State Department of Social
Services shall be responsible for investigating all complaints
against a resource family approved by the foster family agency
and taking any action it deems necessary. This shall include
investigating any incidents reported about a resource family
indicating that the approval standard is not being maintained.
Complaint investigations shall be conducted in accordance with
the written directives adopted pursuant to Section 16519.5 of the
Welfare and Institutions Code.

(A) The department may enter and inspect the home of a
resource family approved by the foster family agency to secure
compliance with the resource family approval standards,
investigate a complaint or incident, or ensure the quality of care
provided.

(4) Nothing in this section or Section 16519.5 of the Welfare
and Institutions Code limits the authority of the department to
inspect, evaluate, investigate a complaint or incident, or initiate
a disciplinary action against a foster family agency pursuant to
this chapter or to take any action it may deem necessary for the
health and safety of children placed with the foster family agency.

(c) For purposes of paragraph (3) of subdivision (b) of Section
1523.1, a certified family home includes a resource family
approved by the foster family agency pursuant to this section.

(d) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family agency shall require its applicants and
resource families to meet the approval standards and requirements
set forth in Section 16519.5 of the Welfare and Institutions Code,
the written directives adopted thereto, and other applicable laws
prior to approval and in order to maintain approval.

end insert

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

Section 1520.1 of the Health and Safety Code is
amended to read:

1520.1.  

In addition to Section 1520, applicants for a group
home or short-term residential treatment center license shall meet
the following requirements:

(a) (1) During the first 12 months of operation, the facility shall
operate with a provisional license. After eight months of operation,
the department shall conduct a comprehensive review of the facility
for compliance with all applicable laws and regulations and help
develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be
issued.

(2) If the department determines that the group home or
short-term residential treatment center is in substantial compliance
with licensing standards, notwithstanding Section 1525.5, the
department may extend the provisional license for up to an
additional six months for either of the following reasons:

(A) The group home or short-term residential treatment center
requires additional time to be in full compliance with licensing
standards.

(B) After 12 months of operation, the group home or short-term
residential treatment center is not operating at 50 percent of its
licensed capacity.

(3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.

begin insert

(4) At the time of its review pursuant to paragraph (3), the
department may extend the term of a provisional license for a
period not to exceed two years, only if it determines that this
additional time period is required to secure accreditation from an
entity identified by the department pursuant to the process
described in paragraph (4) of subdivision (b) of Section 11462
Welfare and Institutions Code and provided that all other
requirements for a license have been met.

end insert begin delete

(4)

end delete

begin insert (5) end insert  The department may deny a group home or short-term
residential treatment center license application at any time during
the term of the provisional license to protect the health and safety
of clients. If the department denies the application, the group home
or short-term residential treatment center shall cease operation
immediately. Continued operation of the facility after the
department denies the application or the provisional license expires
shall constitute unlicensed operation.

begin delete

(5)

end delete

begin insert (6) end insert  When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the
group home’s or short-term residential treatment center’s operation
may be filed.

begin insert

(b) An applicant for a short-term residential treatment center
license shall submit to the department a certification from the
county which it primarily serves as set forth in subdivision (c) of
Section 1562.01.

end insert begin delete

(b)

end delete

begin insert (c) end insert  (1) After the production of the booklet provided for in
paragraph (2), every member of the group home’s board of
directors or governing body and every member of a short-term
residential treatment center’s board of directors or governing body
shall, prior to becoming a member of the board of directors or
governing body sign a statement that he or she understands his or
her legal duties and obligations as a member of the board of
directors or governing body and that the group home’s or
short-term residential treatment center’s operation is governed by
laws and regulations that are enforced by the department, as set
forth in the booklet. The applicant, provisional licensee, and
licensee shall have this statement available for inspection by the
department. For members of the board of directors or governing
body when the booklet is produced, the licensee shall obtain this
statement by the next scheduled meeting of the board of directors
or governing body. Compliance with this paragraph shall be a
condition of licensure.

(2) The department shall distribute to every group home provider
and short-term residential treatment center provider, respectively,
detailed information designed to educate members of the group
home provider’s or short-term residential treatment center
provider’s board of directors or governing body of their roles and
responsibilities as members of a public benefit corporation under
the laws of this state. The information shall be included in a
booklet, may be revised as deemed necessary by the department,
and shall include, but not be limited to, all of the following:

(A) The financial responsibilities of a member of the board of
directors or governing body.

(B) Disclosure requirements for self-dealing transactions.

(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of member terms, voting procedures, board or
governing body meetings, quorums, minutes of meetings, and, as
provided for in subdivision begin delete (f), end delete begin insert (g), end insert member duties.

(D) A general overview of the laws and regulations governing
the group home’s or short-term residential treatment center’s
operation that are enforced by the department.

begin delete

(c)

end delete

begin insert (d) end insert  All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the facility,
including, but not limited to, employee timecards and timesheets,
shall be signed and dated by the employee and by the group home
representative or short-term residential treatment center
representative who is responsible for ensuring the accuracy of the
information contained in the record, and shall contain an
affirmative statement that the signatories understand that the
information contained in the document is correct to the best of
their knowledge and that submission of false or misleading
information may be prosecuted as a crime.

begin delete

(d)

end delete

begin insert (e) end insert  An applicant, provisional licensee, or licensee shall maintain,
submit, and sign financial documents to verify the legitimacy and
accuracy of these documents. These documents include, but are
not limited to, the group home or short-term residential treatment
center application, any financial documents and plans of corrections
submitted to the department, and time sheets.

begin delete

(e)

end delete

begin insert (f) end insert  (1) It is the intent of the Legislature that a group home or
short-term residential treatment center have either representatives
on its board of directors, as listed in paragraph (2), or a community
advisory board, that meets at least annually.

(2) The representatives on the board of directors or the
community advisory board members should consist of at least the
following persons:

(A) A member of the facility’s board of directors.

(B) Members of the community where the facility is located.

(C) Neighbors of the facility.

(D) Current or former clients of the facility.

(E) A representative from a local law enforcement or other city
or county representative.

begin delete

(f)

end delete

begin insert (g) end insert  Each group home or short-term residential treatment center
provider shall schedule and conduct quarterly meetings of its board
of directors or governing body. During these quarterly meetings,
the board of directors or governing body shall review and discuss
licensing reports, financial and program audit reports of its group
home or short-term residential treatment center operations, special
incident reports, and any administrative action against the licensee
or its employees. The minutes shall reflect the board’s or governing
body’s discussion of these documents and the group home’s or
short-term residential treatment center’s operation. The licensee
shall make available the minutes of group home’s or short-term
residential treatment center’s board of directors or governing body
meetings to the department.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

Section 1522.2 of the Health and Safety Code is
amended to read:

1522.2.  

If a local law enforcement agency, a probation officer,
or a local department or agency that provides social services
becomes aware that an employee of a community treatment facility,
a day treatment facility, a group home, a short-term residential
treatment center, or a foster family agency has been arrested for
child abuse, as defined in Section 11165.6 of the Penal Code, after
determining that the potential for abuse is present and that the
employee is free to return to the facility where children are present,
the local law enforcement agency, probation officer, or local
department or agency shall notify the licensee of the charge of
abuse.

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

Section 1522.4 of the Health and Safety Code is
amended to read:

1522.4.  

(a) In addition to any other requirements of this chapter
and except for foster family homes, small family homes, and
certified family homes of foster family agencies, all of the
following apply to any community care facility providing 24-hour
care for children:

(1) The facility shall have one or more facility managers.
“Facility manager,” as used in this section, means a person on the
premises with the authority and responsibility necessary to manage
and control the day-to-day operation of a community care facility
and supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility, this
person shall be limited to the administration and management of
only one facility.

(2) The facility manager shall have at least one year of
experience working with the client group served, or equivalent
education or experience, as determined by the department.

(3) A facility manager shall be at the facility at all times when
one or more clients are present. To ensure adequate supervision
of clients when clients are at the facility outside of their normal
schedule, a current telephone number where the facility manager
can be reached shall be provided to the clients, licensing agency,
school, and any other agency or person as the department
determines is necessary. The facility manager shall instruct these
agencies and individuals to notify him or her when clients will be
returning to the facility outside of the normal hours.

(4) The Legislature intends to upgrade the quality of care in
licensed facilities. For the purposes of Sections 1533 and 1534,
the licensed facility shall be inspected and evaluated for quality
of care at least once each year, without advance notice and as often
as necessary, without advance notice, to ensure the quality of care
being provided.

Paragraphs (1), (2), and (3) shall apply only to new facilities
licensed for six or fewer children which apply for a license after
January 1, 1985, and all other new facilities licensed for seven or
more children which apply for a license after January 1, 1988.
Existing facilities licensed for seven or more children shall comply
by January 1, 1989.

(b) No employee of the state or county employed in the
administration of this chapter or employed in a position that is in
any way concerned with facilities licensed under this chapter shall
hold a license or have a direct or indirect financial interest in a
facility described in subdivision (a).

The department, by regulation, shall make the determination
pursuant to the purposes of this section and chapter, as to what
employment is in the administration of this chapter or in any way
concerned with facilities licensed under this chapter and what
financial interest is direct or indirect.

This subdivision does not prohibit the state or county from
securing a license for, or operating, a facility that is otherwise
required to be licensed under this chapter.

(c) (1) No group home, short-term residential treatment center,
or foster family agency licensee, or employee, member of the board
of directors, or officer of a group home, short-term residential
treatment center, or foster family agency licensee, shall offer gifts
or other remuneration of any type to any employee of the State
Department of Social Services or placement agency that exceeds
the monetary limits for gifts to employees of the State of California
pursuant to Title 9 (commencing with Section 81000) of the
Government Code and regulations adopted thereunder by the Fair
Political Practices Commission.

(2) No employee of the department or a placement agency shall
accept any gift or other remuneration of any type from a group
home, short-term residential treatment center, or foster family
agency licensee or employee, member of the board of directors,
or officer of a group home, short-term residential treatment center,
or foster family agency licensee that exceeds the monetary limits
for gifts to employees of the State of California in Title 9
(commencing with Section 81000) of the Government Code and
regulations adopted thereunder by the Fair Political Practices
Commission.

(3) Violation of this subdivision is punishable as a misdemeanor.

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

Section 1522.41 of the Health and Safety Code is
amended to read:

1522.41.  

(a) (1) The department, in consultation and
collaboration with county placement officials, group home provider
organizations, the Director of Health Care Services, and the
Director of Developmental Services, shall develop and establish
an administrator certification training program to ensure that
administrators of group home facilities have appropriate training
to provide the care and services for which a license or certificate
is issued.

(2) The department shall develop and establish an administrator
certification training program to ensure that administrators of
short-term residential treatment center facilities have appropriate
training to provide the care and services for which a license or
certificate is issued.

(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home or
short-term residential treatment center shall successfully complete
a begin insert specified end insert department-approved training certification program,
pursuant to subdivision (c), prior to employment. begin delete An administrator
employed in a group home or short-term residential treatment
center shall meet the requirements of paragraph (2) of subdivision
(c). end delete

(2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.

(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.

(4) The licensee shall notify the department within 10 days of
any change in administrators.

(c) (1) The administrator certification programs begin insert for group homes end insert
shall require a minimum of 40 hours of classroom instruction that
provides training on a uniform core of knowledge in each of the
following areas:

(A) Laws, regulations, and policies and procedural standards
that impact the operations of the type of facility for which the
applicant will be an administrator.

(B) Business operations.

(C) Management and supervision of staff.

(D) Psychosocial and educational needs of the facility residents.

(E) Community and support services.

(F) Physical needs for facility residents.

(G)  begin delete Administration, end delete begin insert Assistance with self-administration, end insert storage,
misuse, and interaction of medication used by facility residents.

(H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the
basis of actual or perceived race, ethnic group identification,
ancestry, national origin, color, religion, sex, sexual orientation,
gender identity, mental or physical disability, or HIV status.

(I) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(J) Nonviolent emergency intervention and reporting
requirements.

(K) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment- and violence-free school environment contained in
begin delete the School Safety and Violence Prevention Act (Article end delete begin insert Article end insert
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education begin delete Code). end delete begin insert Code. end insert

begin delete

(2) The department shall adopt separate program requirements
for initial certification for persons who are employed as group
home administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section shall obtain a certificate by completing
the training and testing requirements imposed by the department
within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.

(3) The department shall adopt a separate administrator
certification training program for group home administrators who
desire to become short-term residential treatment center
administrators.

end delete begin insert

(2) The administrator certification programs for short-term
residential treatment centers shall require a minimum of 40 hours
of classroom instruction that provides training on a uniform core
of knowledge in each of the following areas:

end insert begin insert

(A) Laws, regulations, and policies and procedural standards
that impact the operations of the type of facility for which the
applicant will be an administrator.

end insert begin insert

(B) Business operations and management and supervision of
staff, including staff training.

end insert begin insert

(C) Physical and psychosocial needs of the children, including
behavior management, de-escalation techniques, and trauma
informed crisis management planning.

end insert begin insert

(D) Educational needs of the children.

end insert begin insert

(E) Community and support services, including accessing local
behavioral and mental health supports and interventions, as
appropriate.

end insert begin insert

(F) Authorization, uses, benefits, side effects, interactions,
assistance with self-administration, misuse, documentation, and
storage of medications, and metabolic monitoring of children using
medications.

end insert begin insert

(G) Admission retention, and assessment procedures, including
the right of a foster child to have fair and equal access to all
available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

end insert begin insert

(H) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care for children,
including, but not limited to, lesbian, gay, bisexual, and
transgender youth.

end insert begin insert

(I) Nonviolent emergency intervention and reporting
requirements.

end insert begin insert

(J) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment- and violence-free school environment contained in
Article 3.6 (commencing with Section 32228) of Chapter 2 of Part
19 of Division 1 of Title 1 of the Education Code.

end insert begin insert

(d) Administrators who possess a valid group home license,
issued by the department, are exempt from completing an approved
initial certification training program and taking a written test,
provided the individual completes 12 hours of classroom
instruction in the following uniform core of knowledge areas:

end insert begin insert

(1) Laws, regulations, and policies and procedural standards
that impact the operations of a short-term residential treatment
center.

end insert begin insert

(2) Authorization, uses, benefits, side effects, interactions,
assistance with self-administration, misuse, documentation, and
storage of medications, and metabolic monitoring of children using
medications.

end insert begin insert

(3) Admission, retention, and assessment procedures, including
the right of a foster child to have fair and equal access to all
available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

end insert begin insert

(4) Physical and psychosocial needs of the children, including
behavior management, de-escalation techniques, and trauma
informed crisis management planning.

end insert begin delete

(4)

end delete

begin insert (e) end insert  Individuals applying for administrator certification under
this section shall successfully complete an approved administrator
certification training program, pass a written test administered by
the department within 60 days of completing the program, and
submit to the department the documentation required by
subdivision begin delete (d) end delete begin insert (f) end insert within 30 days after being notified of having
passed the test. The department may extend these time deadlines
for good cause. The department shall notify the applicant of his
or her test results within 30 days of administering the test.

begin delete

(d)

end delete

begin insert (f) end insert  The department shall not begin the process of issuing a
certificate until receipt of all of the following:

(1) A certificate of completion of the administrator training
required pursuant to this chapter.

(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.

(3) Documentation from the applicant that he or she has passed
the written test.

(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have
a current clearance on file.

(5) That person is at least 21 years of age.

begin delete

(e)

end delete

begin insert (g) end insert  It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home or short-term residential treatment center. Any
person willfully making any false representation as being a certified
administrator or facility manager is guilty of a misdemeanor.

begin delete

(f)

end delete

begin insert (h) end insert  (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the
certificate holder submitting documentation of completion of 40
hours of continuing education related to the core of knowledge
specified in subdivision (c). No more than one-half of the required
40 hours of continuing education necessary to renew the certificate
may be satisfied through online courses. All other continuing
education hours shall be completed in a classroom setting. For
purposes of this section, an individual who is a group home or
short-term residential treatment center administrator and who is
required to complete the continuing education hours required by
the regulations of the State Department of Developmental Services,
and approved by the regional center, may have up to 24 of the
required continuing education course hours credited toward the
40-hour continuing education requirement of this section. The
department shall accept for certification, community college course
hours approved by the regional centers.

(2) Every administrator of a group home or short-term residential
treatment center shall complete the continuing education
requirements of this subdivision.

(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her initial
certification on or after July 1, 1999, shall make an irrevocable
election to have his or her recertification date for any subsequent
recertification either on the date two years from the date of issuance
of the certificate or on the individual’s birthday during the second
calendar year following certification. The department shall send
a renewal notice to the certificate holder 90 days prior to the
expiration date of the certificate. If the certificate is not renewed
prior to its expiration date, reinstatement shall only be permitted
after the certificate holder has paid a delinquency fee equal to three
times the renewal fee and has provided evidence of completion of
the continuing education required.

(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one
hundred dollars ($100), irrespective of receipt of the department’s
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.

(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder,
as a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of this subdivision, and
shall pay a fee in an amount equal to the renewal fee, plus the
delinquency fee, if any, accrued at the time of its revocation or
suspension. Delinquency fees, if any, accrued subsequent to the
time of its revocation or suspension and prior to an order for
reinstatement, shall be waived for a period of 12 months to allow
the individual sufficient time to complete the required continuing
education units and to submit the required documentation.
Individuals whose certificates will expire within 90 days after the
order for reinstatement may be granted a three-month extension
to renew their certificates during which time the delinquency fees
shall not accrue.

(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.

(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.

(8) A certificate holder shall inform the department of his or
her employment status and change of mailing address within 30
days of any change.

begin delete

(g)

end delete

begin insert (i) end insert  Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:

(1) The department has revoked any license held by the
administrator after the department issued the certificate.

(2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the appeal,
the department issued a decision and order that upheld the
exclusion order.

begin delete

(h)

end delete

begin insert (j) end insert  (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Health Care Services, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
administrator certification training programs, and criteria to be
used in authorizing individuals, organizations, or educational
institutions to conduct certification training programs and
continuing education courses. The department may also grant
continuing education hours for continuing courses offered by
accredited educational institutions that are consistent with the
requirements in this section. The department may deny vendor
approval to any agency or person in any of the following
circumstances:

(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the begin delete department pursuant to subdivision (j). end delete begin insert department. end insert

(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group homes or
short-term residential treatment centers.

(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes or short-term residential treatment centers and to pay
directly for the services. The department may deny vendorization
to this type of agency only as long as there are other vendor
programs available to conduct the certification training programs
and conduct education courses.

(2) The department may authorize vendors to conduct the
administrator’s certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.

(3) The department shall prepare and maintain an updated list
of approved training vendors.

(4) The department may inspect administrator certification
training programs and continuing education courses, including
online courses, at no charge to the department, to determine if
content and teaching methods comply with regulations. If the
department determines that any vendor is not complying with the
requirements of this section, the department shall take appropriate
action to bring the program into compliance, which may include
removing the vendor from the approved list.

(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor
training programs.

(6) The department may charge a reasonable fee, not to exceed
one hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may
also charge the vendor a fee, not to exceed one hundred dollars
($100) every two years, for the review and approval of the
continuing education courses needed for recertification pursuant
to this subdivision.

(7) (A) A vendor of online programs for continuing education
shall ensure that each online course contains all of the following:

(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.

(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the participant.

(iii) A final screen displaying a printable statement, to be signed
by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.

(B) Nothing in this subdivision shall prohibit the department
from approving online programs for continuing education that do
not meet the requirements of subparagraph (A) if the vendor
demonstrates to the department’s satisfaction that, through
advanced technology, the course and the course delivery meet the
requirements of this section.

begin delete

(i)

end delete

begin insert (k) end insert  The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.

begin delete

(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.

end delete begin delete

(k)

end delete

begin insert (l) end insert  Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial
or continuing education courses for certification of administrators
of a group home or short-term residential treatment center as
defined by regulations of the department, an adult residential
facility as defined by regulations of the department, or a residential
care facility for the elderly as defined in subdivision (k) of Section
1569.2, shall be regulated solely by the department pursuant to
this chapter. No other state or local governmental entity shall be
responsible for regulating the activity of those vendors.

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

Section 1522.43 of the Health and Safety Code is
amended to read:

1522.43.  

(a) (1) For the duties the department imposes on a
group home administrator or short-term residential treatment center
administrator in this chapter and in regulations adopted by the
department, every group home and short-term residential treatment
center shall state in its plan of operation, the number of hours per
week that the administrator shall spend completing those duties
and how the group home administrator or short-term residential
treatment center administrator shall accomplish those duties,
including use of support personnel.

(2) For initial applicants, the information in paragraph (1) shall
be contained in the plan of operation submitted to the department
in the application.

(3) For current licensees, the licensee shall submit an amended
plan of operation that contains the information required by
paragraph (1) within six months of the effective date of this section.
For changes in the group home administrator duties imposed by
the department in this chapter or in regulations, a current licensee
shall have six months after the effective date of those duties to
submit an amended plan of operation to reflect the new
administrator duties.

(b) (1) The department may review a group home’s or
short-term residential treatment center’s plan of operation to
determine if the plan of operation is sufficient to ensure that the
facility will operate in compliance with applicable licensing laws
and regulations. As part of the review, the department may request
that a peer review panel review the plan of operation for a group
home as prescribed in paragraph (2), or for a short-term residential
treatment center as prescribed in paragraph (3).

(2) The peer review panel shall consist of two representatives
from the department, including one from the unit that governs
programs and one from the unit that governs licensing, a qualified
group home administrator, an experienced group home provider
in good standing, and a member or members from the placement
agency or agencies that place children in group homes, and may
also include the local county behavioral health department, as
appropriate.

(3) The peer review panel shall consist of two representatives
from the department, including one from the unit that governs
programs and one from the unit that governs licensing, a qualified
short-term residential treatment center administrator, a short-term
residential treatment center provider in good standing, and a
member or members from the placement agency or agencies that
place children in short-term residential treatment centers, and may
also include the local county behavioral health department, as
appropriate.

(c) A group home or short-term residential treatment center
shall develop a daily schedule of activities for the children at the
facility. The facility shall have this schedule available for
inspection by the department. The activities in which the children
are scheduled to participate shall be designed to meet the needs of
the individual child, and shall be based on that child’s needs and
services plan.

begin insert

(d) The department shall establish a process, no later than
January 1, 2017, for convening the peer review panel as needed
to address complaints or other concerns that may arise in the
operation of the short-term residential treatment centers, and shall
develop this process in consultation with the County Welfare
Directors Association, Chief Probation Officers of California,
County Behavioral Health Directors Association, and stakeholders.

end insert

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

Section 1524.6 of the Health and Safety Code is
amended to read:

1524.6.  

(a) In addition to any other requirement of this chapter,
any group home or short-term residential treatment center, as
defined by regulations of the department, providing care for any
number of persons, that is not already subject to the requirements
of Section 1524.5, shall provide a procedure approved by the
licensing agency for immediate response to incidents and
complaints, as defined by regulations of the department. This
procedure shall include a method of ensuring that the owner,
licensee, or person designated by the owner or licensee is notified
of the incident or complaint, that the owner, licensee, or person
designated by the owner or licensee has personally investigated
the matter, and that the person making the complaint or reporting
the incident has received a written response, within 30 days of
receiving the complaint, of action taken, or a reason why no action
needs to be taken.

(b) In order to ensure the opportunity for complaints to be made
directly to the owner, licensee, or person designated by the owner
or licensee, and to provide the opportunity for the owner, licensee,
or person designated by the owner or licensee to meet
neighborhood residents and learn of problems in the neighborhood,
any group home or short-term residential treatment center shall
establish a fixed time on a periodic basis when the owner, licensee,
or person designated by the owner or licensee will be present. At
this fixed time, information shall be provided to neighborhood
residents of the complaint procedure pursuant to Section 1538.

(c) Facilities shall establish procedures to comply with the
requirements of this section on or before July 1, 2005.

(d) This section shall not apply to family homes certified by
foster family agencies, foster family homes, and small family
homes. It is not the intent of the Legislature that this section be
applied in a way that is contrary to the child’s best interests.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 1525.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1525.5.  

(a)  The begin delete director end delete begin insert department end insert may issue provisional
licenses to operate community care facilities for facilities which
the director determines are in substantial compliance with the
provisions of this chapter and the rules and regulations adopted
pursuant thereto, provided, that no life safety risks are involved,
as determined by the director. In determining whether any life
safety risks are involved, the director shall require completion of
all applicable fire clearances and criminal record clearances as
otherwise required by the department’s rules and regulations. The
provisional license shall expire six months from the date of
issuance, or at any earlier time as the director may determine, and
may not be renewed. However, the director may extend the term
of a provisional license for an additional six months at time of
application, if it is determined that more than six months will be
required to achieve full compliance with licensing standards due
to circumstances beyond the control of the applicant, provided all
other requirements for a license have been met.

(b)  This section shall not apply to foster family homes.

begin insert

(c) At the time of its review pursuant to the requirements of this
code, the department may extend the term of a provisional license
not to exceed two years, only if it determines that this additional
time is required to secure accreditation from an entity identified
by the department pursuant to the accreditation process described
in Section 11462 of the Welfare and Institutions Code and provided
that all other requirements for a license have been met.

end insert

begin delete SEC. 18. end delete
begin insert SEC. 20. end insert   

Section 1529.2 of the Health and Safety Code is
amended to read:

1529.2.  

(a) In addition to the foster parent training provided
by community colleges, foster family agencies shall provide a
program of training for their certified foster families.

(b) (1) Every licensed foster parent shall complete a minimum
of 12 hours of foster parent training, as prescribed in paragraph
(3), before the placement of any foster children with the foster
parent. In addition, a foster parent shall complete a minimum of
eight hours of foster parent training annually, as prescribed in
paragraph (4). No child shall be placed in a foster family home
unless these requirements are met by the persons in the home who
are serving as the foster parents.

(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement training requirement or a request
for an extension of the deadline, the county may, at its option, on
a case-by-case basis, waive the postplacement training requirement
or extend any established deadline for a period not to exceed one
year, if the postplacement training requirement presents a severe
and unavoidable obstacle to continuing as a foster parent. Obstacles
for which a county may grant a hardship waiver or extension are:

(i) Lack of access to training due to the cost or travel required.

(ii) Family emergency.

(B) Before a waiver or extension may be granted, the foster
parent should explore the opportunity of receiving training by
video or written materials.

(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:

(A) An overview of the child protective begin delete system. end delete begin insert and probation
systems. end insert

(B) The effects of begin insert trauma, including grief and loss, and end insert child
abuse and neglect on child begin delete development. end delete begin insert development, and methods
to behaviorally support children impacted by that trauma. end insert

(C) Positive discipline and the importance of self-esteem.

(D) Health issues in foster begin delete care. end delete begin insert care, including, but not limited
to, the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic or
other medications, and trauma, behavioral health, and other
behavioral health treatments, for children receiving child welfare
services, including how to access those treatments. end insert

(E) Accessing education and health services available to foster
children.

(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(H) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment- and violence-free school environment contained in
Article 3.6 (commencing with Section 32228) of Chapter 2 of Part
19 of Division 1 of Title 1 of the Education Code.

(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:

(A) Age-appropriate child development.

(B) Health issues in foster care.

(C) Positive discipline and the importance of self-esteem.

(D) Emancipation and independent living skills if a foster parent
is caring for youth.

(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association’s
Conference, adult schools, and certified foster parent instructors.

(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.

begin insert

(c) In addition to any training required by this section, a foster
parent may be required to receive specialized training, as relevant,
for the purpose of preparing the foster parent to meet the needs
of a particular child in care. This training may include, but is not
limited to, the following:

end insert begin insert

(1) Understanding how to use best practices for providing care
and supervision to commercially sexually exploited children.

end insert begin insert

(2) Understanding how to use best practices for providing care
and supervision to lesbian, gay, bisexual, and transgender children.

end insert begin insert

(3) Understanding the requirements and best practices
regarding psychotropic medications, including, but not limited to,
court authorization, benefits, uses, side effects, interactions,
assistance with self-administration, misuse, documentation,
storage, and metabolic monitoring of children using medications.

end insert begin insert

(4) Understanding the federal Indian Child Welfare Act, its
historical significance, the rights of children covered by the act,
and the best interests of those children, including the role of the
caregiver in supporting culturally appropriate, child-centered
practices that respect Native American history, culture, retention
of tribal membership and connection to the tribal community and
traditions.

end insert begin insert

(5) Understanding how to use best practices for providing care
and supervision to nonminor dependents.

end insert begin insert

(6) Understanding how to use best practices for providing care
and supervision to medically fragile children.

end insert begin delete

(c)

end delete

begin insert (d) end insert  Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent
training in excess of the requirements in this section.

begin delete

(d)

end delete

begin insert (e) end insert  This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 19. end delete
begin insert SEC. 21. end insert   

Section 1529.2 is added to the Health and Safety
Code, to read:

1529.2.  

(a) It is the intent of the Legislature that all foster
parents have the necessary knowledge, skills, and abilities to
support the safety, permanency, and well-being of children in foster
care. Initial and ongoing preparation and training of foster parents
should support the foster parent’s role in parenting vulnerable
children, youth, and young adults, including supporting the
children’s connection with their families. Their training should be
ongoing in order to provide foster parents with information on new
practices and requirements and other helpful topics within the child
welfare begin delete system end delete begin insert and probation systems end insert and may be offered in a
classroom setting, online, or individually.

(b) A licensed or certified foster parent shall complete a
minimum of eight training hours annually, a portion of which shall
be from one or more of the following topics, as prescribed by the
department, pursuant to subdivision (a):

(1) Age-appropriate child and adolescent development.

(2) Health issues in foster care, begin delete including the administration of
psychotropic and other medications. end delete begin insert including, but not limited to,
the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic or
other medications, and trauma, behavioral health, and other
available behavioral health treatments, for children receiving child
welfare services, including how to access those treatments. end insert

(3) Positive discipline and the importance of self-esteem.

(4) Preparation begin delete for youth and young adults end delete begin insert of children end insert for a
successful transition to adulthood.

(5) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

(6) Instruction on cultural competency and begin delete respect end delete begin insert sensitivity end insert
relating to, and best practices for, providing adequate care to
lesbian, gay, bisexual, and transgender youth in out-of-home care.

begin insert

(c) In addition to any training required by this section, a foster
parent may be required to receive specialized training, as relevant,
for the purpose of preparing the foster parent to meet the needs
of a particular child in care. This training may include, but is not
limited to, the following:

end insert begin insert

(1) Understanding how to use best practices for providing care
and supervision to commercially sexually exploited children.

end insert begin insert

(2) Understanding how to use best practices for providing care
and supervision to lesbian, gay, bisexual, and transgender children.

end insert begin insert

(3) Understanding the requirements and best practices
regarding psychotropic medications, including, but not limited to,
court authorization, benefits, uses, side effects, interactions,
assistance with self-administration, misuse, documentation,
storage, and metabolic monitoring of children using medications.

end insert begin insert

(4) Understanding the Indian Child Welfare Act, its historical
significance, the rights of children covered by the act, and the best
interests of Native American children, including the role of the
caregiver in supporting culturally appropriate, child-centered
practices that respect Native American history, culture, retention
of tribal membership and connection to the tribal community and
traditions.

end insert begin insert

(5) Understanding how to use best practices for providing care
and supervision to nonminor dependents.

end insert begin insert

(6) Understanding how to use best practices for providing care
and supervision to medically fragile children.

end insert begin delete

(c)

end delete

begin insert (d) end insert  No child shall be placed with a foster parent unless each
foster parent in the home meets the requirements of this section.

begin delete

(d)

end delete

begin insert (e) end insert  (1) Upon the request of the licensed or certified foster parent
for a hardship waiver from the annual training requirement or a
request for an extension of the deadline, the county may, at its
option, on a case-by-case basis, waive the training requirement or
extend any established deadline for a period not to exceed one
year, if the training requirement presents a severe and unavoidable
obstacle to continuing as a foster parent.

(2) Obstacles for which a county may grant a hardship waiver
or extension are:

(A) Lack of access to training due to the cost or travel required
or lack of child care to participate in the training, when online
resources are not available.

(B) Family emergency.

(3) Before a waiver or extension may be granted, the licensed
or certified foster parent should explore the opportunity of
receiving training online or by video or written materials.

begin delete

(e)

end delete

begin insert (f) end insert  (1) Foster parent training may be obtained through sources
that include, but are not necessarily limited to, community colleges,
counties, hospitals, foster parent associations, the California State
Foster Parent Association’s Conference, online resources, adult
schools, and certified foster parent instructors.

(2) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program
of training for their certified foster families.

begin delete

(f)

end delete

begin insert (g) end insert  (1) Training certificates shall be submitted to the appropriate
licensing or foster family agency.

(2) Upon completion, a licensed or certified parent shall submit
a certificate of completion for the annual training requirements.

begin delete

(g)

end delete

begin insert (h) end insert  Nothing in this section shall preclude a county or a foster
family agency from requiring foster parent training in excess of
the requirements in this section.

begin delete

(h)

end delete

begin insert (i) end insert  This section shall become operative on January 1, 2017.

begin delete SEC. 20. end delete
begin insert SEC. 22. end insert   

Section 1530.7 of the Health and Safety Code is
amended to read:

1530.7.  

(a) Group homes, short-term residential treatment
centers, foster family agencies, small family homes, transitional
housing placement providers, and crisis nurseries licensed pursuant
to this chapter shall maintain a smoke-free environment in the
facility.

(b) A person who is licensed or certified pursuant to this chapter
to provide residential care in a foster family home or certified
family home shall not smoke or permit any other person to smoke
inside the facility, and, when the child is present, on the outdoor
grounds of the facility.

(c) A person who is licensed or certified pursuant to this chapter
to provide residential foster care shall not smoke in any motor
vehicle that is regularly used to transport the child.

begin delete SEC. 21. end delete
begin insert SEC. 23. end insert   

Section 1530.8 of the Health and Safety Code is
amended to read:

1530.8.  

(a) (1) The department shall adopt regulations for
community care facilities licensed as group homes, and for
temporary shelter care facilities as defined in subdivision (c), that
care for dependent children, children placed by a regional center,
or voluntary placements, who are younger than six years of age.
The department shall adopt begin delete these regulations after assessing the
needs of this population and developing standards pursuant to
Section 11467.1 of the Welfare and Institutions Code. To the extent
that the department determines they are necessary, the department
may adopt regulations under this section that apply to short-term
residential treatment centers that care for children younger than
six years of age. end delete begin insert regulations that apply to short-term residential
treatment centers that care for children younger than six years of
age. The regulations shall include the standards set forth in
subdivision (c) of Section 11467.1 of the Welfare and Institutions
Code. end insert

(2) The department shall adopt regulations under this section
that apply to minor parent programs serving children younger than
six years of age who reside in a group home with a minor parent
who is the primary caregiver of the child. begin delete To the extent that the
department determines they are necessary, the department may
adopt regulations under this section that apply to short-term
residential treatment centers that provide minor parent programs
serving children younger than six years of age. end delete begin insert The department
shall adopt regulations under this section that apply to short-term
residential treatment centers that provide minor parent programs
serving children younger than six years of age. end insert

(3) To the extent that the department determines they are
necessary, the department shall adopt regulations under this section
that apply to group homes or short-term residential treatment
centers that care for dependent children who are 6 to 12 years of
age, inclusive. In order to determine whether such regulations are
necessary, and what any resulting standards should include, the
department shall consult with interested parties that include, but
are not limited to, representatives of current and former foster
youth, advocates for children in foster care, county welfare and
mental health directors, chief probation officers, representatives
of care providers, experts in child development, and representatives
of the Legislature. The standards may provide normative guidelines
differentiated by the needs specific to children in varying age
ranges that fall between 6 and 12 years of age, inclusive. Prior to
adopting regulations, the department shall submit for public
comment, by July 1, 2016, any proposed regulations.

(b) The regulations shall include physical environment standards,
including staffing and health and safety requirements, that meet
or exceed state child care standards under Title 5 and Title 22 of
the California Code of Regulations.

(c) For purposes of this section, a “temporary shelter care
facility” means any residential facility that meets all of the
following requirements:

(1) It is owned and operated by the begin delete county. end delete begin insert county or on behalf
of a county by a private, nonprofit agency. end insert

(2) It is a 24-hour facility that provides begin delete short-term end delete begin insert no more than
10 calendar days of end insert residential care and supervision for begin delete dependent end delete
children under 18 years of age who have been removed from their
homes as a result of abuse or neglect, as defined in Section 300 of
the Welfare and Institutions Code, or both.

begin insert

(d) (1) The department may license a temporary shelter care
facility pursuant to this chapter on or after January 1, 2016. A
temporary shelter care license may be issued only to a county
operating a licensed group home, or to an agency on behalf of a
county, as of January 1, 2016.

end insert begin insert

(2) The department shall consult with counties that operate
these shelters as licensed group homes to develop a transition plan
for the development of temporary shelter care facilities to address
the unique circumstances and needs of the populations they serve,
while remaining consistent with the principles of the act that added
this subdivision.

end insert begin insert

(3) These transition plans shall describe circumstances under
which children will be admitted for a period in excess of 24 hours
and reflect necessary staffing levels or staffing transitions.

end insert begin insert

(e) (1) A group home license issued to a county will be forfeited
by operation of law upon receipt of a license to operate a
temporary shelter care facility as described in Section 11462.022
of the Welfare and Institutions Code.

end insert begin insert

(2) Nothing in this subdivision shall preclude a county from
applying for and being licensed as a short-term residential
treatment center pursuant to Section 1562.01 or a runaway and
homeless youth shelter pursuant to Section 1502.35, or a foster
family agency as authorized by subdivision (b) of Section 11462.02
of the Welfare and Institutions Code.

end insert

begin delete SEC. 22. end delete
begin insert SEC. 24. end insert   

Section 1531.1 of the Health and Safety Code is
amended to read:

1531.1.  

(a) A residential facility licensed as an adult residential
facility, group home, short-term residential treatment center, small
family home, foster family home, or a family home certified by a
foster family agency may install and utilize delayed egress devices
of the time delay type.

(b) As used in this section, “delayed egress device” means a
device that precludes the use of exits for a predetermined period
of time. These devices shall not delay any resident’s departure
from the facility for longer than 30 seconds.

(c) Within the 30 seconds of delay, facility staff may attempt
to redirect a resident who attempts to leave the facility.

(d) Any person accepted by a residential facility or family home
certified by a foster family agency utilizing delayed egress devices
shall meet all of the following conditions:

(1) The person shall have a developmental disability as defined
in Section 4512 of the Welfare and Institutions Code.

(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500) of the Welfare and Institutions Code).

(3) An interdisciplinary team, through the Individual Program
Plan (IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined that the person lacks
hazard awareness or impulse control and requires the level of
supervision afforded by a facility equipped with delayed egress
devices, and that but for this placement, the person would be at
risk of admission to, or would have no option but to remain in, a
more restrictive state hospital or state developmental center
placement.

(e) The facility shall be subject to all fire and building codes,
regulations, and standards applicable to residential care facilities
for the elderly utilizing delayed egress devices, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
delayed egress devices.

(f) The facility shall provide staff training regarding the use and
operation of the egress control devices utilized by the facility,
protection of residents’ personal rights, lack of hazard awareness
and impulse control behavior, and emergency evacuation
procedures.

(g) The facility shall develop a plan of operation approved by
the State Department of Social Services that includes a description
of how the facility is to be equipped with egress control devices
that are consistent with regulations adopted by the State Fire
Marshal pursuant to Section 13143.

(h) The plan shall include, but shall not be limited to, all of the
following:

(1) A description of how the facility will provide training for
staff regarding the use and operation of the egress control devices
utilized by the facility.

(2) A description of how the facility will ensure the protection
of the residents’ personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code.

(3) A description of how the facility will manage the person’s
lack of hazard awareness and impulse control behavior.

(4) A description of the facility’s emergency evacuation
procedures.

(i) Delayed egress devices shall not substitute for adequate staff.
Except for facilities operating in accordance with Section 1531.15,
the capacity of the facility shall not exceed six residents.

(j) Emergency fire and earthquake drills shall be conducted at
least once every three months on each shift, and shall include all
facility staff providing resident care and supervision on each shift.

begin delete

SEC. 23.  

Section 1531.15 of the Health and Safety Code is
amended to read:

1531.15.  

(a) A licensee of an adult residential facility,
short-term residential treatment center, or group home for no more
than 15 residents, that is eligible for and serving clients eligible
for federal Medicaid funding and utilizing delayed egress devices
pursuant to Section 1531.1, may install and utilize secured
perimeters in accordance with the provisions of this section.

(b) As used in this section, “secured perimeters” means fences
that meet the requirements prescribed by this section.

(c) Only individuals meeting all of the following conditions
may be admitted to or reside in a facility described in subdivision
(a) utilizing secured perimeters:

(1) The person shall have a developmental disability as defined
in Section 4512 of the Welfare and Institutions Code.

(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500) of the Welfare and Institutions Code).

(3) (A) The person shall be 14 years of age or older, except as
specified in subparagraph (B).

(B) Notwithstanding subparagraph (A), a child who is at least
10 years of age and less than 14 years of age may be placed in a
licensed group home or short-term residential treatment center
described in subdivision (a) using secured perimeters only if both
of the following occur:

(i) A comprehensive assessment is conducted and an individual
program plan meeting is convened to determine the services and
supports needed for the child to receive services in a less restrictive,
unlocked residential setting in California, and the regional center
requests assistance from the State Department of Developmental
Services’ statewide specialized resource service to identify options
to serve the child in a less restrictive, unlocked residential setting
in California.

(ii) The regional center requests placement of the child in a
licensed group home or short-term residential treatment center
described in subdivision (a) using secured perimeters on the basis
that the placement is necessary to prevent out-of-state placement
or placement in a more restrictive, locked residential setting and
the State Department of Developmental Services approves the
request.

(4) The person is not a foster child under the jurisdiction of the
juvenile court pursuant to Section 300, 450, 601, or 602 of the
Welfare and Institutions Code.

(5) An interdisciplinary team, through the individual program
plan (IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined the person lacks hazard
awareness or impulse control and, for his or her safety and security,
requires the level of supervision afforded by a facility equipped
with secured perimeters, and, but for this placement, the person
would be at risk of admission to, or would have no option but to
remain in, a more restrictive placement. The individual program
planning team shall determine the continued appropriateness of
the placement at least annually.

(d) The licensee shall be subject to all applicable fire and
building codes, regulations, and standards, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
secured perimeters.

(e) The licensee shall provide staff training regarding the use
and operation of the secured perimeters, protection of residents’
personal rights, lack of hazard awareness and impulse control
behavior, and emergency evacuation procedures.

(f) The licensee shall revise its facility plan of operation. These
revisions shall first be approved by the State Department of
Developmental Services. The plan of operation shall not be
approved by the State Department of Social Services unless the
licensee provides certification that the plan was approved by the
State Department of Developmental Services. The plan shall
include, but not be limited to, all of the following:

(1) A description of how the facility is to be equipped with
secured perimeters that are consistent with regulations adopted by
the State Fire Marshal pursuant to Section 13143.6.

(2) A description of how the facility will provide training for
staff.

(3) A description of how the facility will ensure the protection
of the residents’ personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code, and any
applicable personal rights provided in Title 22 of the California
Code of Regulations.

(4) A description of how the facility will manage residents’ lack
of hazard awareness and impulse control behavior.

(5) A description of the facility’s emergency evacuation
procedures.

(g) Secured perimeters shall not substitute for adequate staff.

(h) Emergency fire and earthquake drills shall be conducted on
each shift in accordance with existing licensing requirements, and
shall include all facility staff providing resident care and
supervision on each shift.

(i) Interior and exterior space shall be available on the facility
premises to permit clients to move freely and safely.

(j) For the purpose of using secured perimeters, the licensee
shall not be required to obtain a waiver or exception to a regulation
that would otherwise prohibit the locking of a perimeter fence or
gate.

(k) This section shall become operative only upon the
publication in Title 17 of the California Code of Regulations of
emergency regulations filed by the State Department of
Developmental Services. These regulations shall be developed
with stakeholders, including the State Department of Social
Services, consumer advocates, and regional centers. The regulations
shall establish program standards for homes that include secured
perimeters, including requirements and timelines for the completion
and updating of a comprehensive assessment of each consumer’s
needs, including the identification through the individual program
plan process of the services and supports needed to transition the
consumer to a less restrictive living arrangement, and a timeline
for identifying or developing those services and supports. The
regulations shall establish a statewide limit on the total number of
beds in homes with secured perimeters. The adoption of these
regulations shall be deemed to be an emergency and necessary for
the immediate preservation of the public peace, health and safety,
or general welfare.

end delete

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 1531.15 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1531.15.  

(a) A licensee of an adult residential begin delete facility end delete begin insert facility,
short-term residential treatment center, end insert or group home for no more
than six residents, except for the larger facilities provided for in
paragraph (1) of subdivision (k), that is utilizing delayed egress
devices pursuant to Section 1531.1, may install and utilize secured
perimeters in accordance with the provisions of this section.

(b) As used in this section, “secured perimeters” means fences
that meet the requirements prescribed by this section.

(c) Only individuals meeting all of the following conditions
may be admitted to or reside in a facility described in subdivision
(a) utilizing secured perimeters:

(1) The person shall have a developmental disability as defined
in Section 4512 of the Welfare and Institutions Code.

(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500) of the Welfare and Institutions Code).

(3) (A) The person shall be 14 years of age or older, except as
specified in subparagraph (B).

(B) Notwithstanding subparagraph (A), a child who is at least
10 years of age and less than 14 years of age may be placed in a
licensed group home described in subdivision (a) using secured
perimeters only if both of the following occur:

(i) A comprehensive assessment is conducted and an individual
program plan meeting is convened to determine the services and
supports needed for the child to receive services in a less restrictive,
unlocked residential setting in California, and the regional center
requests assistance from the State Department of Developmental
Services’ statewide specialized resource service to identify options
to serve the child in a less restrictive, unlocked residential setting
in California.

(ii) The regional center requests placement of the child in a
licensed group home described in subdivision (a) using secured
perimeters on the basis that the placement is necessary to prevent
out-of-state placement or placement in a more restrictive, locked
residential setting such as a developmental center, institution for
mental disease or psychiatric facility, and the State Department of
Developmental Services approves the request.

(4) The person is not a foster child under the jurisdiction of the
juvenile court pursuant to Section 300, 450, 601, or 602 of the
Welfare and Institutions Code.

(5) (A) An interdisciplinary team, through the individual
program plan (IPP) process pursuant to Section 4646.5 of the
Welfare and Institutions Code, shall have determined the person
lacks hazard awareness or impulse control and, for his or her safety
and security, requires the level of supervision afforded by a facility
equipped with secured perimeters, and, but for this placement, the
person would be at risk of admission to, or would have no option
but to remain in, a more restrictive placement. The individual
program planning team shall convene every 90 days after admission
to determine and document the continued appropriateness of the
current placement and progress in implementing the transition
plan.

(B) The clients’ rights advocate for the regional center shall be
notified of the proposed admission and the individual program
plan meeting and may participate in the individual program plan
meeting unless the consumer objects on his or her own behalf.

(d) The licensee shall be subject to all applicable fire and
building codes, regulations, and standards, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
secured perimeters.

(e) The licensee shall provide staff training regarding the use
and operation of the secured perimeters, protection of residents’
personal rights, lack of hazard awareness and impulse control
behavior, and emergency evacuation procedures.

(f) The licensee shall revise its facility plan of operation. These
revisions shall first be approved by the State Department of
Developmental Services. The plan of operation shall not be
approved by the State Department of Social Services unless the
licensee provides certification that the plan was approved by the
State Department of Developmental Services. The plan shall
include, but not be limited to, all of the following:

(1) A description of how the facility is to be equipped with
secured perimeters that are consistent with regulations adopted by
the State Fire Marshal pursuant to Section 13143.6.

(2) A description of how the facility will provide training for
staff.

(3) A description of how the facility will ensure the protection
of the residents’ personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code, and any
applicable personal rights provided in Title 22 of the California
Code of Regulations.

(4) A description of how the facility will manage residents’ lack
of hazard awareness and impulse control behavior, which shall
emphasize positive behavioral supports and techniques that are
alternatives to physical, chemical, or mechanical restraints, or
seclusion.

(5) A description of the facility’s emergency evacuation
procedures.

(6) A description of how the facility will comply with applicable
health and safety standards.

(g) Secured perimeters shall not substitute for adequate staff.

(h) Emergency fire and earthquake drills shall be conducted on
each shift in accordance with existing licensing requirements, and
shall include all facility staff providing resident care and
supervision on each shift.

(i) Interior and exterior space shall be available on the facility
premises to permit clients to move freely and safely.

(j) For the purpose of using secured perimeters, the licensee
shall not be required to obtain a waiver or exception to a regulation
that would otherwise prohibit the locking of a perimeter fence or
gate.

(k) Except as provided in subdivision (k) of Section 4684.81 of
the Welfare and Institutions Code, the state shall not authorize or
fund more than a combined total of 150 beds statewide in facilities
with secured perimeters under this section and under Section
1267.75. The department shall notify the appropriate fiscal and
policy committees of the Legislature through the January and May
budget estimates prior to authorizing an increase above a combined
total of 100 beds statewide in facilities with secured perimeters
under this section and under Section 1267.75.

(1) A minimum of 50 beds shall be available within programs
designed for individuals who are designated incompetent to stand
trial pursuant to Section 1370.1 of the Penal Code. These beds
shall be within facilities that are exclusively used to provide care
for individuals who are placed and participating in forensic
competency training pursuant to Section 1370.1 of the Penal Code,
except as provided in paragraph (2). No more than half of these
facilities may have more than six beds and no facility may have
more than 15 beds.

(2) When, in the joint determination of the regional center and
the facility administrator, an individual would be most
appropriately served in a specific program, regardless of whether
the facility meets the criteria established in paragraph (1),
individuals who are not similarly designated may be placed in the
same facility. That placement may occur only when the individual’s
planning team determines that the placement and the facility plan
of operation meet the individual’s needs and that placement is not
incompatible with the needs and safety of other facility residents.

(l) This section shall become operative only upon the publication
in Title 17 of the California Code of Regulations of emergency
regulations filed by the State Department of Developmental
Services. These regulations shall be developed with stakeholders,
including the State Department of Social Services, consumer
advocates, and regional centers. The regulations shall establish
program standards for homes that include secured perimeters,
including requirements and timelines for the completion and
updating of a comprehensive assessment of each consumer’s needs,
including the identification through the individual program plan
process of the services and supports needed to transition the
consumer to a less restrictive living arrangement, and a timeline
for identifying or developing those services and supports. The
regulations shall establish a statewide limit on the total number of
beds in homes with secured perimeters. The adoption of these
regulations shall be deemed to be an emergency and necessary for
the immediate preservation of the public peace, health and safety,
or general welfare.

begin delete SEC. 24. end delete
begin insert SEC. 26. end insert   

Section 1534 of the Health and Safety Code is
amended to read:

1534.  

(a) (1) (A) Except for foster family homes, every
licensed community care facility shall be subject to unannounced
inspections by the department.

(B) Foster family homes shall be subject to announced
inspections by the department, except that a foster family home
shall be subject to unannounced inspections in response to a
complaint, a plan of correction, or under any of the circumstances
set forth in subparagraph (B) of paragraph (2).

(2) (A) The department may inspect these facilities as often as
necessary to ensure the quality of care provided.

(B) The department shall conduct an annual unannounced
inspection of a facility under any of the following circumstances:

(i) When a license is on probation.

(ii) When the terms of agreement in a facility compliance plan
require an annual inspection.

(iii) When an accusation against a licensee is pending.

(iv) When a facility requires an annual inspection as a condition
of receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a facility by the department is no longer at the facility.

(C) (i) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities, except for foster
family homes, not subject to an inspection under subparagraph
(B).

(ii) The department shall conduct annual announced inspections
of no less than 20 percent of foster family homes not subject to an
inspection under subparagraph (B).

(iii) These inspections shall be conducted based on a random
sampling methodology developed by the department.

(iv) If the total citations issued by the department to facilities
exceed the previous year’s total by 10 percent, the following year
the department shall increase the random sample by an additional
10 percent of the facilities not subject to an inspection under
subparagraph (B). The department may request additional resources
to increase the random sample by 10 percent.

(v) The department shall not inspect a licensed community care
facility less often than once every five years.

(3) In order to facilitate direct contact with group home or
short-term residential treatment center clients, the department may
interview children who are clients of group homes or short-term
residential treatment centers at any public agency or private agency
at which the client may be found, including, but not limited to, a
juvenile hall, recreation or vocational program, or a public or
nonpublic school. The department shall respect the rights of the
child while conducting the interview, including informing the child
that he or she has the right not to be interviewed and the right to
have another adult present during the interview.

(4) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance
by the facility.

(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(b) (1) This section does not limit the authority of the
department to inspect or evaluate a licensed foster family agency,
a certified family home, or any aspect of a program in which a
licensed community care facility is certifying compliance with
licensing requirements.

(2) (A) A foster family agency shall conduct an announced
inspection of a certified family home during the annual
recertification described in Section 1506 in order to ensure that
the certified family home meets all applicable licensing standards.
A foster family agency may inspect a certified family home as
often as necessary to ensure the quality of care provided.

(B) In addition to the inspections required pursuant to
subparagraph (A), a foster family agency shall conduct an
unannounced inspection of a certified family home under any of
the following circumstances:

(i) When a certified family home is on probation.

(ii) When the terms of the agreement in a facility compliance
plan require an annual inspection.

(iii) When an accusation against a certified family home is
pending.

(iv) When a certified family home requires an annual inspection
as a condition of receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a certified family home by the department is no longer at the home.

(3) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke
the certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the certified family home. The certified parent
or prospective foster parent shall be afforded the due process
provided pursuant to this chapter.

(4) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the certified
or prospective foster parent of the basis of the department’s action
and of the certified or prospective foster parent’s right to a hearing.

(5) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department’s decision with the department.
The department’s action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.

(6) The department’s order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.

(7) A certified or prospective foster parent who files a written
appeal of the department’s order with the department pursuant to
this section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change
in mailing address, until the hearing process has been completed
or terminated.

(8) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. In all
proceedings conducted in accordance with this section the standard
of proof shall be by a preponderance of the evidence.

(9) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon
any ground provided by this section or Section 1550, enter an order
denying or revoking the certificate of approval, or otherwise take
disciplinary action against the certified or prospective foster parent,
notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.

(10) A foster family agency’s failure to comply with the
department’s order to deny or revoke the certificate of approval
by placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.

begin delete SEC. 25. end delete
begin insert SEC. 27. end insert   

Section 1536 of the Health and Safety Code is
amended to read:

1536.  

(a) (1) At least annually, the department shall publish
and make available to interested persons a list or lists covering all
licensed community care facilities, other than foster family homes
and certified family homes of foster family agencies providing
24-hour care for six or fewer foster children, and the services for
which each facility has been licensed or issued a special permit.

(2) For a group home, transitional housing placement provider,
community treatment facility, runaway and homeless youth shelter,
or short-term residential treatment center, the list shall include
both of the following:

(A) The number of licensing complaints, types of complaint,
and outcomes of complaints, including citations, fines, exclusion
orders, license suspensions, revocations, and surrenders.

(B) The number, types, and outcomes of law enforcement
contacts made by the facility staff or children, as reported pursuant
to subdivision (a) of Section 1538.7.

(b) Subject to subdivision (c), to encourage the recruitment of
foster family homes and certified family homes of foster family
agencies, protect their personal privacy, and to preserve the security
and confidentiality of the placements in the homes, the names,
addresses, and other identifying information of facilities licensed
as foster family homes and certified family homes of foster family
agencies providing 24-hour care for six or fewer children shall be
considered personal information for purposes of the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
of Title 1.8 of Part 4 of Division 3 of the Civil Code). This
information shall not be disclosed by any state or local agency
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), except as necessary for administering the
licensing program, facilitating the placement of children in these
facilities, and providing names and addresses only to bona fide
professional foster parent organizations upon request.

(c) Notwithstanding subdivision (b), the department, a county,
or a foster family agency may request information from, or divulge
information to, the department, a county, or a foster family agency,
regarding a prospective certified parent, foster parent, or relative
caregiver for the purpose of, and as necessary to, conduct a
reference check to determine whether it is safe and appropriate to
license, certify, or approve an applicant to be a certified parent,
foster parent, or relative caregiver.

(d) The department may issue a citation and, after the issuance
of that citation, may assess a civil penalty of fifty dollars ($50) per
day for each instance of a foster family agency’s failure to provide
the department with the information required by subdivision (h)
of Section 88061 of Title 22 of the California Code of Regulations.

(e) The Legislature encourages the department, when funds are
available for this purpose, to develop a database that would include
all of the following information:

(1) Monthly reports by a foster family agency regarding family
homes.

(2) A log of family homes certified and decertified, provided
by a foster family agency to the department.

(3) Notification by a foster family agency to the department
informing the department of a foster family agency’s determination
to decertify a certified family home due to any of the following
actions by the certified family parent:

(A) Violating licensing rules and regulations.

(B) Aiding, abetting, or permitting the violation of licensing
rules and regulations.

(C) Conducting oneself in a way that is inimical to the health,
morals, welfare, or safety of a child placed in that certified family
home.

(D) Being convicted of a crime while a certified family parent.

(E) Knowingly allowing any child to have illegal drugs or
alcohol.

(F) Committing an act of child abuse or neglect or an act of
violence against another person.

begin delete SEC. 26. end delete
begin insert SEC. 28. end insert   

Section 1538.3 of the Health and Safety Code is
amended to read:

1538.3.  

A county may develop a cooperative agreement with
the department to access disclosable, public record information
from an automated system, other than the system described in
Section 1538.2, concerning substantiated complaints for all group
home or short-term residential treatment centers, as defined by
regulations of the department, located within that county. Access
to the database may be accomplished through a secure online
transaction protocol.

begin delete SEC. 27. end delete
begin insert SEC. 29. end insert   

Section 1538.5 of the Health and Safety Code is
amended to read:

1538.5.  

(a) (1) Not less than 30 days prior to the anniversary
of the effective date of a residential community care facility license,
except licensed foster family homes, the department may transmit
a copy to the board members of the licensed facility, parents, legal
guardians, conservators, clients’ rights advocates, or placement
agencies, as designated in each resident’s placement agreement,
of all inspection reports given to the facility by the department
during the past year as a result of a substantiated complaint
regarding a violation of this chapter relating to resident abuse and
neglect, food, sanitation, incidental medical care, and residential
supervision. During that one-year period the copy of the notices
transmitted and the proof of the transmittal shall be open for public
inspection.

(2) The department may transmit copies of the inspection reports
referred to in paragraph (1) concerning a group home or short-term
residential treatment center, as defined by regulations of the
department, to the county in which the group home or short-term
residential treatment center is located, if requested by that county.

(3) A group home or short-term residential treatment center
shall maintain, at the facility, a copy of all licensing reports for
the past three years that would be accessible to the public through
the department, for inspection by placement officials, current and
prospective facility clients, and these clients’ family members who
visit the facility.

(b) The facility operator, at the expense of the facility, shall
transmit a copy of all substantiated complaints, by certified mail,
to those persons described pursuant to paragraph (1) of subdivision
(a) in the following cases:

(1) In the case of a substantiated complaint relating to resident
physical or sexual abuse, the facility shall have three days from
the date the facility receives the licensing report from the
department to comply.

(2) In the case in which a facility has received three or more
substantiated complaints relating to the same violation during the
past 12 months, the facility shall have five days from the date the
facility receives the licensing report to comply.

(c) A residential facility shall retain a copy of the notices
transmitted pursuant to subdivision (b) and proof of their
transmittal by certified mail for a period of one year after their
transmittal.

(d) If a residential facility to which this section applies fails to
comply with this section, as determined by the department, the
department shall initiate civil penalty action against the facility in
accordance with this article and the related rules and regulations.

(e) Not less than 30 days prior to the anniversary of the effective
date of the license of any group home or short-term residential
treatment center, as defined by regulations of the department, at
the request of the county in which the group home or short-term
residential treatment center is located, a group home or short-term
residential treatment center shall transmit to the county a copy of
all incident reports prepared by the group home or short-term
residential treatment center and transmitted to a placement agency,
as described in subdivision (f) of Section 1536.1, in a county other
than the county in which the group home or short-term residential
treatment center is located that involved a response by local law
enforcement or emergency services personnel, including runaway
incidents. The county shall designate an official for the receipt of
the incident reports and shall notify the group home or short-term
residential treatment center of the designation. Prior to transmitting
copies of incident reports to the county, the group home or
short-term residential treatment center shall redact the name of
any child referenced in the incident reports, and other identifying
information regarding any child referenced in the reports. The
county may review the incident reports to ensure that the group
home or short-term residential treatment center has taken
appropriate action to ensure the health and safety of the residents
of the facility.

(f) The department shall notify the residential community care
facility of its obligation when it is required to comply with this
section.

begin delete SEC. 28. end delete
begin insert SEC. 30. end insert   

Section 1538.6 of the Health and Safety Code is
amended to read:

1538.6.  

(a) When the department periodically reviews the
record of substantiated complaints against each group home or
short-term residential treatment center, pursuant to its oversight
role as prescribed by Section 1534, to determine whether the nature,
number, and severity of incidents upon which complaints were
based constitute a basis for concern as to whether the provider is
capable of effectively and efficiently operating the program, and
if the department determines that there is cause for concern, it may
contact the county in which a group home or short-term residential
treatment center is located and placement agencies in other counties
using the group home or short-term residential treatment center,
and request their recommendations as to what action, if any, the
department should take with regard to the provider’s status as a
licensed group home or short-term residential treatment center
provider.

(b) It is the intent of the Legislature that the department make
every effort to communicate with the county in which a group
home or short-term residential treatment center is located when
the department has concerns about group homes or short-term
residential treatment centers within that county.

begin delete SEC. 29. end delete
begin insert SEC. 31. end insert   

Section 1538.7 of the Health and Safety Code is
amended to read:

1538.7.  

(a) A group home, transitional housing placement
provider, community treatment facility, runaway and homeless
youth shelter, or short-term residential treatment center shall report
to the department’s Community Care Licensing Division upon the
occurrence of any incident concerning a child in the facility
involving contact with law enforcement. At least every six months,
the facility shall provide a followup report for each incident,
including the type of incident, whether the incident involved an
alleged violation of any crime described in Section 602 of the
Welfare and Institutions Code by a child residing in the facility;
whether staff, children, or both were involved; the gender, race,
ethnicity, and age of children involved; and the outcomes, including
arrests, removals of children from placement, or termination or
suspension of staff.

(b) (1) If the department determines that, based on the licensed
capacity, a facility has reported, pursuant to subdivision (a), a
greater than average number of law enforcement contacts involving
an alleged violation of any crime described in Section 602 of the
Welfare and Institutions Code by a child residing in the facility,
the department shall inspect the facility at least once a year.

(2) An inspection conducted pursuant to paragraph (1) does not
constitute an unannounced inspection required pursuant to Section
1534.

(c) If an inspection is required pursuant to subdivision (b), the
Community Care Licensing Division shall provide the report to
the department’s Children and Family Services Division and to
any other public agency that has certified the facility’s program
or any component of the facility’s program including, but not
limited to, the State Department of Health Care Services, which
certifies group homes or short-term residential treatment centers
pursuant to Section 4096.5 of the Welfare and Institutions Code.

begin delete SEC. 30. end delete
begin insert SEC. 32. end insert   

Section 1548 of the Health and Safety Code, as added
by Section 2 of Chapter 813 of the Statutes of 2014, is amended
to read:

1548.  

(a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil penalty.

(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event, shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per
day per violation.

(c) Notwithstanding Section 1534, the department shall assess
an immediate civil penalty of one hundred fifty dollars ($150) per
day per violation for any of the following serious violations:

(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:

(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.

(ii) Initiated eviction proceedings.

(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.

(2) Absence of supervision, as required by statute or regulation.

(3) Accessible bodies of water when prohibited in this chapter
or regulations adopted pursuant to this chapter.

(4) Accessible firearms, ammunition, or both.

(5) Refused entry to a facility or any part of a facility in violation
of Section 1533, 1534, or 1538.

(6) The presence of an excluded person on the premises.

(d) (1) For a violation that the department determines resulted
in the death of a resident at an adult residential facility, social
rehabilitation facility, enhanced behavioral supports home, or
community crisis home, the civil penalty shall be fifteen thousand
dollars ($15,000).

(2) For a violation that the department determines resulted in
the death of a person receiving care at an adult day program, the
civil penalty shall be assessed as follows:

(A) Seven thousand five hundred dollars ($7,500) for a licensee
licensed, among all of the licensee’s facilities, to care for 50 or
less persons.

(B) Ten thousand dollars ($10,000) for a licensee licensed,
among all of the licensee’s facilities, to care for more than 50
persons.

(3) For a violation that the department determines resulted in
the death of a person receiving care at a therapeutic day services
facility, foster family agency, community treatment facility,
full-service adoption agency, noncustodial adoption agency,
transitional shelter care facility, transitional housing placement
provider, group home, or short-term residential treatment center,
the civil penalty shall be assessed as follows:

(A) Seven thousand five hundred dollars ($7,500) for a licensee
licensed, among all of the licensee’s facilities, to care for 40 or
less children.

(B) Ten thousand dollars ($10,000) for a licensee licensed,
among all of the licensee’s facilities, to care for 41 to 100,
inclusive, children.

(C) Fifteen thousand dollars ($15,000) for a licensee licensed,
among all of the licensee’s facilities, to care for more than 100
children.

(4) For a violation that the department determines resulted in
the death of a resident at a runaway and homeless youth shelter,
the civil penalty shall be five thousand dollars ($5,000).

(e) (1) (A) For a violation that the department determines
constitutes physical abuse, as defined in Section 15610.63 of the
Welfare and Institutions Code, or resulted in serious bodily injury,
as defined in Section 243 of the Penal Code, to a resident at an
adult residential facility, social rehabilitation facility, enhanced
behavioral supports home, or community crisis home, the civil
penalty shall be ten thousand dollars ($10,000).

(B) For a violation that the department determines constitutes
physical abuse, as defined in Section 15610.63 of the Welfare and
Institutions Code, or resulted in serious bodily injury, as defined
in Section 243 of the Penal Code, to a person receiving care at an
adult day program, the civil penalty shall be assessed as follows:

(i) Two thousand five hundred dollars ($2,500) for a licensee
licensed, among all of the licensee’s facilities, to care for 50 or
less persons.

(ii) Five thousand dollars ($5,000) for a licensee licensed, among
all of the licensee’s facilities, to care for more than 50 persons.

(C) For a violation that the department determines constitutes
physical abuse, as defined in paragraph (2), or resulted in serious
bodily injury, as defined in Section 243 of the Penal Code, to a
person receiving care at a therapeutic day services facility, foster
family agency, community treatment facility, full-service adoption
agency, noncustodial adoption agency, transitional shelter care
facility, transitional housing placement provider, group home, or
short-term residential treatment center, the civil penalty shall be
assessed as follows:

(i) Two thousand five hundred dollars ($2,500) for a licensee
licensed, among all of the licensee’s facilities, to care for 40 or
less children.

(ii) Five thousand dollars ($5,000) for a licensee licensed, among
all of the licensee’s facilities, to care for 41 to 100, inclusive,
children.

(iii) Ten thousand dollars ($10,000) for a licensee licensed,
among all of the licensee’s facilities, to care for more than 100
children.

(D) For a violation that the department determines constitutes
physical abuse, as defined in paragraph (2), or resulted in serious
bodily injury, as defined in Section 243 of the Penal Code, to a
resident at a runaway and homeless youth shelter, the civil penalty
shall be one thousand dollars ($1,000).

(2) For purposes of subparagraphs (C) and (D), “physical abuse”
includes physical injury inflicted upon a child by another person
by other than accidental means, sexual abuse as defined in Section
11165.1 of the Penal Code, neglect as defined in Section 11165.2
of the Penal Code, or unlawful corporal punishment or injury as
defined in Section 11165.4 of the Penal Code when the person
responsible for the child’s welfare is a licensee, administrator, or
employee of any facility licensed to care for children.

(f) Prior to the issuance of a citation imposing a civil penalty
pursuant to subdivision (d) or (e), the decision shall be approved
by the director.

(g) Notwithstanding Section 1534, any facility that is cited for
repeating the same violation of this chapter within 12 months of
the first violation is subject to an immediate civil penalty of one
hundred fifty dollars ($150) and fifty dollars ($50) for each day
the violation continues until the deficiency is corrected.

(h) Any facility that is assessed a civil penalty pursuant to
subdivision (g) that repeats the same violation of this chapter within
12 months of the violation subject to subdivision (g) is subject to
an immediate civil penalty of one hundred fifty dollars ($150) for
each day the violation continues until the deficiency is corrected.

(i) (1) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.

(2) A licensee shall have the right to submit to the department
a written request for a formal review of a civil penalty assessed
pursuant to subdivisions (d) and (e) within 10 days of receipt of
the notice of a civil penalty assessment and shall provide all
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. If the regional manager determines that the civil penalty
was not assessed in accordance with applicable statutes or
regulations of the department, he or she may amend or dismiss the
civil penalty. The licensee shall be notified in writing of the
regional manager’s decision within 60 days of the request to review
the assessment of the civil penalty.

(3) The licensee may further appeal to the program administrator
of the Community Care Licensing Division within 10 days of
receipt of the notice of the regional manager’s decision and shall
provide all supporting documentation at that time. If the program
administrator determines that the civil penalty was not assessed
in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty. The
licensee shall be notified in writing of the program administrator’s
decision within 60 days of the request to review the regional
manager’s decision.

(4) The licensee may further appeal to the deputy director of
the Community Care Licensing Division within 10 days of receipt
of the notice of the program director’s decision and shall provide
all supporting documentation at that time. If the deputy director
determines that the civil penalty was not assessed in accordance
with applicable statutes or regulations of the department, he or she
may amend or dismiss the civil penalty. The licensee shall be
notified in writing of the deputy director’s decision within 60 days
of the request to review the program administrator’s decision.

(5) Upon exhausting the deputy director review, a licensee may
appeal a civil penalty assessed pursuant to subdivision (d) or (e)
to an administrative law judge. Proceedings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the powers granted by those provisions.
In all proceedings conducted in accordance with this section, the
standard of proof shall be by a preponderance of the evidence.

(6) If, in addition to an assessment of civil penalties, the
department elects to file an administrative action to suspend or
revoke the facility license that includes violations relating to the
assessment of the civil penalties, the department review of the
pending appeal shall cease and the assessment of the civil penalties
shall be heard as part of the administrative action process.

(j) The department shall adopt regulations implementing this
section.

(k) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.

(l) As provided in Section 11466.31 of the Welfare and
Institutions Code, the department may offset civil penalties owed
by a group home or short-term residential treatment center against
moneys to be paid by a county for the care of minors after the
group home or short-term residential treatment center has exhausted
its appeal of the civil penalty assessment. The department shall
provide the group home or short-term residential treatment center
a reasonable opportunity to pay the civil penalty before instituting
the offset provision.

(m) This section shall become operative on July 1, 2015.

begin delete SEC. 31. end delete
begin insert SEC. 33. end insert   

Section 1562 of the Health and Safety Code is
amended to read:

1562.  

(a) The department shall ensure that operators and staffs
of community care facilities have appropriate training to provide
the care and services for which a license or certificate is issued.
The section shall not apply to a facility licensed as an Adult
Residential Facility for Persons with Special Health Care Needs
pursuant to Article 9 (commencing with Section 1567.50).

(b) It is the intent of the Legislature that children in foster care
reside in the least restrictive, family-based settings that can meet
their needs, and that group homes and short-term residential
treatment centers will be used only for short-term, specialized, and
intensive treatment purposes that are consistent with a case plan
that is determined by a child’s best interests. Accordingly, the
Legislature encourages the department to adopt policies, practices,
and guidance that ensure that the education, qualification, and
training requirements for child care staff in group homes and
short-term residential treatment centers are consistent with the
intended role of group homes and short-term residential treatment
centers to provide short-term, specialized, and intensive treatment,
with a particular focus on crisis intervention, behavioral
stabilization, and other treatment-related goals, as well as the
connections between those efforts and work toward permanency
for children.

(c) (1) Each person employed as a facility manager or staff
member of a group home or short-term residential treatment center,
as defined in paragraphs (13) and (18) of subdivision (a) of Section
1502, who provides direct care and supervision to children and
youth residing in the group home or short-term residential treatment
center shall be at least 21 years of age.

(2) Paragraph (1) shall not apply to a facility manager or staff
member employed at the group home before October 1, 2014.

(3) For purposes of this subdivision, “group home” does not
include a runaway and homeless youth shelter.

begin delete SEC. 32. end delete
begin insert SEC. 34. end insert   

Section 1562.01 is added to the Health and Safety
Code, to read:

1562.01.  

(a)  begin delete (1) end delete begin delete   end delete Commencing January 1, 2017, the department
shall license short-term residential treatment centers, as defined
in paragraph (18) of subdivision (a) of Section 1502, pursuant to
this chapter. The department may license a facility as a short-term
residential treatment center prior to January 1, 2017. A short-term
residential treatment center shall comply with all requirements of
this chapter that are applicable to group homes and to the
requirements of this section.

begin insert

(b) (1) A short-term residential treatment center shall have
national accreditation from an entity identified by the department
pursuant to the process described in paragraph (4) of subdivision
(b) of Section 11462 of the Welfare and Institutions Code.

end insert begin insert

(2) Notwithstanding paragraph (1), the department may issue
a provisional license to a short-term residential treatment center
and may extend the term of the provisional license not to exceed
two years in order for the short-term residential treatment center
to secure accreditation as set forth in subdivision (a) of Section
1520.1.

end insert begin delete

(2)

end delete

begin insert (c) end insert  A short-term residential treatment center shall obtain and
have in good standing a mental health certification, as set forth in
Section 4096.5 of the Welfare and Institutions Code.

begin delete

(3) (A)

end delete

begin insert (d) end insert begin insert   end insert begin insert (1) end insert  A short-term residential treatment center shall prepare
and maintain a current, written plan of operation as required by
the department.

begin delete

(B)

end delete

begin insert (2) end insert  The plan of operation shall include, but not be limited to,
all of the following:

begin insert

(A) A statement of purposes and goals.

end insert begin insert

(B) A plan for the supervision, evaluation, and training of staff.
The training plan shall be appropriate to meet the needs of staff
and children.

end insert begin insert

(C) A program statement that includes:

end insert

(i) Description of the short-term residential treatment center’s
ability to support the differing needs of children and their families
with short-term, specialized, and intensive treatment.

(ii) Description of the core services, as set forth, on and after
January 1, 2017, in paragraph (1) of subdivision (b) of Section
11462 of the Welfare and Institutions Code, to be offered to
children and their families, as appropriate or necessary.

begin insert

(iii) Protocols for developing a needs and services plan, in
collaboration with the child and family team described in
paragraph (4) of subdivision (a) of Section 16501 of the Welfare
and Institutions Code, that includes, but is not limited to, a
description of the services to be provided to meet the treatment
needs of the child as assessed pursuant to subdivision (d) or (e)
of Section 11462.01 of the Welfare and Institutions Code, the
anticipated duration of the treatment and the timeframe and plan
for transitioning the child to a less-restrictive family environment.

end insert begin delete

(iii)

end delete

begin insert (iv) end insert  Any other information that may be prescribed by the
department for the proper administration of this section.

begin delete

(b)

end delete

begin insert (e) end insert  In addition to the rules and regulations adopted pursuant to
this chapter, a county licensed to operate a short-term residential
treatment center shall describe, in the plan of operation, its conflict
of interest mitigation plan, as set forth on and after January 1,
2017, in subdivision (g) of Section 11462.02 of the Welfare and
Institutions Code.

begin delete

(c)

end delete

begin insert (f) end insert  (1)  begin delete Upon request of a county, end delete begin insert Prior to licensure, end insert a short-term
residential treatment center shall submit its plan of operation to
the county begin insert placing agency end insert which it will primarily begin delete serve. The county
may review the plan of operation to determine whether to issue a
certification of end delete begin insert serve for certification. The department shall not
issue a license to a short-term residential treatment center unless
the short-term residential treatment center submits evidence of
certification by the host county, the primary placing county, or a
regional consortium of counties that includes end insert all of the following:

(A) The program is needed by the county.

(B) The provider is capable of effectively and efficiently
operating the program.

(C) The provider is willing and able to accept placements who
need the level of care and services that will be provided by the
program.

(D) The plan of operation is suitable to meet the needs of the
identified population.

begin delete

(2) In its decision regarding issuance of an AFDC-FC rate, the
department may consider whether the county has made the
certification required in paragraph (1).

end delete begin insert

(E) That, if the certification is not being issued by the host
county, the primary placing county has notified the host county of
its intention to issue the certification and the host county was given
the opportunity of 30 days to respond to this notification and to
discuss options with the primary placing county. The county may
decline to review the plan of operation. If the county declines the
review, it shall notify the department and the department shall
make the certification pursuant to this paragraph.

end insert begin delete

(3)

end delete

begin insert ( end insert begin insert 2) end insert  The department shall establish procedures for certification
pursuant to paragraph (1), in consultation with the County Welfare
Directors Association, Chief Probation Officers of California, and
other stakeholders, as appropriate.

begin delete

(d)

end delete

begin insert (g) end insert  (1) The department shall begin insert adopt regulations to end insert establish
requirements for the education, qualification, and training of facility
managers and child care staff in short-term residential treatment
centers consistent with the intended role of these facilities to
provide short-term, specialized, and intensive treatment.

(2) Requirements shall include, but not be limited to, all of the
following:

(A) Staff classifications.

(B) Specification of the date by which employees shall be
required to meet the begin delete education, qualification, and training end delete begin insert education
and qualification end insert requirements.

(C) Any other requirements that may be prescribed by the
department for the proper administration of this section.

begin insert

(h) The department shall adopt regulations to specify training
requirements for staff who provide care and supervision to children
or who have regular, direct contact with children in the course of
their responsibilities. These requirements shall include the
following:

end insert begin insert

(1) Timeframes for completion of training, including the
following:

end insert begin insert

(A) Training that shall be completed prior to unsupervised care
of children.

end insert begin insert

(B) Training to be completed within the first 180 days of
employment.

end insert begin insert

(C) Training to be completed annually.

end insert begin insert

(2) Topics to be covered in the training shall include, but are
not limited to, the following:

end insert begin insert

(A) Child and adolescent development including sexual
orientation, gender identity, and gender expression.

end insert begin insert

(B) The effects of trauma, including grief and loss, and child
abuse or neglect on child development and behavior and methods
to behaviorally support children impacted by such trauma.

end insert begin insert

(C) The rights of a child in foster care, including the right to
have fair and equal access to all available services, placement,
care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or physical
disability, or HIV status.

end insert begin insert

(D) Positive interaction, the importance of self-esteem, and
interpersonal skills.

end insert begin insert

(E) Core practice model.

end insert begin insert

(F) An overview of the child welfare and probation systems.

end insert begin insert

(G) Prudent Parent Standard.

end insert begin insert

(H) Cultural needs of children, including, but not limited to,
instruction on cultural competency and respect relating to, and
best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

end insert begin insert

(I) Awareness and identification of commercial sexual
exploitation and best practices for providing care and supervision
to commercially sexually exploited children.

end insert begin insert

(J) The Indian Child Welfare Act that informs on its historical
significance, the rights of children covered by the act, and instructs
on the best interests of Indian children as including culturally
appropriate child centered practice that respects American Indian
history, culture, and retention of tribal membership and connection
to the tribal community.

end insert begin insert

(K) Permanence and well-being needs of children.

end insert begin insert

(L) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment
and violence free school environment pursuant to Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.

end insert begin insert

(M) Preparation of children for a successful transition to
adulthood including, but not limited to, emancipation and
independent living skills.

end insert begin insert

(N) Health issues in foster care, including, but not limited to,
the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic
medications, and trauma, behavioral health, and other available
behavioral health treatments, for children receiving child welfare
services, including how to access those treatments.

end insert begin insert

(O) De-escalation, crisis intervention, and positive behavior
management techniques.

end insert begin insert

(i) (1) Each person employed as a facility manager or staff
member of a short-term residential treatment center, who provides
direct care and supervision to children and youth residing in the
short-term residential treatment center shall be at least 21 years
of age.

end insert begin insert

(2) This subdivision shall not apply to a facility manager or
staff member employed, before October 1, 2014, at a short-term
residential treatment center which was operating under a group
home license prior to January 1, 2016.

end insert begin delete

(e)

end delete

begin insert (j) end insert  Notwithstanding any other section of this chapter, the
department begin delete shall end delete begin insert may end insert establish requirements for licensed group
homes that are transitioning to short-term residential treatment
centers, which may include, but not be limited to, requirements
related to application and plan of operation.

begin delete

(f)

end delete

begin insert (k) end insert  The department shall have the authority to inspect a
short-term residential treatment center pursuant to the system of
governmental monitoring and oversight developed by the
department on and after January 1, 2017, pursuant to subdivision
(c) of Section 11462 of the Welfare and Institutions Code.

begin delete SEC. 33. end delete
begin insert SEC. 35. end insert   

Section 1562.35 of the Health and Safety Code is
amended to read:

1562.35.  

Notwithstanding any law to the contrary, including,
but not limited to Section 1562.3, vendors approved by the
department who exclusively provide either initial or continuing
education courses for certification of administrators of an adult
residential facility as defined by the department, a group home
facility as defined by the department, a short-term residential
treatment center as defined by the department, or a residential care
facility for the elderly as defined in subdivision (k) of Section
1569.2, shall be regulated solely by the department pursuant to
this chapter. No other state or local governmental entity shall be
responsible for regulating the activity of those vendors.

begin delete SEC. 34. end delete
begin insert SEC. 36. end insert   

Section 1563 of the Health and Safety Code is
amended to read:

1563.  

(a) The department shall ensure that licensing personnel
at the department have appropriate training to properly carry out
this chapter.

(b) The department shall institute a staff development and
training program to develop among departmental staff the
knowledge and understanding necessary to successfully carry out
this chapter. Specifically, the program shall do all of the following:

(1) Provide staff with 36 hours of training per year that reflects
the needs of persons served by community care facilities. This
training shall, where appropriate, include specialized instruction
in the needs of foster children, persons with mental disorders, or
developmental or physical disabilities, or other groups served by
specialized community care facilities.

(2) Give priority to applications for employment from persons
with experience as care providers to persons served by community
care facilities.

(3) Provide new staff with comprehensive training within the
first six months of employment. This comprehensive training shall,
at a minimum, include the following core areas: administrative
action process, client populations, conducting facility visits, cultural
awareness, documentation skills, facility operations, human relation
skills, interviewing techniques, investigation processes, and
regulation administration.

(c) In addition to the requirements in subdivision (b), group
home, short-term residential treatment center, and foster family
agency licensing personnel shall receive a minimum of 24 hours
of training per year to increase their understanding of children in
group homes, short-term residential treatment centers, certified
homes, and foster family homes. The training shall cover, but not
be limited to, all of the following topics:

(1) The types and characteristics of emotionally troubled
children.

(2) The high-risk behaviors they exhibit.

(3) The biological, psychological, interpersonal, and social
contributors to these behaviors.

(4) The range of management and treatment interventions
utilized for these children, including, but not limited to, nonviolent,
emergency intervention techniques.

(5) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

begin insert

(d) The training described in subdivisions (b) and (c) may
include the following topics:

end insert begin insert

(1) An overview of the child protective and probation systems.

end insert begin insert

(2) The effects of trauma, including grief and loss, and child
abuse or neglect on child development and behavior, and methods
to behaviorally support children impacted by that trauma.

end insert begin insert

(3) Positive discipline, the importance of self-esteem, and
interpersonal skills.

end insert begin insert

(4) Health issues in foster care, including, but not limited to,
the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic
medications, and trauma, behavioral health, and other behavioral
health treatments, for children receiving child welfare services,
including how to access those treatments.

end insert begin insert

(5) Accessing education, health, and behavioral health services
available to foster children.

end insert begin insert

(6) Cultural needs of children, including, but not limited to,
instruction on cultural competency and respect relating to, and
best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

end insert begin insert

(7) Understanding how to use best practices for providing care
and supervision to commercially sexually exploited children.

end insert begin insert

(8) Understanding the Indian Child Welfare Act, its historical
significance, the rights of children covered by the act, and the best
interests of those children, including the role of the caregiver in
supporting culturally appropriate, child-centered practices that
respect Native American history, culture, retention of tribal
membership, and connection to the tribal community and traditions.

end insert begin insert

(9) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment
and violence free school environment pursuant to Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.

end insert begin insert

(10) Permanence and well-being needs of children.

end insert begin insert

(11) Child and adolescent development and sexual orientation,
gender identify, and gender expression.

end insert begin insert

(12) The role of foster parents, including working cooperatively
with the child welfare agency, the child’s family, and other service
providers implementing the case plan.

end insert begin insert

(13) A foster parent’s responsibility to act as a reasonable and
prudent parent; and to provide a family setting that promotes
normal childhood experiences and that serves the needs of the
child.

end insert begin insert

(14) Preparation of children for a successful transition to
adulthood.

end insert begin insert

(15) De-escalation, crisis intervention, and positive behavior
management techniques.

end insert

begin delete SEC. 35. end delete
begin insert SEC. 37. end insert   

Section 1567.4 of the Health and Safety Code is
amended to read:

1567.4.  

The State Department of Social Services shall provide,
at cost, quarterly to each county and to each city, upon the request
of the county or city, and to the chief probation officer of each
county and city and county, a roster of all community care facilities
licensed as small family homes, short-term residential treatment
centers, or group homes located in the county, which provide
services to wards of the juvenile court, including information as
to whether each facility is licensed by the state or the county, the
type of facility, and the licensed bed capacity of each such facility.
Information concerning the facility shall be limited to that available
through the computer system of the State Department of Social
Services.

begin delete SEC. 36. end delete
begin insert SEC. 38. end insert   

Section 11105.2 of the Penal Code is amended to
read:

11105.2.  

(a) The Department of Justice may provide
subsequent state or federal arrest or disposition notification to any
entity authorized by state or federal law to receive state or federal
summary criminal history information to assist in fulfilling
employment, licensing, certification duties, or the duties of
approving relative caregivers, nonrelative extended family
members, and resource families upon the arrest or disposition of
any person whose fingerprints are maintained on file at the
Department of Justice or the Federal Bureau of Investigation as
the result of an application for licensing, employment, certification,
or approval. Nothing in this section shall authorize the notification
of a subsequent disposition pertaining to a disposition that does
not result in a conviction, unless the department has previously
received notification of the arrest and has previously lawfully
notified a receiving entity of the pending status of that arrest. When
the department supplies subsequent arrest or disposition notification
to a receiving entity, the entity shall, at the same time, expeditiously
furnish a copy of the information to the person to whom it relates
if the information is a basis for an adverse employment, licensing,
or certification decision. When furnished other than in person, the
copy shall be delivered to the last contact information provided
by the applicant.

(b) For purposes of this section, “approval” means those duties
described in subdivision (d) of Section 309 of the Welfare and
Institutions Code for approving the home of a relative caregiver
or of a nonrelative extended family member for placement of a
child supervised by the juvenile court, and those duties in Section
16519.5 of the Welfare and Institutions Code for resource families.

(c) Any entity, other than a law enforcement agency employing
peace officers as defined in Section 830.1, subdivisions (a) and
(e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions
(a) and (b) of Section 830.5, and subdivision (a) of Section 830.31,
shall enter into a contract with the Department of Justice in order
to receive notification of subsequent state or federal arrests or
dispositions for licensing, employment, or certification purposes.

(d) Any entity that submits the fingerprints of applicants for
licensing, employment, certification, or approval to the Department
of Justice for the purpose of establishing a record of the applicant
to receive notification of subsequent state or federal arrests or
dispositions shall immediately notify the department when the
employment of the applicant is terminated, when the applicant’s
license or certificate is revoked, when the applicant may no longer
renew or reinstate the license or certificate, or when a relative
caregiver’s or nonrelative extended family member’s approval is
terminated. The Department of Justice shall terminate state or
federal subsequent notification on any applicant upon the request
of the licensing, employment, certifying, or approving authority.

(e) Any entity that receives a notification of a state or federal
subsequent arrest or disposition for a person unknown to the entity,
or for a person no longer employed by the entity, or no longer
eligible to renew the certificate or license for which subsequent
notification service was established shall immediately return the
subsequent notification to the Department of Justice, informing
the department that the entity is no longer interested in the
applicant. The entity shall not record or otherwise retain any
information received as a result of the subsequent notice.

(f) Any entity that submits the fingerprints of an applicant for
employment, licensing, certification, or approval to the Department
of Justice for the purpose of establishing a record at the department
or the Federal Bureau of Investigation to receive notification of
subsequent arrest or disposition shall immediately notify the
department if the applicant is not subsequently employed, or if the
applicant is denied licensing certification, or approval.

(g) An entity that fails to provide the Department of Justice with
notification as set forth in subdivisions (c), (d), and (e) may be
denied further subsequent notification service.

(h) Notwithstanding subdivisions (c), (d), and (f), subsequent
notification by the Department of Justice and retention by the
employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.

begin delete SEC. 37. end delete
begin insert SEC. 39. end insert   

Section 11105.3 of the Penal Code is amended to
read:

11105.3.  

(a) Notwithstanding any other law, a human resource
agency or an employer may request from the Department of Justice
records of all convictions or any arrest pending adjudication
involving the offenses specified in subdivision (a) of Section 15660
of the Welfare and Institutions Code of a person who applies for
a license, employment, or volunteer position, in which he or she
would have supervisory or disciplinary power over a minor or any
person under his or her care. The department shall furnish the
information to the requesting employer and shall also send a copy
of the information to the applicant.

(b) Any request for records under subdivision (a) shall include
the applicant’s fingerprints, which may be taken by the requester,
and any other data specified by the department. The request shall
be on a form approved by the department, and the department may
charge a fee to be paid by the employer, human resource agency,
or applicant for the actual cost of processing the request. However,
no fee shall be charged to a nonprofit organization. Requests
received by the department for federal level criminal offender
record information shall be forwarded to the Federal Bureau of
Investigation by the department to be searched for any record of
arrests or convictions.

(c) (1) When a request pursuant to this section reveals that a
prospective employee or volunteer has been convicted of a
violation or attempted violation of Section 220, 261.5, 262, 273a,
273d, or 273.5, or any sex offense listed in Section 290, except
for the offense specified in subdivision (d) of Section 243.4, and
where the agency or employer hires the prospective employee or
volunteer, the agency or employer shall notify the parents or
guardians of any minor who will be supervised or disciplined by
the employee or volunteer. A conviction for a violation or
attempted violation of an offense committed outside the State of
California shall be included in this notice if the offense would have
been a crime specified in this subdivision if committed in
California. The notice shall be given to the parents or guardians
with whom the child resides, and shall be given at least 10 days
prior to the day that the employee or volunteer begins his or her
duties or tasks. Notwithstanding any other law, any person who
conveys or receives information in good faith and in conformity
with this section is exempt from prosecution under Section 11142
or 11143 for that conveying or receiving of information.
Notwithstanding subdivision (d), the notification requirements of
this subdivision shall apply as an additional requirement of any
other provision of law requiring criminal record access or
dissemination of criminal history information.

(2) The notification requirement pursuant to paragraph (1) shall
not apply to a misdemeanor conviction for violating Section 261.5
or to a conviction for violating Section 262 or 273.5. Nothing in
this paragraph shall preclude an employer from requesting records
of convictions for violating Section 261.5, 262, or 273.5 from the
Department of Justice pursuant to this section.

(d) Nothing in this section supersedes any law requiring criminal
record access or dissemination of criminal history information. In
any conflict with another statute, dissemination of criminal history
information shall be pursuant to the mandatory statute. This
subdivision applies to, but is not limited to, requirements pursuant
to Article 1 (commencing with Section 1500) of Chapter 3 of, and
Chapter 3.2 (commencing with Section 1569) and Chapter 3.4
(commencing with Section 1596.70) of, Division 2 of, and Section
1522 of, the Health and Safety Code, and Sections 8712, 8811,
and 8908 of the Family Code, and Section 16519.5 of the Welfare
and Institutions Code.

(e) The department may adopt regulations to implement the
provisions of this section as necessary.

(f) As used in this section, “employer” means any nonprofit
corporation or other organization specified by the Attorney General
that employs or uses the services of volunteers in positions in
which the volunteer or employee has supervisory or disciplinary
power over a child or children.

(g) As used in this section, “human resource agency” means a
public or private entity, excluding any agency responsible for
licensing of facilities pursuant to the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500)), the
California Residential Care Facilities for the Elderly Act (Chapter
3.2 (commencing with Section 1569)), Chapter 3.01 (commencing
with Section 1568.01), and the California Child Day Care Facilities
Act (Chapter 3.4 (commencing with Section 1596.70)) of Division
2 of the Health and Safety Code, responsible for determining the
character and fitness of a person who is:

(1) Applying for a license, employment, or as a volunteer within
the human services field that involves the care and security of
children, the elderly, the handicapped, or the mentally impaired.

(2) Applying to be a volunteer who transports individuals
impaired by drugs or alcohol.

(3) Applying to adopt a child or to be a foster parent.

(h) Except as provided in subdivision (c), any criminal history
information obtained pursuant to this section is confidential and
no recipient shall disclose its contents other than for the purpose
for which it was acquired.

(i) As used in this subdivision, “community youth athletic
program” means an employer having as its primary purpose the
promotion or provision of athletic activities for youth under 18
years of age.

(j) A community youth athletic program, as defined in
subdivision (i), may request state and federal level criminal history
information pursuant to subdivision (a) for a volunteer coach or
hired coach candidate. The director of the community youth athletic
program shall be the custodian of records.

(k) The community youth athletic program may request from
the Department of Justice subsequent arrest notification service,
as provided in Section 11105.2, for a volunteer coach or a hired
coach candidate.

(l) Compliance with this section does not remove or limit the
liability of a mandated reporter pursuant to Section 11166.

begin delete

SEC. 38.  

Section 361.2 of the Welfare and Institutions Code
is amended to read:

361.2.  

(a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a parent
of the child, with whom the child was not residing at the time that
the events or conditions arose that brought the child within the
provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the child
with the parent unless it finds that placement with that parent would
be detrimental to the safety, protection, or physical or emotional
well-being of the child. The fact that the parent is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent shall not be, for that reason
alone, prima facie evidence that placement with that parent would
be detrimental.

(b) If the court places the child with that parent it may do any
of the following:

(1) Order that the parent become legal and physical custodian
of the child. The court may also provide reasonable visitation by
the noncustodial parent. The court shall then terminate its
jurisdiction over the child. The custody order shall continue unless
modified by a subsequent order of the superior court. The order
of the juvenile court shall be filed in any domestic relation
proceeding between the parents.

(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take
the action described in this paragraph, the court shall consider any
concerns that have been raised by the child’s current caregiver
regarding the parent. After the social worker conducts the home
visit and files his or her report with the court, the court may then
take the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply
that the court is required to take the action described in this
paragraph as a prerequisite to the court taking the action described
in either paragraph (1) or (3).

(3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.

(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).

(d) Part 6 (commencing with Section 7950) of Division 12 of
the Family Code shall apply to the placement of a child pursuant
to paragraphs (1) and (2) of subdivision (e).

(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may
place the child in any of the following:

(1) The home of a noncustodial parent as described in
subdivision (a), regardless of the parent’s immigration status.

(2) The approved home of a relative, regardless of the relative’s
immigration status.

(3) The approved home of a nonrelative extended family
member as defined in Section 362.7.

(4) The approved home of a resource family as defined in
Section 16519.5.

(5) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best interest
of the child and space is available.

(6) A suitable licensed community care facility, except a
runaway and homeless youth shelter licensed by the State
Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code.

(7) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home that has been
certified by the agency as meeting licensing standards.

(8) A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

(9) A child under six years of age shall not be placed in a
community care facility licensed as a group home for children, a
short-term residential treatment center as defined in subdivision
(ad) of Section 11400, or a temporary shelter care facility as
defined in Section 1530.8 of the Health and Safety Code, except
under any of the following circumstances:

(A) (i) When a case plan indicates that placement is for purposes
of providing short-term, specialized, and intensive treatment to
the child, the case plan specifies the need for, nature of, and
anticipated duration of this treatment, pursuant to paragraph (2)
of subdivision (c) of Section 16501.1, the case plan includes
transitioning the child to a less restrictive environment and the
projected timeline by which the child will be transitioned to a less
restrictive environment, and the facility meets the applicable
regulations adopted under Section 1530.8 of the Health and Safety
Code and standards developed pursuant to Section 11467.1 of this
code, and the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department has approved the case
plan.

(ii) The short-term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress
toward or is actively working toward implementing the case plan
that identifies the services or supports necessary to transition the
child to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(iii) To the extent that placements pursuant to this paragraph
are extended beyond an initial 120 days, the requirements of
clauses (i) and (ii) shall apply to each extension. In addition, the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer of
the county probation department shall approve the continued
placement no less frequently than every 60 days.

(B) When a case plan indicates that placement is for purposes
of providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:

(i) The child’s parent is also a ward of the court and resides in
the facility.

(ii) The child’s parent is participating in a treatment program
affiliated with the facility and the child’s placement in the facility
facilitates the coordination and provision of reunification services.

(iii) Placement in the facility is the only alternative that permits
the parent to have daily 24-hour access to the child in accordance
with the case plan, to participate fully in meeting all of the daily
needs of the child, including feeding and personal hygiene, and to
have access to necessary reunification services.

(10) (A) A child who is 6 to 12 years of age, inclusive, may be
placed in a community care facility licensed as a group home for
children or a short-term residential treatment center as defined in
subdivision (ad) of Section 11400, only when a case plan indicates
that placement is for purposes of providing short-term, specialized,
and intensive treatment for the child, the case plan specifies the
need for, nature of, and anticipated duration of this treatment,
pursuant to paragraph (2) of subdivision (c) of Section 16501.1,
the case plan includes transitioning the child to a less restrictive
environment and the projected timeline by which the child will be
transitioned to a less restrictive environment, and is approved by
the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department.

(B) The short term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(C) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of
subparagraphs (A) and (B) shall apply to each extension. In
addition, the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department shall approve the
continued placement no less frequently than every 60 days.

(11) A child may be placed into a community care facility
licensed as a group home or a short-term residential treatment
center, as defined in subdivision (ad) of Section 11400, only when
the case plan indicates that placement is for purposes of providing
short-term, specialized, and intensive treatment for the child, the
case plan specifies the need for, nature of, and anticipated duration
of this treatment, pursuant to paragraph (2) of subdivision (c) of
Section 16501.1, and the case plan includes transitioning the child
to a less restrictive environment and the projected timeline by
which the child will be transitioned to a less restrictive
environment.

(12) A licensed short-term residential treatment center, as
defined in paragraph (18) of subdivision (a) of Section 1502 of
the Health and Safety Code, provided he or she meets at least one
of the following conditions:

(A) The child has been assessed as meeting the medical necessity
criteria for specialty mental health services under the Medi-Cal
Early and Periodic Screening, Diagnosis, and Treatment program,
as the criteria are described in Section 1830.210 of Title 9 of the
California Code of Regulations.

(B) The child has been assessed as having an emotional
disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations.

(C) The child has been assessed as requiring the level of services
provided to maintain the safety of the child or others due to
behaviors that render the child or those around the child unsafe,
or that prevent the effective delivery of needed services and
supports provided in the child’s own home or in other family
settings, such as with a relative, guardian, foster family, resource
family, or adoptive family. In certain circumstances, this may
include the following children:

(i) A commercially or sexually exploited child.

(ii) A juvenile sex offender.

(iii) A child who is affiliated with or impacted by a gang.

(13) A licensed foster family agency, as defined in paragraph
(4) of subdivision (a) of Section 1502 of the Health and Safety
Code, which provides treatment services, if he or she meets at least
one of the following conditions:

(A) A child who has been assessed as meeting the medical
necessity criteria for specialty mental health services under the
Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment
program, as the criteria are described in Section 1830.210 of Title
9 of the California Code of Regulations.

(B) A child assessed as having an emotional disturbance
pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations.

(C) A child who has been assessed as requiring the level of
services to meet his or her behavioral or therapeutic needs.

(14) The assessments described in paragraphs (12) and (13)
shall be made pursuant to subparagraphs (C) and (D) of paragraph
(1) of subdivision (a) of Section 11462.01.

(15) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United
States, except as specified in subdivision (f).

(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best interest
of the child, except as required by federal law or treaty.

(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and shall show,
by clear and convincing evidence, that placement outside the
United States is in the best interest of the child.

(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:

(A) Placement with a relative.

(B) Placement of siblings in the same home.

(C) Amount and nature of any contact between the child and
the potential guardian or caretaker.

(D) Physical and medical needs of the dependent child.

(E) Psychological and emotional needs of the dependent child.

(F) Social, cultural, and educational needs of the dependent
child.

(G) Specific desires of any dependent child who is 12 years of
age or older.

(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.

(5) For purposes of this subdivision, “outside the United States”
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.

(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).

(g) (1) If the child is taken from the physical custody of the
child’s parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child’s parent or guardian in order to facilitate
reunification of the family.

(2) In the event that there are no appropriate placements
available in the parent’s or guardian’s county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent’s or guardian’s
community of residence.

(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child’s placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent’s or guardian’s
reason for the move.

(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child’s parent’s or guardian’s
county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child’s case
plan. If the reason the out-of-county placement is necessary is the
lack of resources in the sending county to meet the specific needs
of the child, those specific resource needs shall be documented in
the case plan.

(5) When it has been determined that a child is to be placed out
of county either in a group home or a short-term residential
treatment center, or with a foster family agency for subsequent
placement in a certified foster family home, and the sending county
is to maintain responsibility for supervision and visitation of the
child, the sending county shall develop a plan of supervision and
visitation that specifies the supervision and visitation activities to
be performed and specifies that the sending county is responsible
for performing those activities. In addition to the plan of
supervision and visitation, the sending county shall document
information regarding any known or suspected dangerous behavior
of the child that indicates the child may pose a safety concern in
the receiving county. The plan of supervision and visitation, as
well as information regarding any known or suspected dangerous
behavior of the child, shall be made available to the receiving
county upon placement of the child in the receiving county. If
placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of
the next business day.

(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.

(h) Whenever the social worker must change the placement of
the child and is unable to find a suitable placement within the
county and must place the child outside the county, the placement
shall not be made until he or she has served written notice on the
parent or guardian at least 14 days prior to the placement, unless
the child’s health or well-being is endangered by delaying the
action or would be endangered if prior notice were given. The
notice shall state the reasons which require placement outside the
county. The parent or guardian may object to the placement not
later than seven days after receipt of the notice and, upon objection,
the court shall hold a hearing not later than five days after the
objection and prior to the placement. The court shall order
out-of-county placement if it finds that the child’s particular needs
require placement outside the county.

(i) When the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child’s
grandparents. The court shall clearly specify those rights to the
social worker.

(j) When the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court’s
jurisdiction, or any nondependent siblings in the physical custody
of a parent subject to the court’s jurisdiction, the nature of the
relationship between the child and his or her siblings, the
appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002, and the impact of the
sibling relationships on the child’s placement and planning for
legal permanence.

(k) (1) An agency shall ensure placement of a child in a home
that, to the fullest extent possible, best meets the day-to-day needs
of the child. A home that best meets the day-to-day needs of the
child shall satisfy all of the following criteria:

(A) The child’s caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.

(B) The child’s caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.

(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.

(2) The foster child’s caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child’s caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.

end delete

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 361.2 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

361.2.  

(a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a parent
of the child, with whom the child was not residing at the time that
the events or conditions arose that brought the child within the
provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the child
with the parent unless it finds that placement with that parent would
be detrimental to the safety, protection, or physical or emotional
well-being of the child. The fact that the parent is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent shall not be, for that reason
alone, prima facie evidence that placement with that parent would
be detrimental.

(b) If the court places the child with that parent it may do any
of the following:

(1) Order that the parent become legal and physical custodian
of the child. The court may also provide reasonable visitation by
the noncustodial parent. The court shall then terminate its
jurisdiction over the child. The custody order shall continue unless
modified by a subsequent order of the superior court. The order
of the juvenile court shall be filed in any domestic relation
proceeding between the parents.

(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take
the action described in this paragraph, the court shall consider any
concerns that have been raised by the child’s current caregiver
regarding the parent. After the social worker conducts the home
visit and files his or her report with the court, the court may then
take the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply
that the court is required to take the action described in this
paragraph as a prerequisite to the court taking the action described
in either paragraph (1) or (3).

(3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.

(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).

(d) Part 6 (commencing with Section 7950) of Division 12 of
the Family Code shall apply to the placement of a child pursuant
to paragraphs (1) and (2) of subdivision (e).

(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may
place the child in any of the following:

(1) The home of a noncustodial parent as described in
subdivision (a), regardless of the parent’s immigration status.

(2) The approved home of a relative, regardless of the relative’s
immigration status.

(3) The approved home of a nonrelative extended family
member as defined in Section 362.7.

(4) The approved home of a resource family as defined in
Section 16519.5.

(5) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best interest
of the child and space is available.

(6) A suitable licensed community care facility, except a
runaway and homeless youth shelter licensed by the State
Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code.

(7) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has
been certified by the agency as meeting licensing standards.

(8) A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

(9) A child under six years of age may be placed in a community
care facility licensed as a group home for children, or a temporary
shelter care facility as defined in Section 1530.8 of the Health and
Safety Code, only under any of the following circumstances:

(A) (i) When a case plan indicates that placement is for purposes
of providing short term, specialized, and intensive treatment to the
child, the case plan specifies the need for, nature of, and anticipated
duration of this treatment, pursuant to paragraph (2) of subdivision
(c) of Section 16501.1, the facility meets the applicable regulations
adopted under Section 1530.8 of the Health and Safety Code and
standards developed pursuant to Section 11467.1 of this code, and
the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department has approved the case
plan.

(ii) The short term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress
toward or is actively working toward implementing the case plan
that identifies the services or supports necessary to transition the
child to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(iii) To the extent that placements pursuant to this paragraph
are extended beyond an initial 120 days, the requirements of
clauses (i) and (ii) shall apply to each extension. In addition, the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer of
the county probation department shall approve the continued
placement no less frequently than every 60 days.

(B) When a case plan indicates that placement is for purposes
of providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:

(i) The child’s parent is also a ward of the court and resides in
the facility.

(ii) The child’s parent is participating in a treatment program
affiliated with the facility and the child’s placement in the facility
facilitates the coordination and provision of reunification services.

(iii) Placement in the facility is the only alternative that permits
the parent to have daily 24-hour access to the child in accordance
with the case plan, to participate fully in meeting all of the daily
needs of the child, including feeding and personal hygiene, and to
have access to necessary reunification services.

(10) (A) A child who is 6 to 12 years of age, inclusive, may be
placed in a community care facility licensed as a group home for
children only when a case plan indicates that placement is for
purposes of providing short term, specialized, and intensive
treatment for the child, the case plan specifies the need for, nature
of, and anticipated duration of this treatment, pursuant to paragraph
(2) of subdivision (c) of Section 16501.1, and is approved by the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer of
the county probation department.

(B) The short term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(C) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of
subparagraphs (A) and (B) shall apply to each extension. In
addition, the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department shall approve the
continued placement no less frequently than every 60 days.

(11) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United
States, except as specified in subdivision (f).

(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best interest
of the child, except as required by federal law or treaty.

(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and shall show,
by clear and convincing evidence, that placement outside the
United States is in the best interest of the child.

(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:

(A) Placement with a relative.

(B) Placement of siblings in the same home.

(C) Amount and nature of any contact between the child and
the potential guardian or caretaker.

(D) Physical and medical needs of the dependent child.

(E) Psychological and emotional needs of the dependent child.

(F) Social, cultural, and educational needs of the dependent
child.

(G) Specific desires of any dependent child who is 12 years of
age or older.

(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.

(5) For purposes of this subdivision, “outside the United States”
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.

(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).

(g) (1) If the child is taken from the physical custody of the
child’s parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child’s parent or guardian in order to facilitate
reunification of the family.

(2) In the event that there are no appropriate placements
available in the parent’s or guardian’s county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent’s or guardian’s
community of residence.

(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child’s placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent’s or guardian’s
reason for the move.

(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child’s parent’s or guardian’s
county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child’s case
plan. If the reason the out-of-county placement is necessary is the
lack of resources in the sending county to meet the specific needs
of the child, those specific resource needs shall be documented in
the case plan.

(5) When it has been determined that a child is to be placed out
of county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and
the sending county is to maintain responsibility for supervision
and visitation of the child, the sending county shall develop a plan
of supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of
supervision and visitation, as well as information regarding any
known or suspected dangerous behavior of the child, shall be made
available to the receiving county upon placement of the child in
the receiving county. If placement occurs on a weekend or holiday,
the information shall be made available to the receiving county on
or before the end of the next business day.

(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.

(h) Whenever the social worker must change the placement of
the child and is unable to find a suitable placement within the
county and must place the child outside the county, the placement
shall not be made until he or she has served written notice on the
parent or guardian at least 14 days prior to the placement, unless
the child’s health or well-being is endangered by delaying the
action or would be endangered if prior notice were given. The
notice shall state the reasons which require placement outside the
county. The parent or guardian may object to the placement not
later than seven days after receipt of the notice and, upon objection,
the court shall hold a hearing not later than five days after the
objection and prior to the placement. The court shall order
out-of-county placement if it finds that the child’s particular needs
require placement outside the county.

(i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child’s
grandparents. The court shall clearly specify those rights to the
social worker.

(j) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court’s
jurisdiction, or any nondependent siblings in the physical custody
of a parent subject to the court’s jurisdiction, the nature of the
relationship between the child and his or her siblings, the
appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002, and the impact of the
sibling relationships on the child’s placement and planning for
legal permanence.

(k) (1) An agency shall ensure placement of a child in a home
that, to the fullest extent possible, best meets the day-to-day needs
of the child. A home that best meets the day-to-day needs of the
child shall satisfy all of the following criteria:

(A) The child’s caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.

(B) The child’s caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.

(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.

(2) The foster child’s caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child’s caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.

begin insert

(3) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 361.2 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 361.2. end insert   

(a) When a court orders removal of a child pursuant
to Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the
time that the events or conditions arose that brought the child
within the provisions of Section 300, who desires to assume custody
of the child. If that parent requests custody, the court shall place
the child with the parent unless it finds that placement with that
parent would be detrimental to the safety, protection, or physical
or emotional well-being of the child. The fact that the parent is
enrolled in a certified substance abuse treatment facility that allows
a dependent child to reside with his or her parent shall not be, for
that reason alone, prima facie evidence that placement with that
parent would be detrimental.

(b) If the court places the child with that parent it may do any
of the following:

(1) Order that the parent become legal and physical custodian
of the child. The court may also provide reasonable visitation by
the noncustodial parent. The court shall then terminate its
jurisdiction over the child. The custody order shall continue unless
modified by a subsequent order of the superior court. The order
of the juvenile court shall be filed in any domestic relation
proceeding between the parents.

(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child’s current caregiver
regarding the parent. After the social worker conducts the home
visit and files his or her report with the court, the court may then
take the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply
that the court is required to take the action described in this
paragraph as a prerequisite to the court taking the action described
in either paragraph (1) or (3).

(3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.

(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a)
and (b).

(d) Part 6 (commencing with Section 7950) of Division 12 of
the Family Code shall apply to the placement of a child pursuant
to paragraphs (1) and (2) of subdivision (e).

(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may
place the child in any of the following:

(1) The home of a noncustodial parent as described in
subdivision (a), regardless of the parent’s immigration status.

(2) The approved home of a relative, regardless of the relative’s
immigration status.

(3) The approved home of a nonrelative extended family member
as defined in Section 362.7.

(4) The approved home of a resource family as defined in
Section 16519.5.

(5) A foster home considering first a foster home in which the
child has been placed before an interruption in foster care, if that
placement is in the best interest of the child and space is available.

(6) A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

(7) A suitable licensed community care facility, except a
runaway and homeless youth shelter licensed by the State
Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code.

(8) With a foster family agency that meets the mental health
certification requirements of Section 11462.01, to be placed in a
suitable family home certified by the agency as meeting licensing
standards.

(9) A child of any age who is placed in a community care facility
licensed as a group home for children or a short-term residential
treatment center as defined in subdivision (ad) of Section 11400,
shall have a case plan that indicates that placement is for purposes
of providing short term, specialized, and intensive treatment for
the child, the case plan specifies the need for, nature of, and
anticipated duration of this treatment, pursuant to paragraph (2)
of subdivision (c) of Section 16501.1, and the case plan includes
transitioning the child to a less restrictive environment and the
projected timeline by which the child will be transitioned to a less
restrictive environment; and the placement is approved by the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer
of the county probation department.

(A) A child under six years of age shall not be placed in a
community care facility licensed as a group home for children, or
a temporary shelter care facility as defined in Section 1530.8 of
the Health and Safety Code, except under the following
circumstances:

(i) When the facility meets the applicable regulations adopted
under Section 1530.8 of the Health and Safety Code and standards
developed pursuant to Section 11467.1 of this code, and the deputy
director or director of the county child welfare department or an
assistant chief probation officer or chief probation officer of the
county probation department has approved the case plan.

(ii) The short term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress
toward or is actively working toward implementing the case plan
that identifies the services or supports necessary to transition the
child to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(iii) To the extent that placements pursuant to this paragraph
are extended beyond an initial 120 days, the requirements of
clauses (i) and (ii) shall apply to each extension. In addition, the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer
of the county probation department shall approve the continued
placement no less frequently than every 60 days.

(iv) In addition, when a case plan indicates that placement is
for purposes of providing family reunification services. The facility
shall offer family reunification services that meet the needs of the
individual child and his or her family, permit parents to have
reasonable access to their children 24 hours a day, encourage
extensive parental involvement in meeting the daily needs of their
children, and employ staff trained to provide family reunification
services. In addition, one of the following conditions exists:

(I) The child’s parent is also a ward of the court and resides in
the facility.

(II) The child’s parent is participating in a treatment program
affiliated with the facility and the child’s placement in the facility
facilitates the coordination and provision of reunification services.

(III) Placement in the facility is the only alternative that permits
the parent to have daily 24-hour access to the child in accordance
with the case plan, to participate fully in meeting all of the daily
needs of the child, including feeding and personal hygiene, and to
have access to necessary reunification services.

(B) A child who is 6 to 12 years of age, inclusive, may be placed
in a community care facility licensed as a group home for children
or a short-term residential treatment center under the following
conditions.

(i) The short term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county’s control have
prevented the county from obtaining those services or supports
within the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a deputy director or director of the
county child welfare department or an assistant chief probation
officer or chief probation officer of the county probation
department.

(ii) To the extent that placements pursuant to this paragraph
are extended beyond an initial six months, the requirements of this
subparagraph shall apply to each extension. In addition, the deputy
director or director of the county child welfare department or an
assistant chief probation officer or chief probation officer of the
county probation department shall approve the continued
placement no less frequently than every 60 days.

(10) Any child placed in a short-term residential treatment
center shall be either of the following:

(A) A child who has been assessed as meeting one of the
placement requirements set forth in subdivisions (d) and (e) of
Section 11462.01.

(B) A child under 6 years of age who is placed with his or her
minor parent or for the purpose of reunification pursuant to clause
(iv) of subparagraph (A) of paragraph (9).

(11) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United
States, except as specified in subdivision (f).

(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best interest
of the child, except as required by federal law or treaty.

(2) The party or agency requesting placement of the child
outside the United States shall carry the burden of proof and shall
show, by clear and convincing evidence, that placement outside
the United States is in the best interest of the child.

(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:

(A) Placement with a relative.

(B) Placement of siblings in the same home.

(C) Amount and nature of any contact between the child and
the potential guardian or caretaker.

(D) Physical and medical needs of the dependent child.

(E) Psychological and emotional needs of the dependent child.

(F) Social, cultural, and educational needs of the dependent
child.

(G) Specific desires of any dependent child who is 12 years of
age or older.

(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.

(5) For purposes of this subdivision, “outside the United States”
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.

(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).

(g) (1) If the child is taken from the physical custody of the
child’s parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child’s parent or guardian in order to facilitate
reunification of the family.

(2) In the event that there are no appropriate placements
available in the parent’s or guardian’s county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent’s or guardian’s
community of residence.

(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child’s placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent’s or guardian’s
reason for the move.

(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child’s parent’s or
guardian’s county of residence, the specific reason the
out-of-county placement is necessary shall be documented in the
child’s case plan. If the reason the out-of-county placement is
necessary is the lack of resources in the sending county to meet
the specific needs of the child, those specific resource needs shall
be documented in the case plan.

(5) When it has been determined that a child is to be placed out
of county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and
the sending county is to maintain responsibility for supervision
and visitation of the child, the sending county shall develop a plan
of supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected
dangerous behavior of the child that indicates the child may pose
a safety concern in the receiving county. Upon implementation of
the Child Welfare Services Case Management System, the plan of
supervision and visitation, as well as information regarding any
known or suspected dangerous behavior of the child, shall be made
available to the receiving county upon placement of the child in
the receiving county. If placement occurs on a weekend or holiday,
the information shall be made available to the receiving county
on or before the end of the next business day.

(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to
placement of the child in the receiving county. In addition, upon
completion of the case plan, the sending county shall provide a
copy of the completed case plan to the receiving county. The case
plan shall include information regarding any known or suspected
dangerous behavior of the child that indicates the child may pose
a safety concern to the receiving county.

(h) Whenever the social worker must change the placement of
the child and is unable to find a suitable placement within the
county and must place the child outside the county, the placement
shall not be made until he or she has served written notice on the
parent or guardian at least 14 days prior to the placement, unless
the child’s health or well-being is endangered by delaying the
action or would be endangered if prior notice were given. The
notice shall state the reasons which require placement outside the
county. The parent or guardian may object to the placement not
later than seven days after receipt of the notice and, upon
objection, the court shall hold a hearing not later than five days
after the objection and prior to the placement. The court shall
order out-of-county placement if it finds that the child’s particular
needs require placement outside the county.

(i) If the court has ordered removal of the child from the physical
custody of his or her parents pursuant to Section 361, the court
shall consider whether the family ties and best interest of the child
will be served by granting visitation rights to the child’s
grandparents. The court shall clearly specify those rights to the
social worker.

(j) If the court has ordered removal of the child from the physical
custody of his or her parents pursuant to Section 361, the court
shall consider whether there are any siblings under the court’s
jurisdiction, or any nondependent siblings in the physical custody
of a parent subject to the court’s jurisdiction, the nature of the
relationship between the child and his or her siblings, the
appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002, and the impact of the
sibling relationships on the child’s placement and planning for
legal permanence.

(k) (1) An agency shall ensure placement of a child in a home
that, to the fullest extent possible, best meets the day-to-day needs
of the child. A home that best meets the day-to-day needs of the
child shall satisfy all of the following criteria:

(A) The child’s caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.

(B) The child’s caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.

(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.

(2) The foster child’s caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child’s caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.

(l) This section shall become operative on January 1, 2017.

end insert

begin delete SEC. 39. end delete
begin insert SEC. 42. end insert   

Section 706.6 of the Welfare and Institutions Code
is amended to read:

706.6.  

(a) Services to minors are best provided in a framework
that integrates service planning and delivery among multiple
service systems, including the mental health system, using a
team-based approach, such as a child and family team. A child
and family team brings together individuals that engage with the
child or youth and family in assessing, planning, and delivering
services. Use of a team approach increases efficiency, and thus
reduces cost, by increasing coordination of formal services and
integrating the natural and informal supports available to the child
or youth and family.

(b) (1) For the purposes of this section, “child and family team” begin delete means a supportive team that informs the process of placement
and services to children and youth in foster care or who are at risk
of foster care placement. The child and family team is comprised
of the child or youth, the child’s family, the caregiver, the placing
agency caseworker, a county mental health representative, and a
representative of the child’s or youth’s tribe or Indian custodian,
as applicable. As appropriate, the child and family team also may
include, but is not limited to, behavioral health representatives and
other formal supports, such as educational professionals and
representatives from other agencies providing services to the child
or youth and family. For purposes of this definition, the child and
family team also may include extended family and informal support
persons, such as friends, coaches, faith-based connections, and
tribes as identified by the child or youth and family. If placement
into a short-term residential treatment center or a foster family
agency that provides treatment services has occurred or is being
considered, the mental health representative is required to be a
licensed mental health professional. end delete begin insert has the same meaning as in
paragraph (4) of subdivision (a) of Section 16501. end insert

(2) The case plan shall be developed in collaboration with the
child and family team. The agency shall consider the
recommendations of the child and family team. The agency shall
document the rationale for any inconsistencies between the case
plan and the child and family team recommendations.

(c) A case plan prepared as required by Section 706.5 shall be
submitted to the court. It shall either be attached to the social study
or incorporated as a separate section within the social study. The
case plan shall include, but not be limited to, the following
information:

(1) A description of the circumstances that resulted in the minor
being placed under the supervision of the probation department
and in foster care.

(2)  begin delete An end delete begin insert A preplacement end insert assessment of the minor’s and family’s
strengths and begin insert service end insert needs begin delete and end delete begin insert documentation that preplacement
preventive services have been provided, and that reasonable efforts
to prevent out-of-home placement have been made. The assessment
shall include end insert the type of placement best equipped to meet those
needs.

(3) (A) A description of the type of home or institution in which
the minor is to be placed, begin insert and the reasons for that placement
decision, end insert including a discussion of the safety and appropriateness
of the placement, including the recommendations of the child and
family team, if available.

(B) An appropriate placement is a placement in the least
restrictive, most family-like environment, in closest proximity to
the minor’s home, that meets the minor’s best interests and special
needs.

(d)  begin delete Commencing January 1, 2017, the end delete begin insert The end insert following shall apply:

(1) The agency selecting a placement shall consider, in order
of priority:

(A) Placement with relatives, nonrelated extended family
members, and tribal members.

(B) Foster family homes and nontreatment certified homes of
foster family agencies.

(C) Treatment and intensive treatment certified homes of foster
family agencies, or multidimensional treatment foster homes or
therapeutic foster care homes.

(D) Group care placements in the following order:

(i) Short-term residential treatment centers.

(ii) Group homes.

(iii) Community treatment facilities.

(iv) Out-of-state residential treatment pursuant to Part 5
(commencing with Section 7900) of Division 12 of the Family
Code.

(2) A minor may be placed into a community care facility
licensed as a short-term residential treatment center, as defined in
subdivision (ad) of Section 11400, provided the case plan indicates
that the placement is for the purposes of providing short-term,
specialized, and intensive treatment for the minor, the case plan
specifies the need for, nature of, and anticipated duration of this
treatment, and the case plan includes transitioning the minor to a
less restrictive environment and the projected timeline by which
the minor will be transitioned to a less restrictive environment.

(e) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:

(1) Assurances that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of placement.

(2) An assurance that the placement agency has coordinated
with appropriate local educational agencies to ensure that the child
remains in the school in which the child is enrolled at the time of
placement, or, if remaining in that school is not in the best interests
of the child, assurances by the placement agency and the local
educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child’s
educational records to the new school.

(f) Specific time-limited goals and related activities designed
to enable the safe return of the minor to his or her home, or in the
event that return to his or her home is not possible, activities
designed to result in permanent placement or emancipation.
Specific responsibility for carrying out the planned activities shall
be assigned to one or more of the following:

(1) The probation department.

(2) The minor’s parent or parents or legal guardian or guardians,
as applicable.

(3) The minor.

(4) The foster parents or licensed agency providing foster care.

(g) The projected date of completion of the case plan objectives
and the date services will be terminated.

(h) (1) Scheduled visits between the minor and his or her family
and an explanation if no visits are made.

(2) Whether the child has other siblings, and, if any siblings
exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, all of the following:

(i) The frequency and nature of the visits between the siblings.

(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(iii) If there are visits between the siblings, a description of the
location and length of the visits.

(iv) Any plan to increase visitation between the siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

(F) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.

(3) The factors the court may consider in making a determination
regarding the nature of the child’s sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live with
his or her sibling, as applicable, and whether ongoing contact is
in the child’s best emotional interests.

(i) (1) When placement is made in a foster family home, group
home, or other child care institution that is either a substantial
distance from the home of the minor’s parent or legal guardian or
out-of-state, the case plan shall specify the reasons why the
placement is the most appropriate and is in the best interest of the
minor.

(2) When an out-of-state group home placement is recommended
or made, the case plan shall comply with Section 727.1 and Section
7911.1 of the Family Code. In addition, documentation of the
recommendation of the multidisciplinary team and the rationale
for this particular placement shall be included. The case plan shall
also address what in-state services or facilities were used or
considered and why they were not recommended.

(j) If applicable, efforts to make it possible to place siblings
together, unless it has been determined that placement together is
not in the best interest of one or more siblings.

(k) A schedule of visits between the minor and the probation
officer, including a monthly visitation schedule for those children
placed in group homes.

(l) Health and education information about the minor, school
records, immunizations, known medical problems, and any known
medications the minor may be taking, names and addresses of the
minor’s health and educational providers; the minor’s grade level
performance; assurances that the minor’s placement in foster care
takes into account proximity to the school in which the minor was
enrolled at the time of placement; and other relevant health and
educational information.

(m) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services that were
provided to prevent removal of the minor from the home, those
services to be provided to assist in reunification and the services
to be provided concurrently to achieve legal permanency if efforts
to reunify fail.

(n) The updated case plan prepared for a permanency planning
hearing shall include a recommendation for a permanent plan for
the minor. If, after considering reunification, adoptive placement,
legal guardianship, or permanent placement with a fit and willing
relative the probation officer recommends placement in a planned
permanent living arrangement, the case plan shall include
documentation of a compelling reason or reasons why termination
of parental rights is not in the minor’s best interest. For purposes
of this subdivision, a “compelling reason” shall have the same
meaning as in subdivision (c) of Section 727.3.

(o) Each updated case plan shall include a description of the
services that have been provided to the minor under the plan and
an evaluation of the appropriateness and effectiveness of those
services.

(p) A statement that the parent or legal guardian, and the minor
have had an opportunity to participate in the development of the
case plan, to review the case plan, to sign the case plan, and to
receive a copy of the plan, or an explanation about why the parent,
legal guardian, or minor was not able to participate or sign the case
plan.

(q) For a minor in out-of-home care who is 16 years of age or
older, a written description of the programs and services, which
will help the minor prepare for the transition from foster care to
independent living.

begin delete SEC. 40. end delete
begin insert SEC. 43. end insert   

Section 727 of the Welfare and Institutions Code is
amended to read:

727.  

(a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor or nonminor, including medical treatment, subject to further
order of the court.

(2) In the discretion of the court, a ward may be ordered to be
on probation without supervision of the probation officer. The
court, in so ordering, may impose on the ward any and all
reasonable conditions of behavior as may be appropriate under
this disposition. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any of the
offenses described in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, Section 459 of the Penal Code, or
subdivision (a) of Section 11350 of the Health and Safety Code,
shall not be eligible for probation without supervision of the
probation officer. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any offense
involving the sale or possession for sale of a controlled substance,
except misdemeanor offenses involving marijuana, as specified in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, or of an offense in violation of Section
32625 of the Penal Code, shall be eligible for probation without
supervision of the probation officer only when the court determines
that the interests of justice would best be served and states reasons
on the record for that determination.

(3) In all other cases, the court shall order the care, custody, and
control of the minor or nonminor to be under the supervision of
the probation begin delete officer who may place the minor or nonminor in any
of the following: end delete begin insert officer. end insert

begin insert

(4) It is the sole responsibility of the probation agency to
determine the appropriate placement for the ward once the court
issues a placement order. In determination of the appropriate
placement for the ward, the probation officer shall consider the
recommendations of the child and family team and shall document
the rationale for any inconsistencies between the child and family
team recommendations and the final placement of the ward. The
probation agency may place the minor or nonminor in any of the
following:

end insert

(A) The approved home of a relative or the approved home of
a nonrelative, extended family member, as defined in Section
362.7. If a decision has been made to place the minor in the home
of a relative, the court may authorize the relative to give legal
consent for the minor’s medical, surgical, and dental care and
education as if the relative caretaker were the custodial parent of
the minor.

(B)  begin delete The end delete begin insert A foster home, the end insert approved home of a resource family
as defined in Section begin delete 16519.5. end delete begin insert 16519.5, or a home or facility in
accordance with the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.). end insert

(C) A suitable licensed community care facility, begin insert as identified
by the probation officer, end insert except a runaway and homeless youth
shelter licensed by the State Department of Social Services
pursuant to Section 1502.35 of the Health and Safety Code.

begin insert

(D) A foster family agency, as defined in paragraph (4) of
subdivision (a) of Section 1502 of the Health and Safety Code, in
a suitable program in a family home, which has been certified by
the agency as meeting licensing standards. If placement is in a
treatment program, the requirements of Section 11462.01 shall be
met.

end insert begin delete

(D)

end delete

begin insert (E) end insert  Commencing January 1, 2017, a minor or nonminor
dependent may be placed in a short-term residential treatment
center as defined in paragraph (18) of subdivision (a) of Section
1502 of the Health and Safety Code, or a foster family agency, as
defined in paragraph (4) of subdivision (a) of Section 1502 of the
Health and Safety Code, that provides treatment begin delete services. end delete begin insert services,
provided that the requirements of Section 11462.01 are met. end insert

begin delete

(E)

end delete

begin insert (F) end insert  With a foster family agency to be placed in a suitable
licensed foster family home or certified family home that has been
certified by the agency as meeting licensing standards.

begin delete

(F)

end delete

begin insert (G) end insert  (i) Every minor adjudged a ward of the juvenile court begin delete who
is residing in a placement as defined in subparagraphs (A) to(E),
inclusive, end delete shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. A state or local
regulation or policy shall not prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities.
A group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1)
of subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission
for a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor’s age, maturity, and
developmental level.

(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor
at the group home in applying and using the reasonable and prudent
parent standard.

begin delete

(G)

end delete

begin insert (H) end insert  For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.

begin delete

(4)

end delete

begin insert (5) end insert  The minor or nonminor shall be released from juvenile
detention upon an order being entered under paragraph (3), unless
the court determines that a delay in the release from detention is
reasonable pursuant to Section 737.

(b) (1) To facilitate coordination and cooperation among
agencies, the court may, at any time after a petition has been filed,
after giving notice and an opportunity to be heard, join in the
juvenile court proceedings any agency that the court determines
has failed to meet a legal obligation to provide services to a minor,
for whom a petition has been filed under Section 601 or 602, to a
nonminor, as described in Section 303, or to a nonminor dependent,
as defined in subdivision (v) of Section 11400. In any proceeding
in which an agency is joined, the court shall not impose duties
upon the agency beyond those mandated by law. The purpose of
joinder under this section is to ensure the delivery and coordination
of legally mandated services to the minor. The joinder shall not
be maintained for any other purpose. Nothing in this section shall
prohibit agencies that have received notice of the hearing on joinder
from meeting prior to the hearing to coordinate services.

(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency
that has been joined as a party, that the minor, nonminor, or
nonminor dependent is eligible for those services. With respect to
mental health assessment, treatment, and case management services
pursuant to an individualized education program developed
pursuant to Article 2 (commencing with Section 56320) of Chapter
4 of Part 30 of Division 4 of Title 2 of the Education Code, the
court’s determination shall be limited to whether the agency has
complied with that chapter.

(3) For the purposes of this subdivision, “agency” means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.

begin delete

(c) When placements are made pursuant to subparagraph (D)
of paragraph (3) of subdivision (a) the following shall apply:

(1) A minor may be placed in a short-term residential treatment
center provided he or she meets at least one of the following
conditions:

(A) The child has been assessed as meeting the medical necessity
criteria for specialty mental health services under the Medi-Cal
Early and Periodic Screening, Diagnosis, and Treatment program,
as the criteria are described in Section 1830.210 of Title 9 of the
California Code of Regulations.

(B) The child has been assessed as having an emotional
disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations.

(C) The child has been assessed as requiring the level of services
provided to maintain the safety of the child or others due to
behaviors that render the child or those around the child unsafe,
or that prevent the effective delivery of needed services and
supports provided in the child’s own home or in other family
settings, such as with a relative, guardian, foster family, resource
family, or adoptive family. In certain circumstances, this may
include the following children:

(i) A commercially or sexually exploited child.

(ii) A juvenile sex offender.

(iii) A child who is affiliated with or impacted by a gang.

(2) A licensed foster family agency, as defined in paragraph (4)
of subdivision (a) of Section 1502 of the Health and Safety Code,
which provides treatment services, if he or she meets at least one
of the following conditions:

(A) A child who has been assessed as meeting the medical
necessity criteria for specialty mental health services under the
Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment
program, as the criteria are described in Section 1830.210 of Title
9 of the California Code of Regulations.

(B) A child assessed as having an emotional disturbance
pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations.

(C) A child who has been assessed as requiring the level of
services to meet his or her behavioral or therapeutic needs.

(3) The assessments described in paragraphs (1) and (2) shall
be made pursuant to subparagraphs (C) and (D) of paragraph (1)
of subdivision (a) of Section 11462.01.

(d)

end delete

begin insert (c) end insert  If a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602,
and the court finds that notice has been given in accordance with
Section 661, and if the court orders that a parent or guardian shall
retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may
be required to participate with that minor in a counseling or
education program, including, but not limited to, parent education
and parenting programs operated by community colleges, school
districts, or other appropriate agencies designated by the court.

begin delete

(e)

end delete

begin insert (d) end insert  The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), begin delete (c), and (d), end delete begin insert and (c), end insert
including orders to appear before a county financial evaluation
officer, to ensure the minor’s regular school attendance, and to
make reasonable efforts to obtain appropriate educational services
necessary to meet the needs of the minor.

If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.

begin delete SEC. 41. end delete
begin insert SEC. 44. end insert   

Section 727.1 of the Welfare and Institutions Code
is amended to read:

727.1.  

(a) When the court orders the care, custody, and control
of the minor to be under the supervision of the probation officer
for foster care placement pursuant to subdivision (a) of Section
727, the decision regarding choice of placement shall be based
upon selection of a safe setting that is the least restrictive or most
family like, and the most appropriate setting that is available and
in close proximity to the parent’s home, consistent with the
selection of the environment best suited to meet the minor’s special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, tribal members, and foster
family, group care, and residential treatment pursuant to Section
7950 of the Family Code.

(b) Unless otherwise authorized by law, the court may not order
the placement of a minor who is adjudged a ward of the court on
the basis that he or she is a person described by either Section 601
or 602 in a private residential facility or program that provides
24-hour supervision, outside of the state, unless the court finds, in
its order of placement, that all of the following conditions are met:

(1) In-state facilities or programs have been determined to be
unavailable or inadequate to meet the needs of the minor.

(2) The State Department of Social Services or its designee has
performed initial and continuing inspection of the out-of-state
residential facility or program and has either certified that the
facility or program meets the greater of all licensure standards
required of group homes or of short-term residential treatment
centers operated in California, or that the department has granted
a waiver to a specific licensing standard upon a finding that there
exists no adverse impact to health and safety, pursuant to
subdivision (c) of Section 7911.1 of the Family Code.

(3) The requirements of Section 7911.1 of the Family Code are
met.

(c) If, upon inspection, the probation officer of the county in
which the minor is adjudged a ward of the court determines that
the out-of-state facility or program is not in compliance with the
standards required under paragraph (2) of subdivision (b) or has
an adverse impact on the health and safety of the minor, the
probation officer may temporarily remove the minor from the
facility or program. The probation officer shall promptly inform
the court of the minor’s removal, and shall return the minor to the
court for a hearing to review the suitability of continued out-of-state
placement. The probation officer shall, within one business day
of removing the minor, notify the State Department of Social
Services’ Compact Administrator, and, within five working days,
submit a written report of the findings and actions taken.

(d) The court shall review each of these placements for
compliance with the requirements of subdivision (b) at least once
every six months.

(e) The county shall not be entitled to receive or expend any
public funds for the placement of a minor in an out-of-state group
home or short-term residential treatment center, unless the
conditions of subdivisions (b) and (d) are met.

begin delete SEC. 42. end delete
begin insert SEC. 45. end insert   

Section 827.11 is added to the Welfare and Institutions
Code, to read:

827.11.  

(a) The Legislature finds and declares all of the
following:

(1) It is the intent of the Legislature to ensure quality care for
children and youth who are placed in the continuum of foster care
settings.

(2) Attracting and retaining quality caregivers is critical to
achieving positive outcomes for children, youth, and families, and
to ensuring the success of child welfare improvement efforts.

(3) Quality caregivers strengthen foster care by ensuring that a
foster or relative family caring for a child provides the loving,
committed, and skilled care that the child needs, while working
effectively with the child welfare system to reach the child’s goals.

(4) Caregivers who are informed of the child’s educational,
medical, dental, and mental health history and current needs are
better able to meet those needs and address the effects of trauma,
increasing placement stability and improving permanency
outcomes.

(5) Sharing necessary information with the caregiver is a critical
component of effective service delivery for children and youth in
foster care.

(b) Therefore, consistent with state and federal law, information
shall be provided to a caregiver regarding the child’s or youth’s
educational, medical, dental, and mental health history and current
needs.

(c) This section is declaratory of existing law and is not intended
to impose a new program or higher level of service upon any local
agency. It is intended, however, that this restatement of existing
law should engender a renewed sense of commitment to engaging
foster parents in order to provide quality care to children and youth
in foster care.

begin insert

(d) No later than January 1, 2017, the department shall consult
with representatives of the County Counsels’ Association of
California, County Welfare Directors Association of California,
and stakeholders to develop regulations or identify policy changes
necessary to allow for the sharing of information as described in
this section.

end insert

begin delete SEC. 43. end delete
begin insert SEC. 46. end insert   

Section 831 is added to the Welfare and Institutions
Code, to read:

831.  

(a) (1) To promote more effective communication needed
for the development of a plan to address the needs of the child or
youth and family, a person designated as a member of a child and
family team as defined in paragraph (4) of subdivision (a) of
Section 16501 may receive and disclose relevant information and
records, subject to the confidentiality provisions of state and federal
law.

(2) Information exchanged among the team shall be received
in confidence for the limited purpose of providing necessary
services and supports to the child or youth and family and shall
not be further disclosed except to the juvenile court with
jurisdiction over the child or as otherwise required by law. Civil
and criminal penalties may apply to the inappropriate disclosure
of information held by the team.

(b) (1)  Each participant in the child and family team with legal
power to consent shall sign an authorization to release information
to team members. In the event that a child or youth who is a
dependent or ward of the juvenile court does not have the legal
power to consent to the release of information, the begin delete court end delete begin insert child’s
attorney end insert or other authorized individual may consent on behalf of
the child.

(2) Authorization to release information shall be in writing and
shall comply with all other applicable state law governing release
of medical, mental health, social service, and educational records,
and that covers identified team members, including service
providers, in order to permit the release of records to the team.

(3) This authorization shall not include release of adoption
records.

(4) The knowing and informed consent to release information
given pursuant to this section shall only be in force for the time
that the child or youth, or family, or nonminor dependent, is
participating in the child and family team.

(c) Upon obtaining the authorization to release information as
described in subdivision (b), relevant information and records may
be shared with members of the team. If the team determines that
the disclosure of information would present a reasonable risk of a
significant adverse or detrimental effect on the begin delete minor’s end delete begin insert child’s or
youth’s end insert psychological or physical safety, the information shall not
be released.

(d) Information and records communicated or provided to the
team, by all providers, programs, and agencies, as well as
information and records created by the team in the course of serving
its children, youth, and their families, shall be deemed private and
confidential and shall be protected from discovery and disclosure
by all applicable statutory and common law. Nothing in this section
shall be construed to affect the authority of a health care provider
to disclose medical information pursuant to paragraph (1) of
subdivision (c) of Section 56.10 of the Civil Code.

(e) If the child welfare agency files or records, or any portions
thereof, are privileged or confidential, pursuant to any other state
law, except Section 827, or federal law or regulation, the
requirements of that state law or federal law or regulation
prohibiting or limiting release of the child welfare agency files or
records, or any portions thereof, shall prevail.

(f) All discussions during team meetings are confidential unless
disclosure is required by law. Notwithstanding any other law,
testimony concerning any team meeting discussion is not
admissible in any criminal or civil proceeding except as provided
in paragraph (2) of subdivision (a).

(g) As used in this section, “privileged information” means any
information subject to a privilege pursuant to Division 8
(commencing with Section 900) of the Evidence Code. Disclosure
of otherwise privileged information to team members shall not be
construed to waive the privilege.

begin delete SEC. 44. end delete
begin insert SEC. 47. end insert   

Section 4094.2 of the Welfare and Institutions Code
is amended to read:

4094.2.  

(a) For the purpose of establishing payment rates for
community treatment facility programs, the private nonprofit
agencies selected to operate these programs shall prepare a budget
that covers the total costs of providing residential care and
supervision and mental health services for their proposed programs.
These costs shall include categories that are allowable under
California’s Foster Care program and existing programs for mental
health services. They shall not include educational, nonmental
health medical, and dental costs.

(b) Each agency operating a community treatment facility
program shall negotiate a final budget with the local mental health
department in the county in which its facility is located (the host
county) and other local agencies, as appropriate. This budget
agreement shall specify the types and level of care and services to
be provided by the community treatment facility program and a
payment rate that fully covers the costs included in the negotiated
budget. All counties that place children in a community treatment
facility program shall make payments using the budget agreement
negotiated by the community treatment facility provider and the
host county.

(c) A foster care rate shall be established for each community
treatment facility program by the State Department of Social
Services.

(1) These rates shall be established using the existing foster care
ratesetting system for group homes, or the rate for a short-term
residential treatment center as defined in subdivision (ad) of
Section 11400, with modifications designed as necessary. It is
anticipated that all community treatment facility programs will
offer the level of care and services required to receive the highest
foster care rate provided for under the current ratesetting system.

(2) Except as otherwise provided in paragraph (3), commencing
January 1, 2017, the program shall have accreditation from a
nationally recognized accrediting entity identified by the State
Department of Social Services pursuant to the process described
in paragraph (4) of subdivision (b) of Section 11462.

(3) With respect to a program that has been granted an extension
pursuant to the exception process described in subdivision (d) of
Section 11462.04, the requirement described in paragraph (2) shall
apply to that program commencing January 1, 2018.

(d) For the 2001-02 fiscal year, the 2002-03 fiscal year, the
2003-04 fiscal year, and the 2004-05 fiscal year, community
treatment facility programs shall also be paid a community
treatment facility supplemental rate of up to two thousand five
hundred dollars ($2,500) per child per month on behalf of children
eligible under the foster care program and children placed out of
home pursuant to an individualized education program developed
under Section 7572.5 of the Government Code. Subject to the
availability of funds, the supplemental rate shall be shared by the
state and the counties. Counties shall be responsible for paying a
county share of cost equal to 60 percent of the community
treatment rate for children placed by counties in community
treatment facilities and the state shall be responsible for 40 percent
of the community treatment facility supplemental rate. The
community treatment facility supplemental rate is intended to
supplement, and not to supplant, the payments for which children
placed in community treatment facilities are eligible to receive
under the foster care program and the existing programs for mental
health services.

(e) For initial ratesetting purposes for community treatment
facility funding, the cost of mental health services shall be
determined by deducting the foster care rate and the community
treatment facility supplemental rate from the total allowable cost
of the community treatment facility program. Payments to certified
providers for mental health services shall be based on eligible
services provided to children who are Medi-Cal beneficiaries, up
to the approved federal rate for these services.

(f) The State Department of Health Care Services shall provide
the community treatment facility supplemental rates to the counties
for advanced payment to the community treatment facility
providers in the same manner as the regular foster care payment
and within the same required payment time limits.

(g) In order to facilitate the study of the costs of community
treatment facilities, licensed community treatment facilities shall
provide all documents regarding facility operations, treatment, and
placements requested by the department.

(h) It is the intent of the Legislature that the State Department
of Health Care Services and the State Department of Social
Services work to maximize federal financial participation in
funding for children placed in community treatment facilities
through funds available pursuant to Titles IV-E and XIX of the
federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and
Sec. 1396 et seq.) and other appropriate federal programs.

(i) The State Department of Health Care Services and the State
Department of Social Services may adopt emergency regulations
necessary to implement joint protocols for the oversight of
community treatment facilities, to modify existing licensing
regulations governing reporting requirements and other procedural
and administrative mandates to take into account the seriousness
and frequency of behaviors that are likely to be exhibited by the
children who have been assessed as having an emotional
disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations placed in community treatment facility
programs, to modify the existing foster care ratesetting regulations,
and to pay the community treatment facility supplemental rate.
The adoption of these regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the
public peace, health and safety, and general welfare. The
regulations shall become effective immediately upon filing with
the Secretary of State. The regulations shall not remain in effect
more than 180 days unless the adopting agency complies with all
the provisions of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, as
required by subdivision (e) of Section 11346.1 of the Government
Code.

begin delete SEC. 45. end delete
begin insert SEC. 48. end insert   

Section 4096 of the Welfare and Institutions Code is
amended to read:

4096.  

(a) (1) Interagency collaboration and children’s program
services shall be structured in a manner that will facilitate future
implementation of the goals of begin delete the Children’s Mental Health
Services Act. end delete begin insert Part 4 (commencing with Section 5850) of Division
5 to develop protocols outlining the roles and responsibilities of
placing agencies and group homes regarding emergency and
nonemergency placements of foster children in group homes. end insert

(2) Components shall be added to state-county performance
contracts required in Section 5650 that provide for reports from
counties on how this section is implemented.

(3) The department shall develop performance contract
components required by paragraph (2).

(4) Performance contracts subject to this section shall document
that the procedures to be implemented in compliance with this
section have been approved by the county social services
department and the county probation department.

(b) Funds specified in subdivision (a) of Section 17601 for
services to wards of the court and dependent children of the court
shall be allocated and distributed to counties based on the number
of wards of the court and dependent children of the court in the
county.

(c) A county may utilize funds allocated pursuant to subdivision
(b) only if the county has an established and operational
interagency placement committee, with a membership that includes
at least the county placement agency and a licensed mental health
professional from the county department of mental health. If
necessary, the funds may be used for costs associated with
establishing the interagency placement committee.

(d) Subsequent to the establishment of an interagency placement
committee, funds allocated pursuant to subdivision (b) shall be
used to provide services to wards of the court and dependent
children of the court jointly identified by county mental health,
social services, and probation departments as the highest priority.
Every effort shall be made to match those funds with funds
received pursuant to Title XIX of the federal Social Security Act,
contained in Subchapter 19 (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code.

(e) (1) Each interagency placement committee shall establish
procedures whereby a ward of the court or dependent child of the
court, or a voluntarily placed child whose placement is funded by
the Aid to Families with Dependent Children-Foster Care Program,
who is to be placed or is currently placed in a group home program
at a rate classification level 13 or rate classification level 14 as
specified in Section 11462.01, is assessed as having an emotional
disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations and Section 1502.4 of the Health and
Safety Code.

(2) The assessment required by paragraph (1) shall also indicate
that the child or youth is in need of the care and services provided
by that group home program.

(f) The interagency placement committee shall document the
results of the assessment required by subdivision (e) and shall
notify the appropriate group home provider and county placing
agency, in writing, of those results within 10 days of the completion
of the assessment.

(g) If the child’s or youth’s placement is not funded by the Aid
to Families with Dependent Children-Foster Care Program, a
licensed mental health professional, begin delete as defined in Sections 629 to
633, inclusive, of Title 9 of the California Code of Regulations, end delete
begin insert which is defined to include a physician licensed under Section
2050 of the Business and Professions Code, a licensed psychologist
within the meaning of subdivision (a) of Section 2902 of the
Business and Professions Code, a licensed clinical social worker
within the meaning of subdivision (a) of Section 4996 of the
Business and Professions Code, a licensed marriage and family
therapist within the meaning of subdivision (b) of Section 4980 of
the Business and Professions Code, or a licensed professional
clinical counselor within the meaning of subdivision (e) of Section
4999.12, end insert shall certify that the child is assessed as having an
emotional disturbance as defined in Section 300.8(c)(4)(i) of Title
34 of the Code of Federal Regulations and Section 1502.4 of the
Health and Safety Code.

(h) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 46. end delete
begin insert SEC. 49. end insert   

Section 4096 is added to the Welfare and Institutions
Code, to read:

4096.  

(a) (1) Interagency collaboration and children’s program
services shall be structured in a manner that will facilitate
implementation of the goals of begin delete the Children’s Mental Health
Services Act. end delete begin insert Part 4 (commencing with Section 5850) of Division
5 to develop protocols outlining the roles and responsibilities of
placing agencies and group homes regarding emergency and
nonemergency placements of foster children in group homes. end insert

(2) Components shall be added to state-county performance
contracts required in Section 5650 that provide for reports from
counties on how this section is implemented.

(3) The State Department of Health Care Services shall develop
performance contract components required by paragraph (2).

(4) Performance contracts subject to this section shall document
that the procedures to be implemented in compliance with this
section have been approved by the county social services
department and the county probation department.

(b) Funds specified in subdivision (a) of Section 17601 for
services to wards of the court and dependent children of the court
shall be allocated and distributed to counties based on the number
of wards of the court and dependent children of the court in the
county.

(c) A county may utilize funds allocated pursuant to subdivision
(b) only if the county has an established and operational
interagency placement committee with a membership that includes
at least the county placement agency and a licensed mental health
professional from the county department of mental health. If
necessary, the funds may be used for costs associated with
establishing the interagency placement committee.

(d) Funds allocated pursuant to subdivision (b) shall be used to
provide services to wards of the court and dependent children of
the court jointly identified by county mental health, social services,
and probation departments as the highest priority. Every effort
shall be made to match those funds with funds received pursuant
to Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of
Title 42 of the United States Code.

(e) (1) Each interagency placement committee shall establish
procedures whereby a ward of the court or dependent child of the
court, or a voluntarily placed child whose placement is funded by
the Aid to Families with Dependent Children-Foster Care Program,
who is to be placed or is currently placed in a short-term residential
treatment center or foster family agency that provides treatment
services, as specified in Section 11462.01, begin insert or a group home granted
an extension pursuant to Section 11462.04, end insert is assessed as having
an emotional disturbance as defined in Section 300.8(c)(4)(i) of
Title 34 of the Code of Federal Regulations and Section 1502.4
of the Health and Safety Code.

(2) The assessment required by paragraph (1) shall also indicate
that the child is in need of the care and services provided by a
short-term residential center or foster family agency that provides
treatment services.

(3) In lieu of an assessment by the interagency placement
committee required under paragraph (1), a child and family team,
as defined in paragraph (4) of subdivision (a) of Section 16501,
may utilize an assessment by a licensed mental health professional
that was developed consistent with procedures established by the
county under paragraph (1). Nothing in this paragraph shall prohibit
the child and family team from considering an assessment provided
by an interagency placement committee.

(f) The interagency placement committee or the child and family
team, as appropriate, shall document the results of the assessment
required by subdivision (e) and shall notify the appropriate provider
in writing, of those results within 10 days of the completion of the
assessment.

(g) If the child’s or youth’s placement is not funded by the Aid
to Families with Dependent Children-Foster Care Program, a
licensed mental health begin delete professional end delete begin insert professional, a physician
licensed under Section 2050 of the Business and Professions Code,
a licensed psychologist within the meaning of subdivision (a)
Section 2902 of the Business and Professions Code, a licensed
clinical social worker within the meaning of subdivision (a) of
Section 4996 of the Business and Professions Code, a licensed
marriage and family therapist within the meaning of subdivision
(b) of Section 4980 of the Business and Professions Code, or a
licensed professional clinical counselor within the meaning of
subdivision (e) of Section 4999.12, end insert shall certify that the child has
been assessed as having an emotional disturbance, as defined in
Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations.

(h) This section shall become operative on January 1, 2017.

begin delete SEC. 47. end delete
begin insert SEC. 50. end insert   

Section 4096.1 is added to the Welfare and Institutions
Code, to read:

4096.1.  

(a) (1) Interagency collaboration and children’s
program services shall be structured in a manner that will facilitate
future implementation of the goals of begin delete the Children’s Mental Health
Services Act. end delete begin insert Part 4 (commencing with Section 5850) of Division
5 to develop protocols outlining the roles and responsibilities of
placing agencies and group homes regarding emergency and
nonemergency placements of foster children in group homes. end insert

(2) Components shall be added to state-county performance
contracts required in Section 5650 that provide for reports from
counties on how this section is implemented.

(3) The begin delete department end delete begin insert State Department of Health Care Services end insert
shall develop performance contract components required by
paragraph (2).

(4) Performance contracts subject to this section shall document
that the procedures to be implemented in compliance with this
section have been approved by the county social services
department and the county probation department.

(b) Funds specified in subdivision (a) of Section 17601 for
services to wards of the court and dependent children of the court
shall be allocated and distributed to counties based on the number
of wards of the court and dependent children of the court in the
county.

(c) A county may utilize funds allocated pursuant to subdivision
(b) only if the county has an established and operational
interagency placement committee, with a membership that includes
at least the county placement agency and a licensed mental health
professional from the county department of mental health. If
necessary, the funds may be used for costs associated with
establishing the interagency placement committee.

(d) Subsequent to the establishment of an interagency placement
committee, funds allocated pursuant to subdivision (b) shall be
used to provide services to wards of the court and dependent
children of the court jointly identified by county mental health,
social services, and probation departments as the highest priority.
Every effort shall be made to match those funds with funds
received pursuant to Title XIX of the federal Social Security Act,
contained in Subchapter 19 (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code.

(e) (1) Each interagency placement committee shall establish
procedures whereby a ward of the court or dependent child of the
court, or a voluntarily placed child whose placement is funded by
the Aid to Families with Dependent Children-Foster Care Program,
who is to be placed or is currently placed in a group home program
at a rate classification level 13 or rate classification level 14 as
specified in Section 11462.001, is assessed as having an emotional
disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations.

(2) The assessment required by paragraph (1) shall also indicate
that the child or youth is in need of the care and services provided
by that group home program.

(f) The interagency placement committee shall document the
results of the assessment required by subdivision (e) and shall
notify the appropriate group home provider and county placing
agency, in writing, of those results within 10 days of the completion
of the assessment.

(g) If the child’s or youth’s placement is not funded by the Aid
to Families with Dependent Children-Foster Care Program, a
licensed mental health professional, as defined in begin delete Sections 629 to
633, inclusive, of Title 9 of the California Code of Regulations, end delete
begin insert subdivision (g) of Section 4096, end insert shall certify that the child has been
assessed as having an emotional disturbance, as defined in Section
300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.

(h) This section shall only apply to a group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04 or to a foster family agency
that has been granted an extension pursuant to the exception
process described in subdivision (d) of Section 11463.1.

(i) This section shall become operative on January 1, 2017.

(j) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

begin delete SEC. 48. end delete
begin insert SEC. 51. end insert   

Section 4096.5 of the Welfare and Institutions Code
is amended to read:

4096.5.  

(a) The State Department of Health Care Services
shall make a determination, within 45 days of receiving a request
from a group home to be classified at RCL 13 or RCL 14 pursuant
to Section 11462.01, to certify or deny certification that the group
home program includes provisions for mental health treatment
services that meet the needs of children who have been assessed
as having an emotional disturbance, as defined in Section
300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. The
department shall issue each certification for a period of one year
and shall specify the effective date the program met the certification
requirements. A program may be recertified if the program
continues to meet the criteria for certification.

(b) The State Department of Health Care Services shall, in
consultation with the begin delete California end delete begin insert County end insert Behavioral Health
Directors Association begin insert of California end insert and representatives of provider
organizations, develop the criteria for the certification required by
subdivision (a) by July 1, 1992.

(c) (1) The State Department of Health Care Services may,
upon the request of a county, delegate to that county the
certification task.

(2) Any county to which the certification task is delegated
pursuant to paragraph (1) shall use the criteria and format
developed by the department.

(d) The State Department of Health Care Services or delegated
county shall notify the State Department of Social Services
Community Care Licensing Division immediately upon the
termination of any certification issued in accordance with
subdivision (a).

(e) Upon receipt of notification from the State Department of
Social Services Community Care Licensing Division of any adverse
licensing action taken after the finding of noncompliance during
an inspection conducted pursuant to Section 1538.7 of the Health
and Safety Code, the State Department of Health Care Services or
the delegated county shall review the certification issued pursuant
to this section.

(f) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 49. end delete
begin insert SEC. 52. end insert   

Section 4096.5 is added to the Welfare and Institutions
Code, to read:

4096.5.  

(a) All short-term residential treatment centers, and
all foster family agencies that provide begin delete intensive end delete treatment services
begin delete as described in Section 11462.01, end delete shall obtain and have in good
standing a mental health begin delete certification end delete begin insert certification, as described
in Section 11462.01, end insert issued by the State Department of Health
Care Services or a county to which the department has delegated
certification authority. This certification is a condition for receiving
an Aid to Families with Dependent Children-Foster Care rate
pursuant to Section 11462.015.

(b) The State Department of Health Care Services or a county
to which the department has delegated certification authority shall
certify or deny certification within 45 days of receiving a
certification request. The State Department of Health Care Services
or a county to which the department has delegated certification
authority shall issue each certification for a period of one year and
shall specify the effective date that the program met the program
standards. Certified entities shall meet all program standards to be
recertified.

(c)  begin delete Pursuant to Section 11462.25, the end delete begin insert The end insert State Department of
Health Care Services shall promulgate regulations regarding
program standards, oversight, enforcement, and due process for
the mental health certification of short-term residential treatment
centers and foster family agencies that provide intensive or
therapeutic treatment services.

(d) (1) Except for certification of short-term residential
treatment centers or foster family agencies operated by a county,
the State Department of Health Care Services may, upon the
request of a county, delegate to that county the certification of
short-term residential treatment centers and foster family agencies
within its borders.

(2) Any county to which certification is delegated pursuant to
paragraph (1) shall be responsible for the oversight and
enforcement of program standards and the provision of due process
for certified entities.

(e) The State Department of Health Care Services or a county
to which the department has delegated certification authority shall
notify the State Department of Social Services immediately upon
the termination of any certification issued in accordance with
subdivisions (a) and (b).

(f) The State Department of Social Services shall notify the
State Department of Health Care Services or a county to which
the department has delegated certification authority immediately
upon the revocation of any license issued pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and
Safety Code.

begin insert

(g) Revocation of a license or a mental health certification shall
be a basis for rate termination.

end insert begin delete

(g)

end delete

begin insert (h) end insert  This section shall become operative on January 1, 2017.

begin delete SEC. 50. end delete
begin insert SEC. 53. end insert   

Section 4096.55 is added to the Welfare and
Institutions Code, to read:

4096.55.  

(a) The State Department of Health Care Services
shall make a determination, within 45 days of receiving a request
from a group home to be classified at rate classification level 13
or rate classification level 14 pursuant to Section 11462.015, to
certify or deny certification that the group home program includes
provisions for mental health treatment services that meet the needs
of children who have been assessed as having an emotional
disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations. The department shall issue each
certification for a period of one year and shall specify the effective
date the program met the certification requirements. A program
may be recertified if the program continues to meet the criteria for
certification.

(b) The State Department of Health Care Services shall, in
consultation with the California Behavioral Health Directors
Association and representatives of provider organizations, develop
the criteria for the certification required by subdivision (a).

(c) (1) The State Department of Health Care Services may,
upon the request of a county, delegate to that county the
certification task.

(2) Any county to which the certification task is delegated
pursuant to paragraph (1) shall use the criteria and format
developed by the department.

(d) The State Department of Health Care Services or delegated
county shall notify the State Department of Social Services
Community Care Licensing Division immediately upon the
termination of any certification issued in accordance with
subdivision (a).

(e) Upon receipt of notification from the State Department of
Social Services Community Care Licensing Division of any adverse
licensing action taken after the finding of noncompliance during
an inspection conducted pursuant to Section 1538.7 of the Health
and Safety Code, the State Department of Health Care Services or
the delegated county shall review the certification issued pursuant
to this section.

(f) This section shall only apply to a begin delete foster family agency end delete begin insert group
home end insert that has been granted an extension pursuant to the exception
process described in subdivision (d) of Section begin delete 11462.04 or to a
foster family agency that has been granted an extension pursuant
to the exception process described in subdivision (d) of Section
11463.1. end delete begin insert 11462.04. end insert

(g) This section shall become operative on January 1, 2017.

(h) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

begin delete SEC. 51. end delete
begin insert SEC. 54. end insert   

Section 11400 of the Welfare and Institutions Code
is amended to read:

11400.  

For 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 residence 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 begin delete 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. end delete begin insert a licensed community care facility,
as defined in paragraph (4) of subdivision (a) of Section 1502 of
the Health and Safety Code, that provides treatment services, as
described in Section 111462.01. end insert 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, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25
beds, that accepts children in need of care and supervision in a
group home, as defined by paragraph (13) 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 that 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) “Nonrelative extended family member” means an adult
caregiver who has an established familial or mentoring relationship
with the child, as described in Section 362.7.

(o) “Voluntary placement” means an out-of-home placement
of a child by (1) the county welfare department, probation
department, or Indian tribe that has entered into an agreement
pursuant to Section 10553.1, 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.

(p) “Voluntary placement agreement” means a written agreement
between either the county welfare department, probation
department, or Indian tribe that has entered into an agreement
pursuant to Section 10553.1, 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.

(q) “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.

(r) (1) “Transitional housing placement provider” means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents,
as defined in subdivision (v). A transitional housing placement
provider shall be privately operated and organized on a nonprofit
basis.

(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.

(s) “Transitional Housing Program-Plus” means a provider
certified by the applicable county, in accordance with subdivision
(c) of Section 16522, to provide transitional housing services to
former foster youth who have exited the foster care system on or
after their 18th birthday.

(t) “Whole family foster home” means a new or existing family
home, approved relative caregiver or nonrelative extended family
member’s home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child,
and is specifically recruited and trained to assist the minor or
nonminor dependent parent in developing the skills necessary to
provide a safe, stable, and permanent home for his or her child.
The child of the minor or nonminor dependent parent need not be
the subject of a petition filed pursuant to Section 300 to qualify
for placement in a whole family foster home.

(u) “Mutual agreement” means any of the following:

(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on
and after January 1, 2012, a nonminor dependent, and the county
welfare services or probation department or tribal agency
responsible for the foster care placement, that documents the
nonminor’s continued willingness to remain in supervised
out-of-home placement under the placement and care of the
responsible county, tribe, consortium of tribes, or tribal
organization that has entered into an agreement with the state
pursuant to Section 10553.1, remain under the jurisdiction of the
juvenile court as a nonminor dependent, and report any change of
circumstances relevant to continued eligibility for foster care
payments, and that documents the nonminor’s and social worker’s
or probation officer’s agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional independent living case plan.

(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP
payments under Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), and the agency
responsible for the Kin-GAP benefits, provided that the nonminor
former dependent or ward satisfies the conditions described in
Section 11403.01, or one or more of the conditions described in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403. For purposes of this paragraph and paragraph (3),
“nonminor former dependent or ward” has the same meaning as
described in subdivision (aa).

(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC
payments under subdivision (e) or (f) of Section 11405 and the
agency responsible for the AFDC-FC benefits, provided that the
nonminor former dependent or ward described in subdivision (e)
of Section 11405 satisfies one or more of the conditions described
in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403, and the nonminor described in subdivision (f) of Section
11405 satisfies the secondary school or equivalent training or
certificate program conditions described in that subdivision.

(v) “Nonminor dependent” means, on and after January 1, 2012,
a foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is
a current dependent child or ward of the juvenile court, or who is
a nonminor under the transition jurisdiction of the juvenile court,
as described in Section 450, and who satisfies all of the following
criteria:

(1) He or she has attained 18 years of age while under an order
of foster care placement by the juvenile court, and is not more than
19 years of age on or after January 1, 2012, not more than 20 years
of age on or after January 1, 2013, or not more than 21 years of
age on or after January 1, 2014, and as described in Section
10103.5.

(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal organization
that entered into an agreement pursuant to Section 10553.1.

(3) He or she has a transitional independent living case plan
pursuant to Section 475(8) of the federal Social Security Act (42
U.S.C. Sec. 675(8)), as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403.

(w) “Supervised independent living placement” means, on and
after January 1, 2012, an independent supervised setting, as
specified in a nonminor dependent’s transitional independent living
case plan, in which the youth is living independently, pursuant to
Section 472(c)(2) of the federal Social Security Act (42 U.S.C.
Sec. 672(c)(2)).

(x) “Supervised independent living setting,” pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
672(c)(2)), includes both a supervised independent living
placement, as defined in subdivision (w), and a residential housing
unit certified by the transitional housing placement provider
operating a Transitional Housing Placement-Plus Foster Care
program, as described in paragraph (2) of subdivision (a) of Section
16522.1.

(y) “Transitional independent living case plan” means, on or
after January 1, 2012, a child’s case plan submitted for the last
review hearing held before he or she reaches 18 years of age or
the nonminor dependent’s case plan, updated every six months,
that describes the goals and objectives of how the nonminor will
make progress in the transition to living independently and assume
incremental responsibility for adult decisionmaking, the
collaborative efforts between the nonminor and the social worker,
probation officer, or Indian tribal placing entity and the supportive
services as described in the transitional independent living plan
(TILP) to ensure active and meaningful participation in one or
more of the eligibility criteria described in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, the nonminor’s
appropriate supervised placement setting, and the nonminor’s
permanent plan for transition to living independently, which
includes maintaining or obtaining permanent connections to caring
and committed adults, as set forth in paragraph (16) of subdivision
(f) of Section 16501.1.

(z) “Voluntary reentry agreement” means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor’s desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor’s desire,
willingness, and ability to immediately participate in one or more
of the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor’s agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor’s agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor’s agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant
to subdivision (e) of Section 388 within 15 judicial days of the
signing of the agreement and the placing agency’s efforts and
supportive services to assist the nonminor in the reentry process,
or (2) if the nonminor meets the definition of a nonminor former
dependent or ward, as described in subdivision (aa), the nonminor’s
agreement to return to the care and support of his or her former
juvenile court-appointed guardian and meet the eligibility criteria
for AFDC-FC pursuant to subdivision (e) of Section 11405.

(aa) “Nonminor former dependent or ward” means, on and after
January 1, 2012, either of the following:

(1) A nonminor who reached 18 years of age while subject to
an order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and
who is still under the general jurisdiction of the court.

(2) A nonminor who is over 18 years of age and, while a minor,
was a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26,
or subdivision (d), of Section 728 and the juvenile court
dependency or wardship was dismissed following the establishment
of the guardianship.

(ab) “Runaway and homeless youth shelter” means a type of
group home, as defined in paragraph (14) of subdivision (a) of
Section 1502 of the Health and Safety Code, that is not an eligible
placement option under Sections 319, 361.2, 450, and 727, and
that is not eligible for AFDC-FC funding pursuant to subdivision
(c) of Section 11402 or Section 11462.

(ac) “Transition dependent” is a minor between 17 years and
five months and 18 years of age who is subject to the court’s
transition jurisdiction under Section 450.

(ad) “Short-term residential treatment center” means a licensed
community care facility, as defined in paragraph (18) of subdivision
(a) of Section 1502 of the Health and Safety Code, that provides
short-term, specialized, and intensive treatment for the child or
youth, when the child’s or youth’s case plan specifies the need for,
nature of, and anticipated duration of this specialized treatment.

(ae) “Resource family” means begin delete a placement, end delete begin insert an approved
caregiver, end insert as defined in subdivision (c) of Section 16519.5.

begin delete SEC. 52. end delete
begin insert SEC. 55. end insert   

Section 11402 of the Welfare and Institutions Code
is amended to read:

11402.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) The approved home of a relative, provided the child or youth
is otherwise eligible for federal financial participation in the
AFDC-FC payment.

(b) (1) The licensed family home of a nonrelative.

(2) The approved home of a nonrelative extended family
member as described in Section 362.7.

(c) The approved home of a resource family as defined in
Section 16519.5.

(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter
as defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary
to meet the treatment needs of the child or youth and that the
facility offers those treatment services.

(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child
or youth who is otherwise eligible for AFDC-FC has been
dismissed due to the child or youth attaining 18 years of age.

(f) An exclusive-use home.

(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health
and Safety Code and as defined in subdivision (r) of Section 11400.

(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a begin delete minor end delete begin insert child or youth end insert in an out-of-state
group home, documents that the requirements of Section 7911.1
of the Family Code have been met.

(i) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

(j) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 53. end delete
begin insert SEC. 56. end insert   

Section 11402 is added to the Welfare and Institutions
Code, to read:

11402.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) The approved home of a relative, provided the child or youth
is otherwise eligible for federal financial participation in the
AFDC-FC payment.

(b) (1) The home of a nonrelated legal guardian or the home
of a former nonrelated legal guardian when the guardianship of a
child or youth who is otherwise eligible for AFDC-FC has been
dismissed due to the child or youth attaining 18 years of age.

(2) The approved home of a nonrelative extended family
member, as described in Section 362.7.

(c) (1) The licensed family home of a nonrelative.

(2) The approved home of a resource family, as defined in
Section 16519.5.

begin delete

(3) A licensed foster family agency for placement into a
nontreatment foster home, provided that the program has
accreditation from a nationally recognized entity identified by the
State Department of Social Services pursuant to the process
described in paragraph (8) of subdivision (b) of Section 11463.

end delete

(d) (1) A housing model certified by a licensed transitional
housing placement provider, as described in Section 1559.110 of
the Health and Safety Code, and as defined in subdivision (r) of
Section 11400.

(2) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

(e) A licensed foster family begin delete agency end delete begin insert agency, as defined in
paragraph (4) of subdivision (a) of Section 1502 of the Health and
Safety Code, end insert for placement into a treatment foster home, provided
that all of the following apply:

(1) The program has accreditation from a nationally recognized
entity identified by the State Department of Social Services
pursuant to the process described in paragraph (8) of subdivision
(b) of Section 11463.

(2) The program has a mental health certificate pursuant to
Section 11462.015.

begin delete

(3) The placement worker has documented in the child’s or
youth’s case plan the need for, nature of, and anticipated duration
of this specialized treatment to meet the treatment needs of the
child or youth and that the facility offers those treatment services.

end delete

(f) A short-term residential treatment center licensed as a
community care facility, as defined in subdivision (ad) of Section
11400, provided that all of the following apply:

(1) The program has a national accreditation from an entity
begin delete selected end delete begin insert identified end insert by the State Department of Social Services
pursuant to the process described in paragraph (4) of subdivision
(b) of Section 11462.

(2) The program has a mental health certificate pursuant to
Section 11462.015.

(3) The placement worker has documented in the child’s or
youth’s case plan the need for, nature of, and anticipated duration
of this specialized treatment to meet the treatment needs of the
child or youth and that the facility offers those treatment services.

(g) An out-of-state group home that meets the equivalent of the
requirements of paragraphs (1), (2), and (3) of subdivision (f),
provided that the placement worker, in addition to complying with
all other statutory requirements for placing a begin delete minor end delete begin insert child or youth end insert
in an out-of-state group home, documents that the requirements
of Section 7911.1 of the Family Code have been met.

(h) A community treatment facility set forth in Article 5
(commencing with Section 4094) of Chapter 3 of Part 1 of Division
4.

(i) This section shall become operative on January 1, 2017.

begin delete SEC. 54. end delete
begin insert SEC. 57. end insert   

Section 11402.01 is added to the Welfare and
Institutions Code, immediately following Section 11402, to read:

11402.01.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) The approved home of a relative, provided the child or youth
is otherwise eligible for federal financial participation, as defined
in Section 11402.1, in the AFDC-FC payment.

(b) (1) The licensed family home of a nonrelative.

(2) The approved home of a nonrelative extended family
member as described in Section 362.7.

(c) The approved home of a resource family as defined in
Section 16519.5.

(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter
as defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary
to meet the treatment needs of the child or youth and that the
facility offers those treatment services.

(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child
or youth who is otherwise eligible for AFDC-FC has been
dismissed due to the child or youth attaining 18 years of age.

(f) An exclusive-use home.

(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health
and Safety Code and as defined in subdivision (r) of Section 11400.

(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family
Code have been met.

(i) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

(j) This section shall only apply to a group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04 or to a foster family agency
that has been granted an extension pursuant to the exception
process described in subdivision (d) of Section 11463.1.

(k) This section shall become operative on January 1, 2017.

(l) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

begin delete SEC. 55. end delete
begin insert SEC. 58. end insert   

Section 11403.2 of the Welfare and Institutions Code
is amended to read:

11403.2.  

(a) The following persons shall be eligible for
transitional housing provided pursuant to Article 4 (commencing
with Section 16522) of Chapter 5 of Part 4:

(1) Any foster child at least 16 years of age and not more than
18 years of age, and, on or after January 1, 2012, any nonminor
dependent, as defined in subdivision (v) of Section 11400, who is
eligible for AFDC-FC benefits as described in Section 11401. A
foster child under 18 years of age shall be eligible for placement
in the program certified as a “Transitional Housing Placement
Program,” pursuant to paragraph (1) of subdivision (a) of Section
16522.1. A nonminor dependent shall be eligible for placement in
the program certified as a “Transitional Housing Placement-Plus
Foster Care Program” pursuant to paragraph (2) of subdivision (a)
of Section 16522.1.

(2) (A) Any former foster youth at least 18 years of age and,
except as provided in subparagraph (B), not more than 24 years
of age who has exited from the foster care system on or after his
or her 18th birthday and elects to participate in Transitional
Housing Program-Plus, as defined in subdivision (s) of Section
11400, if he or she has not received services under this paragraph
for more than a total of 24 months, whether or not consecutive. If
the person participating in a Transitional Housing Program-Plus
is not receiving aid under Section 11403.1, he or she, as a condition
of participation, shall enter into, and execute the provisions of, a
transitional independent living plan that shall be mutually agreed
upon, and annually reviewed, by the former foster youth and the
applicable county welfare or probation department or independent
living program coordinator. The person participating under this
paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.

(B) A county may, at its option, extend the services provided
under subparagraph (A) to former foster youth not more than 25
years of age, and for a total of 36 months, whether or not
consecutive, if the former foster youth, in addition to the
requirements specified in subparagraph (A), meets either of the
following criteria:

(i) The former foster youth is completing secondary education
or a program leading to an equivalent credential.

(ii) The former foster youth is enrolled in an institution that
provides postsecondary education.

(b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement provider pursuant
to the conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, in consultation
with concerned stakeholders, including, but not limited to,
representatives of the Legislature, the County Welfare Directors
Association of California, the Chief Probation Officers of
California, the Judicial Council, representatives of Indian tribes,
the California Youth Connection, former foster youth, child
advocacy organizations, labor organizations, juvenile justice
advocacy organizations, foster caregiver organizations, researchers,
and transitional housing placement providers, shall convene a
workgroup to establish a new rate structure for the Title IV-E
funded THP-Plus Foster Care placement option for nonminor
dependents. The workgroup shall also consider application of this
new rate structure to the Transitional Housing Program-Plus, as
described in paragraph (2) of subdivision (a) of Section 11403.3.
In developing the new rate structure pursuant to this subdivision,
the department shall consider the average rates in effect and being
paid by counties to current transitional housing placement
providers.

(c) The Legislature finds and declares that this subdivision was
added in 2015 to clearly codify the requirement of existing law
regarding the payment made on behalf of an eligible person
receiving transitional housing services. The workgroup described
in subdivision (b) recommended, and the department subsequently
implemented, an annual adjustment to the payment made on behalf
of an eligible person receiving transitional housing services. This
annual adjustment has been, and shall continue to be, equal to the
California Necessities Index applicable to each fiscal year. The
Legislature hereby codifies that its intent remains in making this
annual adjustment to support the care and supervision, including
needed services and supports, for nonminor dependents who are
receiving transitional housing services through the THP-Plus Foster
Care Program.

begin delete SEC. 56. end delete
begin insert SEC. 59. end insert   

Section 11460 of the Welfare and Institutions Code
is amended to read:

11460.  

(a) Foster care providers shall be paid a per child per
month rate in return for the care and supervision of the AFDC-FC
child placed with them. The department is designated the single
organizational unit whose duty it shall be to administer a state
system for establishing rates in the AFDC-FC program. State
functions shall be performed by the department or by delegation
of the department to county welfare departments or Indian tribes,
consortia of tribes, or tribal organizations that have entered into
an agreement pursuant to Section 10553.1.

(b) “Care and supervision” includes food, clothing, shelter, daily
supervision, school supplies, a child’s personal incidentals, liability
insurance with respect to a child, reasonable travel to the child’s
home for visitation, and reasonable travel for the child to remain
in the school in which he or she is enrolled at the time of
placement. Reimbursement for the costs of educational travel, as
provided for in this subdivision, shall be made pursuant to
procedures determined by the department, in consultation with
representatives of county welfare and probation directors, and
additional stakeholders, as appropriate.

(1) For a child or youth placed in a short-term residential
treatment center or a group home, care and supervision shall also
include reasonable administration and operational activities
necessary to provide the items listed in this subdivision.

(2) For a child or youth placed in a short-term residential
treatment center or a group home, care and supervision may also
include reasonable activities performed by social workers employed
by the program provider that are not otherwise considered daily
supervision or administration activities, but are eligible for federal
financial participation under Title IV-E of the federal Social
Security Act.

(c) It is the intent of the Legislature to establish the maximum
level of financial participation in out-of-state foster care group
home program rates for placements in facilities described in
subdivision (g) of Section 11402.

(1) The department shall develop regulations that establish the
method for determining the level of financial participation in the
rate paid for out-of-state placements in facilities described in
subdivision (g) of Section 11402. The department shall consider
all of the following methods:

(A) Until December 31, 2016, a standardized system based on
the rate classification level of care and services per child per month.

(B) The rate developed for a short-term residential treatment
center pursuant to Section 11462.

(C) A system that considers the actual allowable and reasonable
costs of care and supervision incurred by the out-of-state program.

(D) A system that considers the rate established by the host
state.

(E) Any other appropriate methods as determined by the
department.

(2) Reimbursement for the Aid to Families with Dependent
Children-Foster Care rate to be paid to an out-of-state program
described in subdivision (g) of Section 11402 shall only be paid
to programs that have done both of the following:

(A) Submitted a rate application to the department and received
a determination of the level of financial participation in the rate
paid.

(i) The level of financial participation shall not exceed the
current fiscal year’s standard rate for rate classification level 14
for a group home; or, commencing January 1, 2017, for a
short-term residential treatment center.

(ii) The level of financial participation shall not exceed the rate
determined by the ratesetting authority of the state in which the
facility is located.

(B) Agreed to comply with information requests, and program
and fiscal audits as determined necessary by the department.

(3) Except as specifically provided for in statute, reimbursement
for an AFDC-FC rate shall only be paid to a group home or
short-term residential treatment center organized and operated on
a nonprofit basis.

(d) A foster care provider that accepts payments, following the
effective date of this section, based on a rate established under this
section, shall not receive rate increases or retroactive payments as
the result of litigation challenging rates established prior to the
effective date of this section. This shall apply regardless of whether
a provider is a party to the litigation or a member of a class covered
by the litigation.

(e) Nothing shall preclude a county from using a portion of its
county funds to increase rates paid to family homes, foster family
agencies, group homes, and short-term residential treatment centers
within that county, and to make payments for specialized care
increments, clothing allowances, or infant supplements to homes
within that county, solely at that county’s expense.

(f) Nothing shall preclude a county from providing a
supplemental rate to serve commercially sexually exploited foster
children to provide for the additional care and supervision needs
of these children. To the extent that federal financial participation
is available, it is the intent of the Legislature that the federal
funding shall be utilized.

begin delete SEC. 57. end delete
begin insert SEC. 60. end insert   

Section 11461.2 of the Welfare and Institutions Code
is amended to read:

11461.2.  

(a) It is the intent of the Legislature to ensure quality
care for children who are placed in the continuum of AFDC-FC
eligible placement settings.

(b) The State Department of Social Services shall establish, in
consultation with county welfare departments and other
stakeholders, as appropriate, a working group to develop
recommended revisions to the current ratesetting system, services,
and programs serving children and families in the continuum of
AFDC-FC eligible placement settings including, at a minimum,
all programs provided by foster family agencies and group homes
including those providing residentially based services, as defined
in paragraph (1) of subdivision (a) of Section 18987.71.

(c) In developing the recommended revisions identified in
subdivision (b), the working group shall consider all of the
following:

(1) How ratesetting systems for foster care providers, including,
at least, foster family agencies and group homes, can better support
a continuum of programs and services that promote positive
outcomes for children and families. This may include a process
for matching the child’s strengths and needs to the appropriate
placement setting.

(2) How the provision of an integrated, comprehensive set of
services including mental health and other critical services for
children and youth support the achievement of well-being,
permanency, and safety outcomes.

(3) How to ensure the provision of services in family-like
settings including aftercare services, when appropriate.

(4) How to provide outcome-based evaluations of foster care
providers or other methods of measuring quality improvement
including measures of youth and families’ satisfaction with services
provided and program effectiveness.

(5) How changes in the licensing, ratesetting, and auditing
processes can improve the quality of foster care providers, the
quality of services and programs provided, and enhance the
oversight of care provided to children, including, but not limited
to, accreditation, administrator qualifications, and the reassignment
of these responsibilities within the department.

(d) In addition to the considerations in subdivision (c), the
workgroup recommendations shall be based on the review and
evaluation of the current ratesetting systems, actual cost data, and
information from the provider community as well as research on
other applicable ratesetting methodologies, evidence-based
practices, information developed as a result of pilots approved by
the director, and any other relevant information.

(e) (1) The workgroup shall develop the content, format, and
data sources for reports to be posted by the department on a public
Internet Web site describing the outcomes achieved by providers
with foster care rates set by the department.

(2) Commencing January 1, 2017, and at least begin delete annually end delete
begin insert semiannually end insert after that date, the department shall publish and make
available on a public Internet Web site, short-term residential
treatment center and foster family agency provider performance
indicators.

(f) (1) Recommendations developed pursuant to this section
shall include the plan required under subdivision (d) of Section
18987.7. Updates regarding the workgroup’s establishment and
its progress toward meeting the requirements of this section shall
be provided to the Legislature during 2012-13 and 2013-14 budget
hearings. The revisions recommended pursuant to the requirements
of subdivision (b) shall be submitted in a report to the appropriate
policy and fiscal committees of the Legislature by October 1, 2014.

(2) The requirement for submitting a report pursuant to this
subdivision is inoperative on October 1, 2018, pursuant to Section
10231.5 of the Government Code.

(g) The department shall retain the authority to extend the
workgroup after October 1, 2014, to ensure that the objectives of
this section are met and to reconvene this workgroup as necessary
to address any future recommended changes to the continuum of
AFDC-FC eligible placement settings pursuant to this section.

begin delete SEC. 58. end delete
begin insert SEC. 61. end insert   

Section 11462 of the Welfare and Institutions Code
is amended to read:

11462.  

(a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group
home program and applying the standardized schedule of rates.
The department shall collect information from group providers
beginning January 1, 1990, in order to classify each group home
program.

(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home
is organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate
the rate effective January 1, 1993, of any group home not organized
and operated on a nonprofit basis as required under subdivision
(h) of Section 11400.

(3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home
program on a biennial basis. Submission of the biennial rate
application shall be made according to a schedule determined by
the department.

(B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby
exempted from the requirement to describe specific facts showing
the need for immediate action.

(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care
and services to be provided using a point system developed by the
department and described in the report, “The Classification of
Group Home Programs under the Standardized Schedule of Rates
System,” prepared by the State Department of Social Services,
August 30, 1989.

(c) The rate for each RCL has been determined by the
department with data from the AFDC-FC Group Home Rate
Classification Pilot Study. The rates effective July 1, 1990, were
developed using 1985 calendar year costs and reflect adjustments
to the costs for each fiscal year, starting with the 1986-87 fiscal
year, by the amount of the California Necessities Index computed
pursuant to the methodology described in Section 11453. The data
obtained by the department using 1985 calendar year costs shall
be updated and revised by January 1, 1993.

(d) As used in this section, “standardized schedule of rates”
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.

(e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective
basis, according to the level of care and services that the group
home operator projects will be provided during the period of time
for which the rate is being established.

(1) (A) (i) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the
RCL no later than 13 months after the effective date of the
provisional rate. The determination of the RCL shall be based on
a program audit of documentation and other information that
verifies the level of care and supervision provided by the group
home program during a period of the two full calendar months or
60 consecutive days, whichever is longer, preceding the date of
the program audit, unless the group home program requests a lower
RCL. The program audit shall not cover the first six months of
operation under the provisional rate.

(ii) For audit purposes, if the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of
AFDC-FC eligible children to all children in placement.

(iii) Pending the department’s issuance of the program audit
report that determines the RCL for the group home program, the
group home program shall be eligible to receive a provisional rate
that shall be based on the level of care and service that the group
home program proposes it will provide. The group home program
shall be eligible to receive only the RCL determined by the
department during the pendency of any appeal of the department’s
RCL determination.

(B) A group home program may apply for an increase in its
RCL no earlier than two years from the date the department has
determined the group home program’s rate, unless the host county,
the primary placing county, or a regional consortium of counties
submits to the department in writing that the program is needed
in that county, that the provider is capable of effectively and
efficiently operating the proposed program, and that the provider
is willing and able to accept AFDC-FC children for placement
who are determined by the placing agency to need the level of care
and services that will be provided by the program.

(C) To ensure efficient administration of the department’s audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the
RCL determination available to the department in a timely manner.
Except as provided in this section, the department may refuse to
consider, for purposes of determining the rate, any documents that
are relevant to the determination of the RCL that are not made
available by the group home provider by the date the group home
provider requests a hearing on the department’s RCL
determination. The department may refuse to consider, for purposes
of determining the rate, the following records, unless the group
home provider makes the records available to the department
during the fieldwork portion of the department’s program audit:

(i) Records of each employee’s full name, home address,
occupation, and social security number.

(ii) Time records showing when the employee begins and ends
each work period, meal periods, split shift intervals, and total daily
hours worked.

(iii) Total wages paid each payroll period.

(iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations
that are relevant to the RCL determination.

(D) To minimize financial abuse in the startup of group home
programs, when the department’s RCL determination is more than
three levels lower than the RCL level proposed by the group home
provider, and the group home provider does not appeal the
department’s RCL determination, the department shall terminate
the rate of a group home program 45 days after issuance of its
program audit report. When the group home provider requests a
hearing on the department’s RCL determination, and the RCL
determined by the director under subparagraph (E) is more than
three levels lower than the RCL level proposed by the group home
provider, the department shall terminate the rate of a group home
program within 30 days of issuance of the director’s decision.
Notwithstanding the reapplication provisions in subparagraph (B),
the department shall deny any request for a new or increased RCL
from a group home provider whose RCL is terminated pursuant
to this subparagraph, for a period of no greater than two years from
the effective date of the RCL termination.

(E) A group home provider may request a hearing of the
department’s RCL determination under subparagraph (A) no later
than 30 days after the date the department issues its RCL
determination. The department’s RCL determination shall be final
if the group home provider does not request a hearing within the
prescribed time. Within 60 days of receipt of the request for
hearing, the department shall conduct a hearing on the RCL
determination. The standard of proof shall be the preponderance
of the evidence and the burden of proof shall be on the department.
The hearing officer shall issue the proposed decision within 45
days of the close of the evidentiary record. The director shall adopt,
reject, or modify the proposed decision, or refer the matter back
to the hearing officer for additional evidence or findings within
100 days of issuance of the proposed decision. If the director takes
no action on the proposed decision within the prescribed time, the
proposed decision shall take effect by operation of law.

(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a
group home fails to maintain the level of services projected,
including, but not limited to, rate reduction and recovery of
overpayments.

(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for
any period that a group home program maintains the level of care
and services associated with the RCL for children actually residing
in the facility. Determinations of levels of care and services shall
be made in the same way as modifications of overpayments are
made pursuant to paragraph (2) of subdivision (b) of Section
11466.2.

(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement
shall provide notification of this change to all counties that have
placed children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of
the change in staffing pattern.

(f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years
is:

 

		FY 2002-03, 2003-04, 2004-05, 2005-06, 2006-07, and 2007-08
Rate Classification Level	Point Ranges	Standard Rate
1	Under 60	$1,454
2	60-89	1,835
3	90-119	2,210
4	120-149	2,589
5	150-179	2,966
6	180-209	3,344
7	210-239	3,723
8	240-269	4,102
9	270-299	4,479
10	300-329	4,858
11	330-359	5,234
12	360-389	5,613
13	390-419	5,994
14	420 & Up	6,371

 

(2) (A) For group home programs that receive AFDC-FC
payments for services performed during the 2002-03, 2003-04,
2004-05, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10
fiscal years, the adjusted RCL point ranges below shall be used
for establishing the biennial rates for existing programs, pursuant
to paragraph (3) of subdivision (a) and in performing program
audits and in determining any resulting rate reduction, overpayment
assessment, or other actions pursuant to paragraph (2) of
subdivision (e):

 

	Adjusted Point Ranges for the 2002-03, 2003-04,
Rate Classification Level	2004-05, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10 Fiscal Years
1	Under 54
2	54-81
3	82-110
4	111-138
5	139-167
6	168-195
7	196-224
8	225-253
9	254-281
10	282-310
11	311-338
12	339-367
13	368-395
14	396 & Up

 

(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05,
2005-06, 2006-07, 2007-08, 2008-09, and 2009-10 fiscal years
shall remain responsible for ensuring the health and safety of the
children placed in their programs in accordance with existing
applicable provisions of the Health and Safety Code and
community care licensing regulations, as contained in Title 22 of
the California Code of Regulations.

(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the
RCL point ranges in paragraph (1) shall be used.

(D) Rates applicable for the 2009-10 fiscal year pursuant to the
act that adds this subparagraph shall be effective October 1, 2009.

(3) (A) For group home programs that receive AFDC-FC
payments for services performed during the 2009-10 fiscal year
the adjusted RCL point ranges below shall be used for establishing
the biennial rates for existing programs, pursuant to paragraph (3)
of subdivision (a) and in performing program audits and in
determining any resulting rate reduction, overpayment assessment,
or other actions pursuant to paragraph (2) of subdivision (e):

 

Rate	Adjusted Point Ranges
Classification	for the 2009-10
Level	Fiscal Years
1	Under 39
2	39-64
3	65-90
4	91-115
5	116-141
6	142-167
7	168-192
8	193-218
9	219-244
10	245-270
11	271-295
12	296-321
13	322-347
14	348 & Up

 

(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2009-10 fiscal year shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations as contained in Title 22 of the California Code of
Regulations.

(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the
RCL point ranges in paragraph (1) shall be used.

(g) (1) (A) For the 1999-2000 fiscal year, the standardized
rate for each RCL shall be adjusted by an amount equal to the
California Necessities Index computed pursuant to the methodology
described in Section 11453. The resultant amounts shall constitute
the new standardized schedule of rates, subject to further
adjustment pursuant to subparagraph (B).

(B) In addition to the adjustment in subparagraph (A),
commencing January 1, 2000, the standardized rate for each RCL
shall be increased by 2.36 percent, rounded to the nearest dollar.
The resultant amounts shall constitute the new standardized
schedule of rates.

(2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal
to the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the
new standardized schedule of rates.

(3) Effective January 1, 2001, the amount included in the
standard rate for each Rate Classification Level (RCL) for the
salaries, wages, and benefits for staff providing child care and
supervision or performing social work activities, or both, shall be
increased by 10 percent. This additional funding shall be used by
group home programs solely to supplement staffing, salaries,
wages, and benefit levels of staff specified in this paragraph. The
standard rate for each RCL shall be recomputed using this adjusted
amount and the resultant rates shall constitute the new standardized
schedule of rates. The department may require a group home
receiving this additional funding to certify that the funding was
utilized in accordance with the provisions of this section.

(4) Effective January 1, 2008, the amount included in the
standard rate for each RCL for the wages for staff providing child
care and supervision or performing social work activities, or both,
shall be increased by 5 percent, and the amount included for the
payroll taxes and other employer-paid benefits for these staff shall
be increased from 20.325 percent to 24 percent. The standard rate
for each RCL shall be recomputed using these adjusted amounts,
and the resulting rates shall constitute the new standardized
schedule of rates.

(5) The new standardized schedule of rates as provided for in
paragraph (4) shall be reduced by 10 percent, effective October 1,
2009, and the resulting rates shall constitute the new standardized
schedule of rates.

(6) The rates of licensed group home providers, whose rates are
not established under the standardized schedule of rates, shall be
reduced by 10 percent, effective October 1, 2009.

(h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:

(1) Any group home program that received an AFDC-FC rate
in the prior fiscal year at or above the standard rate for the RCL
in the current fiscal year shall continue to receive that rate.

(2) Any group home program that received an AFDC-FC rate
in the prior fiscal year below the standard rate for the RCL in the
current fiscal year shall receive the RCL rate for the current year.

(i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program
at a new location of an existing provider, unless the provider
submits a letter of recommendation from the host county, the
primary placing county, or a regional consortium of counties that
includes all of the following:

(A) That the program is needed by that county.

(B) That the provider is capable of effectively and efficiently
operating the program.

(C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency
to need the level of care and services that will be provided by the
program.

(D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification
and to discuss options with the primary placing county.

(2) The department shall encourage the establishment of
consortia of county placing agencies on a regional basis for the
purpose of making decisions and recommendations about the need
for, and use of, group home programs and other foster care
providers within the regions.

(3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish
its findings by November 1 of each year.

(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.

(k) For the purpose of this subdivision, “program change” means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase
in the licensed capacity or other alteration to an existing group
home program that does not increase the RCL or AFDC-FC rate
shall not constitute a program change.

(l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum
expenditures made by the department.

(m) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 59. end delete
begin insert SEC. 62. end insert   

Section 11462 is added to the Welfare and Institutions
Code, to read:

11462.  

(a) The department shall commence development of
a new payment structure for short-term residential treatment center
program placements claiming Title IV-E begin delete funding. end delete begin insert funding, in
consultation with county placing agencies and providers. end insert

(b) The department shall develop a rate system that includes
consideration of all of the following factors:

(1) Core services, either directly provided or secured with formal
agreements with other agencies, that encompass community service
and supports, begin delete permanency-related services, medical, end delete begin insert physical, end insert
behavioral, and mental health support and access to services,
begin insert including specialty mental health services, end insert educational support,
life and social support, transitional support services begin delete upon discharge,
biological parent and resource family supports, and services for
nonminor dependents. end delete begin insert for children, youth, and families who assume
permanency, and for children, youth, and families who step down
into lower levels of foster care, services for transition-aged youth,
services for nonminor dependents, and trauma-informed practices
and supports for children and youth, including treatment services. end insert

begin insert

(2) Specialized and intensive treatment supports that encompass
the elements of nonmedical care and supervision necessary to meet
youth safety and other needs that cannot be met in a family based
setting.

end insert begin delete

(2)

end delete

begin insert (3) end insert  Staff training.

begin delete

(3)

end delete

begin insert (4) end insert  Health and Safety Code requirements.

begin delete

(4)

end delete

begin insert (5) end insert  Accreditation that includes:

(A) Provision for all licensed short-term residential treatment
centers to begin insert obtain and end insert maintain in good standing accreditation from
a nationally recognized accreditation begin delete agency end delete begin insert agency, as identified
by the department, end insert with expertise in programs for youth group
care facilities, as determined by the department.

(B) Promulgation by the department of information identifying
that agency or agencies from which accreditation shall be required.

(C) Provision for timely reporting to the department of any
change in accreditation status.

begin delete

(5)

end delete

begin insert (6) end insert  Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.

begin delete

(6)

end delete

begin insert (7) end insert  Maximization of federal financial participation under Title
IV-E and Title XIX of the Social Security Act.

(c) The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal,
and health and safety audits and reviews.

(d) This section shall become operative on January 1, 2017.

begin delete SEC. 60. end delete
begin insert SEC. 63. end insert   

Section 11462.001 is added to the Welfare and
Institutions Code, immediately following Section 11462, to read:

11462.001.  

(a) (1) Foster care providers licensed as group
homes, as defined in departmental regulations, including public
child care institutions, as defined in Section 11402.5, shall have
rates established by classifying each group home program and
applying the standardized schedule of rates. The department shall
collect information from group providers in order to classify each
group home program.

(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home
is organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate
the rate of any group home not organized and operated on a
nonprofit basis as required under subdivision (h) of Section 11400.

(3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home
program on a biennial basis. Submission of the biennial rate
application shall be made according to a schedule determined by
the department.

(B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby
exempted from the requirement to describe specific facts showing
the need for immediate action.

(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care
and services to be provided using a point system developed by the
department and described in the report, “The Classification of
Group Home Programs under the Standardized Schedule of Rates
System,” prepared by the State Department of Social Services,
August 30, 1989.

(c) The rate for each RCL has been determined by the
department with data from the AFDC-FC Group Home Rate
Classification Pilot Study.

(d) As used in this section, “standardized schedule of rates”
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.

(e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective
basis, according to the level of care and services that the group
home operator projects will be provided during the period of time
for which the rate is being established.

(1) (A) (i) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the
RCL no later than 13 months after the effective date of the
provisional rate. The determination of the RCL shall be based on
a program audit of documentation and other information that
verifies the level of care and supervision provided by the group
home program during a period of the two full calendar months or
60 consecutive days, whichever is longer, preceding the date of
the program audit, unless the group home program requests a lower
RCL. The program audit shall not cover the first six months of
operation under the provisional rate.

(ii) For audit purposes, if the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of
AFDC-FC eligible children to all children in placement.

(iii) Pending the department’s issuance of the program audit
report that determines the RCL for the group home program, the
group home program shall be eligible to receive a provisional rate
that shall be based on the level of care and service that the group
home program proposes it will provide. The group home program
shall be eligible to receive only the RCL determined by the
department during the pendency of any appeal of the department’s
RCL determination.

(B) A group home program may apply for an increase in its
RCL no earlier than two years from the date the department has
determined the group home program’s rate, unless the host county,
the primary placing county, or a regional consortium of counties
submits to the department in writing that the program is needed
in that county, that the provider is capable of effectively and
efficiently operating the proposed program, and that the provider
is willing and able to accept AFDC-FC children for placement
who are determined by the placing agency to need the level of care
and services that will be provided by the program.

(C) To ensure efficient administration of the department’s audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the
RCL determination available to the department in a timely manner.
Except as provided in this section, the department may refuse to
consider, for purposes of determining the rate, any documents that
are relevant to the determination of the RCL that are not made
available by the group home provider by the date the group home
provider requests a hearing on the department’s RCL
determination. The department may refuse to consider, for purposes
of determining the rate, the following records, unless the group
home provider makes the records available to the department
during the fieldwork portion of the department’s program audit:

(i) Records of each employee’s full name, home address,
occupation, and social security number.

(ii) Time records showing when the employee begins and ends
each work period, meal periods, split shift intervals, and total daily
hours worked.

(iii) Total wages paid each payroll period.

(iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations
that are relevant to the RCL determination.

(D) To minimize financial abuse in the startup of group home
programs, when the department’s RCL determination is more than
three levels lower than the RCL level proposed by the group home
provider, and the group home provider does not appeal the
department’s RCL determination, the department shall terminate
the rate of a group home program 45 days after issuance of its
program audit report. When the group home provider requests a
hearing on the department’s RCL determination, and the RCL
determined by the director under subparagraph (E) is more than
three levels lower than the RCL level proposed by the group home
provider, the department shall terminate the rate of a group home
program within 30 days of issuance of the director’s decision.
Notwithstanding the reapplication provisions in subparagraph (B),
the department shall deny any request for a new or increased RCL
from a group home provider whose RCL is terminated pursuant
to this subparagraph, for a period of no greater than two years from
the effective date of the RCL termination.

(E) A group home provider may request a hearing of the
department’s RCL determination under subparagraph (A) no later
than 30 days after the date the department issues its RCL
determination. The department’s RCL determination shall be final
if the group home provider does not request a hearing within the
prescribed time. Within 60 days of receipt of the request for
hearing, the department shall conduct a hearing on the RCL
determination. The standard of proof shall be the preponderance
of the evidence and the burden of proof shall be on the department.
The hearing officer shall issue the proposed decision within 45
days of the close of the evidentiary record. The director shall adopt,
reject, or modify the proposed decision, or refer the matter back
to the hearing officer for additional evidence or findings within
100 days of issuance of the proposed decision. If the director takes
no action on the proposed decision within the prescribed time, the
proposed decision shall take effect by operation of law.

(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a
group home fails to maintain the level of services projected,
including, but not limited to, rate reduction and recovery of
overpayments.

(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for
any period that a group home program maintains the level of care
and services associated with the RCL for children actually residing
in the facility. Determinations of levels of care and services shall
be made in the same way as modifications of overpayments are
made pursuant to paragraph (2) of subdivision (b) of Section
11466.2.

(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement
shall provide notification of this change to all counties that have
placed children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of
the change in staffing pattern.

(f) The standardized schedule of rates pursuant to subdivisions
(f) and (g) of Section 11462, as that section read on January 1,
2015, shall be implemented as follows:

(1) Any group home program that received an AFDC-FC rate
in the prior fiscal year at or above the standard rate for the RCL
in the current fiscal year shall continue to receive that rate.

(2) Any group home program that received an AFDC-FC rate
in the prior fiscal year below the standard rate for the RCL in the
current fiscal year shall receive the RCL rate for the current year.

(g) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program
at a new location of an existing provider, unless the provider
submits a letter of recommendation from the host county, the
primary placing county, or a regional consortium of counties that
includes all of the following:

(A) That the program is needed by that county.

(B) That the provider is capable of effectively and efficiently
operating the program.

(C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency
to need the level of care and services that will be provided by the
program.

(D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification
and to discuss options with the primary placing county.

(2) The department shall encourage the establishment of
consortia of county placing agencies on a regional basis for the
purpose of making decisions and recommendations about the need
for, and use of, group home programs and other foster care
providers within the regions.

(3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish
its findings by November 1 of each year.

(h) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.

(i) For the purpose of this subdivision, “program change” means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase
in the licensed capacity or other alteration to an existing group
home program that does not increase the RCL or AFDC-FC rate
shall not constitute a program change.

(j) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum
expenditures made by the department.

(k) This section shall only apply to a group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04.

(l) This section shall become operative on January 1, 2017.

(m) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2018, deletes or extends that date.

begin delete SEC. 61. end delete
begin insert SEC. 64. end insert   

Section 11462.01 of the Welfare and Institutions
Code is amended to read:

11462.01.  

(a) Commencing July 1, 1994, a group home
program shall be classified at RCL 13 or RCL 14 if the program
meets all of the following requirements:

(1) The group home program is providing, or has proposed to
provide, the level of care and services necessary to generate
sufficient points in the ratesetting process to be classified at RCL
13 if the rate application is for RCL 13 or to be classified at RCL
14 if the rate application is for RCL 14.

(2) (A) (i) The group home provider shall agree not to accept
for placement into a group home program AFDC-FC funded
children, including voluntary placements and those who have an
emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title
34 of the Code of Federal Regulations, children placed out-of-home
pursuant to an individualized education program developed under
Article 2 (commencing with Section 56320) of Chapter 4 of Part
3 of the Education Code, who have not been approved for
placement by an interagency placement committee, as described
by Section 4096. The approval shall be in writing and shall indicate
that the interagency placement committee has determined that the
child has an emotional disturbance, as defined in Section
300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and
subject to Section 1502.4 of the Health and Safety Code, and that
the child needs the level of care provided by the group home.

(ii) For purposes of clause (i), group home providers who accept
children who are assessed as having an emotional disturbance, as
defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations and placed out-of-home pursuant to an individualized
education program developed under Section 7572.5 of the
Government Code shall be deemed to have met the interagency
placement committee approval for placement requirements of
clause (i) if the individualized education program assessment
indicates that the child has been determined to have an emotional
disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations and subject to Section 1502.4 of the
Health and Safety Code, and needs the level of care described in
clause (i).

(B) (i) Nothing in this subdivision shall prevent the emergency
placement of a child into a group home program prior to the
determination by the interagency placement committee pursuant
to clause (i) of subparagraph (A) if a licensed mental health
professional, as defined in the department’s AFDC-FC ratesetting
regulations, has evaluated, in writing, the child within 72 hours of
placement, and determined the child to have an emotional
disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations and in need of the care and services
provided by the group home program.

(ii) The interagency placement committee shall, within 30 days
of placement pursuant to clause (i), make the determination
required by clause (i) of subparagraph (A).

(iii) If, pursuant to clause (ii), the placement is determined to
be appropriate, the committee shall transmit the approval, in
writing, to the county placing agency and the group home provider.

(iv) If, pursuant to clause (ii) the placement is determined not
to be appropriate, the child shall be removed from the group home
and referred to a more appropriate placement, as specified in
subdivision (f).

(C) Commencing December 15, 1992, with respect to AFDC-FC
funded children, only those children who are approved for
placement by an interagency placement committee may be accepted
by a group home under this subdivision.

(3) The group home program is certified by the State Department
of Health Care Services pursuant to Section 4096.5.

(b) The department shall not establish a rate for a group home
requesting a program change to RCL 13 or RCL 14 unless the
group home provider submits a recommendation from the host
county or the primary placing county that the program is needed
and that the provider is willing and capable of operating the
program at the level sought. For purposes of this subdivision, “host
county,” “primary placing county,” and “program change” mean
the same as defined in the department’s AFDC-FC ratesetting
regulations.

(c) The effective date of rates set at RCL 13 or RCL 14 shall
be the date that all the requirements are met, but not prior to July
1 of that fiscal year. Nothing in this section shall affect RCL 13
or RCL 14 ratesetting determinations in prior years.

(d) Any group home program that has been classified at RCL
13 or RCL 14 pursuant to the requirements of subdivision (a) shall
be reclassified at the appropriate lower RCL with a commensurate
reduction in rate if either of the following occurs:

(1) The group home program fails to maintain the level of care
and services necessary to generate the necessary number of points
for RCL 13 or RCL 14, as required by paragraph (1) of subdivision
(a). The determination of points shall be made consistent with the
department’s AFDC-FC ratesetting regulations for other rate
classification levels.

(2) The group home program fails to maintain a certified mental
health treatment program as required by paragraph (3) of
subdivision (a).

(3) In the event of a determination under paragraph (1), the
group home may appeal the finding or submit a corrective action
plan. The appeal process specified in Section 11466.6 shall be
available to RCL 13 and RCL 14 group home providers. During
any appeal, the group home shall maintain the appropriate level
of care.

(e) The interagency placement committee shall periodically
review, but no less often than that required by current law, the
placement of the child. If the committee determines that the child
no longer needs, or is not benefiting from, placement in a RCL 13
or RCL 14 group home, the committee shall require the removal
of the child and a new disposition.

(f) (1) (A) If, at any time subsequent to placement in an RCL
13 or RCL 14 group home program, the interagency placement
committee determines either that the child is not assessed as having
an emotional disturbance, as defined in Section 300.8(c)(4)(i) of
Title 34 of the Code of Federal Regulations or is not in need of
the care and services provided by the group home program, it shall
notify, in writing, both the county placing agency and the group
home provider within 10 days of the determination.

(B) The county placing agency shall notify the group home
provider, in writing, within five days from the date of the notice
from the committee, of the county’s plan for removal of the child.

(C) The county placing agency shall remove the child from the
group home program within 30 days from the date of the notice
from the interagency placement committee.

(2) (A) If a county placing agency does not remove a child
within 30 days from the date of the notice from the interagency
placement committee, the group home provider shall notify the
interagency placement committee and the department, in writing,
of the county’s failure to remove the child from the group home
program.

(B) The group home provider shall make the notification
required by subparagraph (A) within five days of the expiration
of the 30-day removal period. If notification is made, a group home
provider shall not be subject to an overpayment determination due
to failure of the county placing agency to remove the child.

(3) Any county placing agency that fails to remove a child from
a group home program under this paragraph within 30 days from
the date of the notice from the interagency placement committee
shall be assessed a penalty in the amount of the state and federal
financial participation in the AFDC-FC rate paid on behalf of the
child commencing on the 31st day and continuing until the child
is removed.

(g) (1) If any RCL 13 or RCL 14 group home provider discovers
that it does not have written approval for placement of any
AFDC-FC funded child placed on or after December 15, 1992,
from the interagency placement committee, it shall notify the
county placing agency, in writing, and shall request the county to
obtain approval from the interagency placement committee or
remove the child from the group home program. A group home
provider shall have 30 days from the child’s first day of placement
to discover the placement error and to notify the county placing
agency.

(2) Any county placing agency that receives notification
pursuant to paragraph (2) of subdivision (f) shall obtain approval
for placement from the interagency placement committee or remove
the child from the group home program within 30 days from the
date of the notice from the group home provider. The program
shall not be reclassified to a lower RCL for a violation of the
provisions referred to in this paragraph.

(3) (A) If a county placing agency does not have the placement
of a child approved by the interagency placement committee or
removed from the group home within 30 days from the date of the
notice from the group home provider, the group home provider
shall notify the county placing agency and the department, in
writing, of the county’s failure to have the placement of the child
approved or remove the child from the group home program.

(B) The group home provider shall make the notification
required by subparagraph (A) within five days after the expiration
of the 30-day approval or removal period. If notification is made,
a group home provider shall not be subject to an overpayment
determination due to failure of the county placing agency to remove
the child.

(C) Any group home provider that fails to notify the county
placing agency pursuant to subparagraph (A) shall be assessed a
penalty in the amount of the AFDC-FC rate paid to the group home
provider on behalf of the child commencing on the 31st day of
placement and continuing until the county placing agency is
notified.

(4) Any county placing agency that fails to have the placement
of a child approved or to have the child removed from the group
home program within 30 days shall be assessed a penalty in the
amount of the state and federal financial participation in the
AFDC-FC rate paid on behalf of the child commencing on the 31st
day of placement and continuing until the child is removed.

(h) The department shall develop regulations to obtain payment
of assessed penalties as provided in this section. For audit purposes
and the application of penalties for RCL 13 and RCL 14 programs,
the department shall apply statutory provisions that were in effect
during the period for which the audit was conducted.

(i) (1) Nothing in this subparagraph shall prohibit a group home
classified at RCL 13 or RCL 14 for purposes of the AFDC-FC
program, from accepting private placements of children.

(2) When a referral is not from a public agency and no public
funding is involved, there shall be no requirement for public agency
review or determination of need.

(3) Children subject to paragraphs (1) and (2) shall have been
assessed as having an emotional disturbance, as defined in Section
300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and
subject to Section 1502.4 of the Health and Safety Code, by a
licensed mental health professional, as defined in begin delete Sections 629 to
633, inclusive, of Title 9 of the California Code of Regulations. end delete
begin insert subdivision (g) of Section 4096. end insert

(j) A child shall not be placed in a group home program
classified at an RCL 13 or RCL 14 if the placement is paid for
with county-only funds unless the child is assessed as having an
emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title
34 of the Code of Federal Regulations, subject to Section 1502.4
of the Health and Safety Code, by a licensed mental health
professional, as defined in begin delete Sections 629 to 633, inclusive, of Title
9 of the California Code of Regulations. end delete begin insert subdivision (g) of Section
4096. end insert

(k) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 62. end delete
begin insert SEC. 65. end insert   

Section 11462.01 is added to the Welfare and
Institutions Code, to read:

11462.01.  

(a) All short-term residential treatment centers, and
foster family agencies that provide treatment services, shall
maintain in good standing the appropriate mental health
certification issued by the State Department of Health Care
Services or a county to which the department has delegated
certification authority pursuant to Section 4096.5, and additionally
shall begin delete meet all of the following requirements: end delete

begin delete (1) end delete begin delete   end delete begin delete Maintain end delete begin insert maintain end insert the level of care and services necessary
to meet the needs of the children and youth in care.

begin delete

(A)

end delete

begin insert (b) end insert  The short-term residential treatment center, as defined in
paragraph (18) of subdivision (a) of Section 1502 of the Health
and Safety Code, may accept for placement begin delete children who do not
require inpatient care in a licensed health facility and who meet at
least one of the following conditions: end delete begin insert a child who meets all of the
following criteria: end insert

begin insert

(1) A child who does not require inpatient care in a licensed
health facility.

end insert begin insert

(2) A child who has been assessed as requiring the level of
services provided in order to maintain the safety of the child or
others due to behaviors that render the child or those around the
child unsafe, or that prevent the effective delivery of needed
services and supports provided in the child’s own home or in other
family settings, such as with a relative, guardian, foster family,
resource family, or adoptive family, and who meets at least one
of the following conditions:

end insert begin delete

(i)

end delete

begin insert (A) end insert  A child who has been assessed as meeting the medical
necessity criteria for specialty mental health services under the
Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment
program, as the criteria are described in Section 1830.210 of Title
9 of the California Code of Regulations.

begin delete

(ii)

end delete

begin insert (B) end insert  A child assessed as having an emotional disturbance
pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations.

begin delete

(iii)

end delete

begin insert (C) end insert  A child who has been assessed as requiring the level of
services provided begin delete to maintain the safety of the child or others due
to behaviors that render the child or those around the child unsafe,
or that prevent the effective delivery of needed services and
supports provided in the child’s own home or in other family
settings, such as with a relative, guardian, foster family, resource
family, or adoptive family. In certain end delete begin insert in order to meet his or her
behavioral or therapeutic needs. In appropriate end insert circumstances,
this may include the following children:

begin delete

(I)

end delete

begin insert (i) end insert  A commercially or sexually exploited child.

begin delete

(II)

end delete

begin insert (ii) end insert  A private voluntary placement, begin delete where end delete begin insert if end insert the youth exhibits
status offender behavior and begin delete where end delete begin insert if end insert the parents or other relative
feel they cannot control the child’s behavior and short-term
intervention is needed to transition begin delete to end delete the child back into the home.

begin delete

(III)

end delete

begin insert (iii) end insert  A juvenile sex offender.

begin delete

(IV)

end delete

begin insert (iv) end insert  A child who is affiliated begin delete with, end delete begin insert with end insert or begin delete impacted, by end delete begin insert impacted
by end insert a gang.

begin delete

(B)

end delete

begin insert (c) end insert  The licensed foster family agency, as defined in paragraph
(4) of subdivision (a) of Section 1502 of the Health and Safety
Code, which provides treatment services, may accept for placement
children who do not require inpatient care in a licensed health
facility and who meet at least one of the following conditions:

begin delete

(i)

end delete

begin insert (1) end insert  A child who has been assessed as meeting the medical
necessity criteria for specialty mental health services under the
Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment
program, as the criteria are described in Section 1830.210 of Title
9 of the California Code of Regulations.

begin delete

(ii)

end delete

begin insert (2) end insert  A child assessed as having an emotional disturbance pursuant
to Section 300.8 (c)(4)(i) of Title 34 of the Code of Federal
Regulations.

begin delete

(iii)

end delete

begin insert (3) end insert  A child who has been assessed as requiring the level of
services to meet his or her behavioral or therapeutic needs.

begin delete

(C)

end delete

begin insert (d) end insert  The assessments described in begin delete clauses (i) and (ii) of this
subparagraph and clauses (i) and (ii) of subparagraph (A) end delete
begin insert subparagraphs (A) and (B) of paragraph (2) of subdivision (b)
and paragraphs (1) and (2) of subdivision (c), end insert shall be made by
all of the following, as applicable:

begin delete

(i)

end delete

begin insert (1) end insert  An interagency placement committee, as described in Section
4096.

begin delete

(ii)

end delete

begin insert (2) end insert  A licensed mental health professional begin delete pursuant to paragraph
(3) of subdivision (i) of, or subdivision (j) of, of Section 11462.01. end delete
begin insert as defined in subdivision (g) of Section 4096. end insert

begin delete

(iii)

end delete

begin insert (3) end insert  For the purposes of begin delete paragraph (1), end delete begin insert this section, an end insert AFDC-FC
funded begin delete children end delete begin insert child end insert with an individualized education program
developed pursuant to Article 2 (commencing with Section 56320)
of Chapter 4 of Part 30 of the Education Code that assesses the
child as having an emotional disturbance as defined in, and subject
to, this section and recommends out-of-home placement at the
level of care provided by the provider, shall be deemed to have
met the interagency placement committee approval for placement
requirements.

begin delete

(D)

end delete

begin insert (e) end insert  The assessments described in begin delete clause (iii) of subparagraph
(A) and clause (iii) of subparagraph (B) end delete begin insert subparagraph (C) of
paragraph (2) of subdivision (b) and paragraph (3) of subdivision
(c) end insert shall be made pursuant to subdivision (b) of Section 706.6 or
paragraph (2) of subdivision (c) of Section 16501.1.

begin delete

(2) (A)

end delete

begin insert (f) end insert begin insert   end insert begin insert (1) end insert  The provider shall ensure that begin delete AFD-FC end delete begin insert AFDC-FC end insert funded
children accepted for placement have been approved for placement
by an interagency placement committee, as defined in paragraph
(4) of subdivision (a) of Section 16501.

begin delete

(B)

end delete

begin insert (2) end insert  The approval shall be in writing and shall indicate that the
interagency placement committee has determined that the child
has an emotional disturbance, as defined in Section 300.8(c)(4)(i)
of Title 34 of the Code of Federal Regulations and subject to
Section 1502.4 of the Health and Safety Code, and that the child
needs the level of care provided by the provider.

(3) (A) Nothing in begin insert subdivisions (b) to (e), inclusive, or end insert this
subdivision shall prevent an emergency placement of a child or
youth into a short-term residential treatment center or foster family
agency that provides treatment services prior to the determination
by the interagency placement committee, but only if a licensed
mental health professional, as defined in begin delete the department’s
AFDC-FC ratesetting regulations, end delete begin insert subdivision (g) of Section 4096, end insert
has made a written determination within 72 hours of the child’s
or youth’s placement, that the child or youth is seriously
emotionally disturbed and is in need of the care and services
provided by the short-term residential treatment center or foster
family agency that provides treatment services.

begin delete

(B) (i)

end delete

begin insert (g) end insert begin insert   end insert begin insert (1) end insert  The interagency placement committee, as appropriate,
shall, within 30 days of placement, make the determinations, with
recommendations from the child and family team, required by this
subdivision.

begin delete

(ii)

end delete

begin insert (2) end insert  If it determines the placement is appropriate, the interagency
placement committee, with recommendations from the child and
family team, shall transmit the approval, in writing, to the county
placing agency and the short-term residential treatment center or
foster family agency that provides treatment services.

begin delete

(iii)

end delete

begin insert (3) end insert  If it determines the placement is not appropriate, interagency
placement committee, with recommendations from the child and
family team, shall transmit the disapproval, in writing, to the county
placing agency and the short-term residential treatment center or
foster family agency that provides treatment services, and the child
or youth shall be referred to an appropriate placement, as specified
in begin delete subdivision (f). end delete begin insert this section. end insert

begin delete

(C)

end delete

begin insert (h) end insert  Commencing January 1, 2017, for AFDC-FC funded children
or youth, only those children or youth who are approved for
placement by the interagency placement committee, with
recommendations from the child and family team, may be accepted
by a short-term residential treatment center or foster family agency
that provides treatment services.

begin delete

(D)

end delete

begin insert (i) end insert begin insert   end insert begin insert (1) end insert  The department shall, through regulation, establish
consequences for the failure of a short-term residential treatment
center, or a foster family agency that provides treatment services,
to obtain written approval for placement of an AFDC-FC funded
child or youth from the begin delete child and family team or end delete interagency
placement begin delete committee. end delete begin insert committee, in consultation with the County
Welfare Directors Association of California, Chief Probation
Officers of California, County Behavioral Health Directors
Association of California, and stakeholders. end insert

begin delete

(4)

end delete

begin insert (2) end insert  The short-term residential treatment center, or foster family
agency that provides treatment services, shall be certified by the
State Department of Health Care Services or a county to which
the department has delegated certification authority pursuant to
Section 4096.5.

begin delete

(b)

end delete

begin insert (j) end insert  The department shall not establish a rate for a short-term
residential treatment center or foster family agency that provides
intensive and therapeutic treatment unless the provider submits a
recommendation from the host county or the primary placing
county that the program is needed and that the provider is willing
and capable of operating the program at the level sought. For
purposes of this subdivision, “host county,” and “primary placing
county,” mean the same as defined in the department’s AFDC-FC
ratesetting regulations.

begin delete

(c)

end delete

begin insert (k) end insert  The effective date of rates set for a short-term residential
treatment center or foster family agency that provides intensive
and therapeutic treatment shall be the date that all the requirements
are met.

begin delete

(d)

end delete

begin insert (l) end insert  Any short-term residential treatment center or foster family
agency that provides intensive and therapeutic treatment pursuant
to subdivision (a) shall be reclassified and paid at the appropriate
program rate for which it is qualified if either of the following
occurs:

(1) (A) It fails to maintain the level of care and services
necessary to meet the needs of the children and youth in care, as
required by subdivision (a). The determination shall be made
consistent with the department’s AFDC-FC ratesetting regulations
developed pursuant to Sections 11462 and 11463 and shall take
into consideration the highest level of care and associated rates
for which the program is eligible.

(B) In the event of a determination under this paragraph, the
short-term residential treatment center or foster family agency that
provides intensive and therapeutic treatment may appeal the finding
or submit a corrective action plan. The appeal process specified
in Section 11466.6 shall be available to a short-term residential
treatment center or foster family agency that provides intensive
and therapeutic treatment. During any appeal, the short-term
residential treatment center or foster family agency that provides
intensive and therapeutic treatment shall maintain the appropriate
level of care.

(2) It fails to maintain a certified mental health treatment
program as required by subdivision (a).

begin delete

(e)

end delete

begin insert (m) end insert  In addition to any other review required by law, the child
and family team as defined in paragraph (4) of subdivision (a) of
Section 16501 shall periodically review the placement of the child
or youth. If the child and family team make a recommendation
that the child or youth no longer needs, or is not benefiting from,
placement in a short-term residential treatment center or foster
family agency that provides intensive and therapeutic treatment,
the team shall transmit the disapproval, in writing, to the county
placing agency and the short-term residential treatment center or
foster family agency that provides intensive and therapeutic
treatment, and the child or youth shall be referred to an appropriate
placement.

begin delete

(f)

end delete

begin insert (n) end insert  The department shall develop a process to address
placements when, subsequent to the child’s or youth’s placement,
a determination is made by the interagency placement team and
shall consider the recommendations of the child and family team,
either that the child or youth is not in need of the care and services
provided by the certified program. The process shall include, but
not be limited to:

(1) Notice of the determination in writing to both the county
placing agency and the short-term residential treatment center or
foster family agency that provides intensive and therapeutic
treatment.

(2) Notice of the county’s plan, and a time frame, for removal
of the child or youth in writing to the short-term residential
treatment center or foster family agency that provides intensive
and therapeutic treatment.

(3) Referral to an appropriate placement.

(4) Actions to be taken if a child or youth is not timely removed
from the short-term residential treatment center or foster family
agency that provides intensive and therapeutic treatment or placed
in an appropriate placement.

begin delete

(g)

end delete

begin insert (o) end insert  (1) Nothing in this section shall prohibit a short-term
residential treatment center or foster family agency that provides
intensive and therapeutic treatment for purposes of the AFDC-FC
program, from accepting private placements of children or youth.

(2) When a referral is not from a public agency and no public
funding is involved, there is no requirement for public agency
review nor determination of need.

(3) Children and youth subject to paragraphs (1) and (2) shall
have been determined to have an emotional disturbance, as defined
in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations and subject to Section 1502.4 of the Health and Safety
Code, by a licensed mental health begin delete professional. end delete begin insert professional, as
defined in subdivision (g) of Section 4096. end insert

begin delete

(h)

end delete

begin insert (p) end insert  This section shall become operative on January 1, 2017.

begin delete SEC. 63. end delete
begin insert SEC. 66. end insert   

Section 11462.015 is added to the Welfare and
Institutions Code, to read:

11462.015.  

(a) A group home program shall be classified at
RCL 13 or RCL 14 if the program meets all of the following
requirements:

(1) The group home program is providing, or has proposed to
provide, the level of care and services necessary to generate
sufficient points in the ratesetting process to be classified at RCL
13 if the rate application is for RCL 13 or to be classified at RCL
14 if the rate application is for RCL 14.

(2) (A) (i) The group home provider shall agree not to accept
for placement into a group home program AFDC-FC funded
children, including voluntary placements and children who have
been assessed as having an emotional disturbance as defined in
Section 300.8(c)(4)(i) of Title 34 of the Code of Federal
Regulations placed out-of-home pursuant to an individualized
education program developed under Article 2 (commencing with
Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 the
Education Code, who have not been approved for placement by
an interagency placement committee, as described by Section
4096.1. The approval shall be in writing and shall indicate that the
interagency placement committee has determined that the child
has an emotional disturbance as defined in Section 300.8(c)(4)(i)
of Title 34 of the Code of Federal Regulations, and subject to
Section 1502.45 of the Health and Safety Code, and that the child
needs the level of care provided by the group home.

(ii) For purposes of clause (i), group home providers who accept
children who have been assessed as having emotional disturbances
as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of
Federal Regulations who are assessed and placed out-of-home
pursuant to an individualized education program developed under
Article 2 (commencing with Section 56320) of Chapter 4 of Part
30 of Division 4 of Title 2 the Education Code shall be deemed to
have met the interagency placement committee approval for
placement requirements of clause (i) if the individualized education
program assessment indicates that the child has been determined
to have an emotional disturbance, as defined in Section 300.8
(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject
to Section 1502.45 of the Health and Safety Code, and needs the
level of care described in clause (i).

(B) (i) Nothing in this subdivision shall prevent the emergency
placement of a child into a group home program prior to the
determination by the interagency placement committee pursuant
to clause (i) of subparagraph (A) if a licensed mental health
professional, as defined in the department’s AFDC-FC ratesetting
regulations, has evaluated, in writing, the child within 72 hours of
placement, and has determined the child to have an emotional
disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations and in need of the care and services
provided by the group home program.

(ii) The interagency placement committee shall, within 30 days
of placement pursuant to clause (i), make the determination
required by clause (i) of subparagraph (A).

(iii) If, pursuant to clause (ii), the placement is determined to
be appropriate, the committee shall transmit the approval, in
writing, to the county placing agency and the group home provider.

(iv) If, pursuant to clause (ii) the placement is determined not
to be appropriate, the child shall be removed from the group home
and referred to a more appropriate placement, as specified in
subdivision (f).

(C) With respect to AFDC-FC funded children, only those
children who are approved for placement by an interagency
placement committee may be accepted by a group home under this
subdivision.

(3) The group home program is certified by the State Department
of Health Care Services pursuant to Section 4096.5.

(b) The department shall not establish a rate for a group home
requesting a program change to RCL 13 or RCL 14 unless the
group home provider submits a recommendation from the host
county or the primary placing county that the program is needed
and that the provider is willing and capable of operating the
program at the level sought. For purposes of this subdivision, “host
county,” “primary placing county,” and “program change” mean
the same as defined in the department’s AFDC-FC ratesetting
regulations.

(c) The effective date of rates set at RCL 13 or RCL 14 shall
be the date that all the requirements are met, but not prior to July
1 of that fiscal year. Nothing in this section shall affect RCL 13
or RCL 14 ratesetting determinations in prior years.

(d) Any group home program that has been classified at RCL
13 or RCL 14 pursuant to the requirements of subdivision (a) shall
be reclassified at the appropriate lower RCL with a commensurate
reduction in rate if either of the following occurs:

(1) The group home program fails to maintain the level of care
and services necessary to generate the necessary number of points
for RCL 13 or RCL 14, as required by paragraph (1) of subdivision
(a). The determination of points shall be made consistent with the
department’s AFDC-FC ratesetting regulations for other rate
classification levels.

(2) The group home program fails to maintain a certified mental
health treatment program as required by paragraph (3) of
subdivision (a).

(3) In the event of a determination under paragraph (1), the
group home may appeal the finding or submit a corrective action
plan. The appeal process specified in Section 11466.6 shall be
available to RCL 13 and RCL 14 group home providers. During
any appeal, the group home shall maintain the appropriate level
of care.

(e) The interagency placement committee shall periodically
review, but no less often than that required by current law, the
placement of the child. If the committee determines that the child
no longer needs, or is not benefiting from, placement in a RCL 13
or RCL 14 group home, the committee shall require the removal
of the child and a new disposition.

(f) (1) (A) If, at any time subsequent to placement in an RCL
13 or RCL 14 group home program, the interagency placement
committee determines either that the child is not seriously
emotionally disturbed or is not in need of the care and services
provided by the group home program, it shall notify, in writing,
both the county placing agency and the group home provider within
10 days of the determination.

(B) The county placing agency shall notify the group home
provider, in writing, within five days from the date of the notice
from the committee, of the county’s plan for removal of the child.

(C) The county placing agency shall remove the child from the
group home program within 30 days from the date of the notice
from the interagency placement committee.

(2) (A) If a county placing agency does not remove a child
within 30 days from the date of the notice from the interagency
placement committee, the group home provider shall notify the
interagency placement committee and the department, in writing,
of the county’s failure to remove the child from the group home
program.

(B) The group home provider shall make the notification
required by subparagraph (A) within five days of the expiration
of the 30-day removal period. If notification is made, a group home
provider shall not be subject to an overpayment determination due
to failure of the county placing agency to remove the child.

(3) Any county placing agency that fails to remove a child from
a group home program under this paragraph within 30 days from
the date of the notice from the interagency placement committee
shall be assessed a penalty in the amount of the state and federal
financial participation in the AFDC-FC rate paid on behalf of the
child commencing on the 31st day and continuing until the child
is removed.

(g) (1) If any RCL 13 or RCL 14 group home provider discovers
that it does not have written approval for placement of any
AFDC-FC funded child from the interagency placement committee,
it shall notify the county placing agency, in writing, and shall
request the county to obtain approval from the interagency
placement committee or remove the child from the group home
program. A group home provider shall have 30 days from the
child’s first day of placement to discover the placement error and
to notify the county placing agency.

(2) Any county placing agency that receives notification
pursuant to paragraph (2) of subdivision (f) shall obtain approval
for placement from the interagency placement committee or remove
the child from the group home program within 30 days from the
date of the notice from the group home provider. The program
shall not be reclassified to a lower RCL for a violation of the
provisions referred to in this paragraph.

(3) (A) If a county placing agency does not have the placement
of a child approved by the interagency placement committee or
removed from the group home within 30 days from the date of the
notice from the group home provider, the group home provider
shall notify the county placing agency and the department, in
writing, of the county’s failure to have the placement of the child
approved or remove the child from the group home program.

(B) The group home provider shall make the notification
required by subparagraph (A) within five days after the expiration
of the 30-day approval or removal period. If notification is made,
a group home provider shall not be subject to an overpayment
determination due to failure of the county placing agency to remove
the child.

(C) Any group home provider that fails to notify the county
placing agency pursuant to subparagraph (A) shall be assessed a
penalty in the amount of the AFDC-FC rate paid to the group home
provider on behalf of the child commencing on the 31st day of
placement and continuing until the county placing agency is
notified.

(4) Any county placing agency that fails to have the placement
of a child approved or to have the child removed from the group
home program within 30 days shall be assessed a penalty in the
amount of the state and federal financial participation in the
AFDC-FC rate paid on behalf of the child commencing on the 31st
day of placement and continuing until the child is removed.

(h) The department shall develop regulations to obtain payment
of assessed penalties as provided in this section. For audit purposes
and the application of penalties for RCL 13 and RCL 14 programs,
the department shall apply statutory provisions that were in effect
during the period for which the audit was conducted.

(i) (1) Nothing in this subdivision shall prohibit a group home
classified at RCL 13 or RCL 14 for purposes of the AFDC-FC
program, from accepting private placements of children.

(2) When a referral is not from a public agency and no public
funding is involved, there shall be no requirement for public agency
review or determination of need.

(3) Children subject to paragraphs (1) and (2) shall have been
assessed as having an emotional disturbance, as defined in Section
300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and
subject to Section 1502.45 of the Health and Safety Code, by a
licensed mental health professional, as defined in begin delete Sections 629 to
633, inclusive, of Title 9 of the California Code of Regulations. end delete
begin insert subdivision (g) of Section 4096. end insert

(j) A child shall not be placed in a group home program
classified at an RCL 13 or RCL 14 if the placement is paid for
with county-only funds unless the child is assessed as having an
emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title
34 of the Code of Federal Regulations, subject to Section 1502.45
of the Health and Safety Code, by a licensed mental health
professional, as defined in begin delete Sections 629 to 633, inclusive, of Title
9 of the California Code of Regulations. end delete begin insert subdivision (g) of Section
4096. end insert

(k) This section shall only apply to a group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04.

(l) This section shall become operative on January 1, 2017.

(m) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2018, deletes or extends that date.

begin delete SEC. 64. end delete
begin insert SEC. 67. end insert   

Section 11462.02 of the Welfare and Institutions
Code is amended to read:

11462.02.  

(a) Notwithstanding paragraph (2) of subdivision
(a) of Section 11462, a foster care provider licensed as a group
home also may have a rate established if the group home is
operated by the County of San Mateo, as provided by subdivision
(h) of Section 11400.

(b) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 65. end delete
begin insert SEC. 68. end insert   

Section 11462.02 is added to the Welfare and
Institutions Code, to read:

11462.02.  

(a) Any existing county-operated foster family
agency or group home, including the group home operated by the
County of San Mateo, shall, commencing January 1, 2017, be
classified as, and shall meet all of the requirements of, a foster
family agency or a short-term residential treatment center, as set
forth respectively in subdivisions (e) and (f) of Section 11402, to
be eligible to receive AFDC-FC funds.

(b) Notwithstanding any other law, the State Department of
Social Services may license a county as a foster family agency or
as a short-term residential treatment center.

(c) If a county exercises its option to operate a foster family
agency or a short-term residential treatment center, the county
shall submit an application and shall comply with the requirements
of Chapter 3 (commencing with Section 1500) of Division 2 of
the Health and Safety Code related to foster family agency
programs or a short-term residential treatment center, as applicable.

(d) A county that requests, and is granted, a license for a foster
family agency or short-term residential treatment center shall apply
for an AFDC-FC rate pursuant to Section 11462 or 11463, as
applicable.

(e) As a condition for eligibility for an AFDC-FC rate for a
short-term residential treatment center or a foster family agency,
the county shall comply with all applicable law concerning a
short-term residential treatment center or foster family agency,
including, but not limited to, the following provisions related to
licensing, rate, audit, due process, enforcement, and overpayment
collection:

(1) Chapter 3 (commencing with Section 1500) of Division 2
of the Health and Safety Code.

(2) Article 10 (commencing with Section 360) of Chapter 2 of
Part 1 of Division 2 of this code.

(3) Article 18 (commencing with Section 725) of Chapter 2 of
Part 1 of Division 2 of this code.

(4) Article 22 (commencing with Section 825) of Chapter 2 of
Part 1 of Division 2 of this code.

(5) Article 5 (commencing with Section 11400) of Chapter 2
of Part 3 of Division 9 of this code.

(6) Article 6 (commencing with Section 11450) of Chapter 2
of Part 3 of Division 9 of this code.

(f) The state is not obligated under Section 36 of Article XIII
of the California Constitution to provide any annual funding to a
county to comply with this section; with any regulation, executive
order, or administrative order implementing this section; or with
any federal statute or regulation related to this section, because
the county’s operation of a licensed short-term residential treatment
center or foster family agency is optional for the county and is not
required by this section.

(g) Counties licensed to operate a foster family agency or
short-term residential treatment center shall, as a condition to
receiving payment, ensure that its conflict of interest mitigation
plan, submitted to the department pursuant to subdivision (b) of
Section 1506.1 and subdivision (c) of Section 1562.01 of the Health
and Safety Code, addresses, but is not limited to, the following:

(1) A decision to place children and youth in a county-operated
facility when alternative appropriate placement options exist.

(2) The reporting by county staff to the department or other
agencies of observed noncompliant conditions or health and safety
concerns in county-operated foster family agencies or short-term
residential treatment centers.

(3) The cross-reporting of reports received from mandatory
child abuse and neglect reporters involving county-operated foster
family agencies and short-term residential treatment center
programs.

(4) Disclosures of fatalities and near fatalities of children placed
in county-operated foster family agencies and short-term residential
treatment centers.

(h) This section shall become operative on January 1, 2017.

begin delete SEC. 66. end delete
begin insert SEC. 69. end insert   

Section 11462.021 is added to the Welfare and
Institutions Code, to read:

11462.021.  

(a) Notwithstanding paragraph (2) of subdivision
(a) of Section 11462, a foster care provider licensed as a group
home also may have a rate established if the group home is
operated by the County of San Mateo, as provided by subdivision
(h) of Section 11400.

(b) This section shall only apply to a group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04.

(c) This section shall become operative on January 1, 2017.

(d) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

begin insert

begin insert SEC. 70. end insert   

end insert

begin insert Section 11462.022 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 11462.022. end insert   

(a) Upon meeting the licensure requirements
pursuant to Section 1530.8 of the Health and Safety Code, a county
child welfare agency operating a temporary shelter care facility,
as defined in Section 1530.8 of the Health and Safety Code, shall
comply with this section.

(b) Prior to detaining the child in the temporary shelter care
facility, the child welfare agency shall make reasonable efforts,
consistent with current law, to place the child with a relative, tribal
member, nonrelative extended family member, or in a licensed,
certified, approved or tribally approved foster family home or
approved resource family. When the child welfare agency has
reason to believe that the child is or may be an Indian child, the
agency shall make active efforts to comply with the federal Indian
Child Welfare Act placement preferences, as required by
subdivision (k) of Section 361.31.

(c) A child may be detained or placed in a temporary shelter
care facility only for the duration necessary to enable the county
placing agency to perform the required assessments and to
appropriately place the child.

(d) Upon admission, the temporary shelter care facility shall
provide each child with health, mental health, and developmental
screenings, as applicable. Commencing when a child is admitted
into a temporary shelter care facility, and continuing until the
child’s discharge from the facility, the county welfare agency shall
continuously strive to identify and place the child in an appropriate
licensed or approved home or facility.

(e) The temporary shelter care facility shall ensure that the
following services, at a minimum, are identified in the facility’s
plan of operation and are available to children detained at the
facility:

(1) Medical, developmental, behavioral, and mental health
assessments based on the information obtained through the
screenings required pursuant to subdivision (d).

(2) Based on the screening, assessments, and other information
obtained about the child, identification of the appropriate
placement resources that meet the child’s needs.

(3) Trauma-informed services and interventions.

(4) Crisis intervention services.

(5) Care and supervision provided by trauma-informed trained
and qualified staff.

(6) Referrals to and coordination with service providers who
can meet the medical, developmental, behavioral, or mental health
needs of the child identified upon admission.

(7) Educational services to ensure the child’s educational
progress, including efforts to maintain the child in his or her school
of origin if practical.

(8) Visitation services, including the ability to provide
court-ordered, supervised visitation.

(9) Structured indoor and outdoor activities, including
recreational and social programs.

(10) Transportation and other forms of support to ensure, to
the extent possible, the child’s ability to attend and participate in
important milestone events.

(11) Mentorship and peer support-type programs.

(f) (1) In no case shall the detention or placement in a
temporary shelter care facility exceed 10 calendar days. For any
stay that exceeds 10 calendar days, the child welfare agency shall
submit a written report to the department, within 24 hours of an
overstay, that shall include a description of the reasons and
circumstances for the child’s overstay, and shall be signed by the
county child welfare agency director or his or her designee. The
department may choose not to issue a citation to the county for a
violation of the 10-day placement limit when, based on the
information contained in the report, the overstay is reasonable
and the county is complying with subdivision (d).

(2) The child welfare agency may permit any child or youth to
access assessment and other services described in subdivision (d)
or (e) while in an out-of-home placement.

(3) To ensure the protection of children placed in temporary
shelter care facilities, the child welfare agency shall separate
children placed in temporary shelter care facilities pursuant to
subdivision (b) from children returning to the shelter due to a
failed placement, when possible, when circumstances warrant that
separation. Temporary shelters shall staff as necessary to
adequately supervise children to ensure an appropriate
environment for all children present.

(g) At the request of the county, the department shall provide
technical assistance necessary for the implementation of this
section.

(h) The department, in consultation with the counties, shall
provide a report to the Legislature no later than January 1, 2021,
that shall include the number of children and youth served by
temporary shelter care facilities, characteristics of children
detained in these facilities, and whether there is a continued need
for the licensing and operation of temporary shelter care facilities.

end insert

begin delete SEC. 67. end delete
begin insert SEC. 71. end insert   

Section 11462.04 of the Welfare and Institutions
Code is amended to read:

11462.04.  

(a) Notwithstanding any other law, no new group
home rate or change to an existing rate shall be established pursuant
to Section 11462. An application shall not be accepted or processed
for any of the following:

(1) A new program.

(2) A new provider.

(3) A program change, such as a rate classification level (RCL)
increase.

(4) A program capacity increase.

(5) A program reinstatement.

(b) Notwithstanding subdivision (a), the department may grant
exceptions as appropriate on a case-by-case basis, based upon a
written request and supporting documentation provided by county
placing agencies, including county welfare or probation directors.

(c) (1) For the 2012-13, 2013-14, and 2014-15 fiscal years,
notwithstanding subdivision (b), for any program below RCL 10,
the only exception that may be sought and granted pursuant to this
section is for an application requesting a program change, such as
an RCL increase. The authority to grant other exceptions does not
apply to programs below RCL 10 during these fiscal years.

(2) Notwithstanding paragraph (1), commencing January 1,
2017, no exception shall be granted for any program below RCL
10.

(d) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 68. end delete
begin insert SEC. 72. end insert   

Section 11462.04 is added to the Welfare and
Institutions Code, to read:

11462.04.  

(a) Notwithstanding any other law, commencing
January 1, 2017, no new group home rate or change to an existing
rate shall be established pursuant to the Rate Classification Level
(RCL) system.

(b) Notwithstanding subdivision (a), the department may grant
an exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county
placing agency, including a county welfare or probation director,
that absent the granting of that exception, there is a material risk
to the welfare of children due to an inadequate supply of
appropriate alternative placement options to meet the needs of
children.

(c) For group homes being paid under the RCL system, and
those granted an exception pursuant to paragraph (b), group home
rates shall terminate on December 31, 2016, unless granted an
extension under the exception process in subdivision (d).

(d) A group home may request an exception to extend its rate
as follows:

(1) The department may grant an extension for up to one year,
through December 31, 2017, begin insert except as provided in paragraph (2), end insert
on a case-by-case basis, when a written request and supporting
documentation are provided by a county placing agency, including
a county welfare or probation director, that absent the granting of
that exception, there is a material risk to the welfare of children
due to an inadequate supply of appropriate alternative placement
options to meet the needs of children. The exception may include
time to meet the program accreditation requirement or the mental
health certification requirement.

begin insert

(2) Pursuant to Section ______, the department may grant an
extension beyond December 31, 2017, to be reviewed every six
months, on an individual case-by-case basis, when a written
request and supporting documentation are provided by a county
chief probation officer, that, absent granting of that extension,
there is a significant risk to the safety of the youth or the public,
due to an inadequate supply of short term residential treatment
centers or resources families necessary to meet the needs of
probation youth.

end insert begin delete

(2)

end delete

begin insert (3) end insert  The exception shall allow the provider to continue to receive
the rate under the prior ratesetting system.

(e) Upon termination of an existing group home rate under the
RCL system, a new rate shall not be paid until an application is
approved and a rate is granted by the department pursuant to
Section 11462 as a short-term residential treatment center or
pursuant to Section 11463 as a foster family agency.

(f) The department shall, in the development of the new rate
structures, consider and provide for placement of all children who
are displaced as a result of reclassification of treatment facilities.

(g) This section shall become operative on January 1, 2017.

begin delete SEC. 69. end delete
begin insert SEC. 73. end insert   

Section 11463 of the Welfare and Institutions Code
is amended to read:

11463.  

(a) (1) The department, with the advice, assistance,
and cooperation of the counties and foster care providers, shall
develop, implement, and maintain a ratesetting system for foster
family agencies.

(2) No county shall be reimbursed for any percentage increases
in payments, made on behalf of AFDC-FC funded children who
are placed with foster family agencies, that exceed the percentage
cost-of-living increase provided in any fiscal year beginning on
January 1, 1990, as specified in subdivision (c) of Section 11461.

(b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care. A distinction, for ratesetting purposes, shall be drawn between
foster family agencies that provide treatment of children in foster
families and those that provide nontreatment services.

(c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions
about the setting of an agency’s rate.

(d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the
department’s regulations, for foster family agencies shall be
increased by 6 percent, rounded to the nearest dollar. The resultant
amounts shall constitute the new schedule of rates for foster family
agencies.

(e) (1) On and after July 1, 1999, the schedule of rates and the
components used in the rate calculations specified in the
department’s regulations for foster family agencies shall be
adjusted by an amount equal to the California Necessities Index
computed pursuant to Section 11453, rounded to the nearest dollar,
subject to the availability of funds. The resultant amounts shall
constitute the new schedule of rates for foster family agencies,
subject to further adjustment pursuant to paragraph (2).

(2) In addition to the adjustment specified in paragraph (1),
commencing January 1, 2000, the schedule of rates and the
components used in the rate calculations specified in the
department’s regulations for foster family agencies shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new schedule of rates for
foster family agencies.

(f) For the 1999-2000 fiscal year, foster family agency rates
that are not determined by the schedule of rates set forth in the
department’s regulations, shall be increased by the same percentage
as provided in subdivision (e).

(g) (1) For the 2000-01 fiscal year and each fiscal year
thereafter, the foster family agency rate shall be supplemented by
one hundred dollars ($100) for clothing per year per child in care,
subject to the availability of funds. The supplemental payment
shall be used to supplement, and shall not be used to supplant, any
clothing allowance paid in addition to the foster family agency
rate.

(2) Notwithstanding paragraph (1), commencing with the
2012-13 fiscal year, and each fiscal year thereafter, no
supplemental clothing allowance shall be provided, because the
rate issued in accordance with paragraph (1) of subdivision (m)
takes the cost of clothing into account.

(h) In addition to the adjustment made pursuant to subdivision
(e), the component for social work activities in the rate calculation
specified in the department’s regulations for foster family agencies
shall be increased by 10 percent, effective January 1, 2001. This
additional funding shall be used by foster family agencies solely
to supplement staffing, salaries, wages, and benefit levels of staff
performing social work activities. The schedule of rates shall be
recomputed using the adjusted amount for social work activities.
The resultant amounts shall constitute the new schedule of rates
for foster family agencies. The department may require a foster
family agency receiving this additional funding to certify that the
funding was utilized in accordance with the provisions of this
section.

(i) The increased rate provided by subparagraph (C) of paragraph
(1) of subdivision (d) of Section 11461 shall not be used to compute
the monthly amount that may be paid to licensed foster family
agencies for the placement of children in certified foster homes.

(j) The total foster family agency rate by age group in effect as
of January 1, 2008, paid to licensed foster family agencies for the
placement of children in certified foster family homes, shall be
reduced by 10 percent, effective October 1, 2009. The foster family
agency shall have flexibility in applying the reduction, however,
nothing shall be deducted from the child base rate, as defined in
departmental regulations. When the rate is restored to at least the
rate in effect on September 1, 2009, the director shall issue the
declaration described in Section 1506.3 of the Health and Safety
Code.

(k) Effective October 1, 2009, the total foster family agency
rate by age group, in effect for those agency rates that are not
determined by the schedule of rates set forth in the department’s
regulations, shall be reduced by the same percentage and in the
same manner as provided for in subdivision (j).

(l) (1) The department shall determine, consistent with the
requirements of this section and other relevant requirements under
law, the rate category for each foster family agency on a biennial
basis. Submission of the biennial rate application shall be according
to a schedule determined by the department.

(2) The department shall adopt regulations to implement this
subdivision. The adoption, amendment, repeal, or readoption of a
regulation authorized by this subdivision is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby
exempted from the requirement to describe specific facts showing
the need for immediate action.

(m) (1) On and after July 1, 2012, the basic rate payment that
shall be made to the certified parent pursuant to this section for
care and supervision of a child who is living in a certified home
of a foster family agency, as defined in Section 11400, shall equal
the basic rate for children based in a licensed or approved home,
as specified in paragraph (1) of subdivision (g) of Section 11461.

(2) The basic rate payment to the certified parent made pursuant
to paragraph (1) shall be adjusted annually on July 1, by the annual
percentage change in the California Necessities Index, in
accordance with paragraph (2) of subdivision (g) of Section 11461.
The adjustment in this paragraph shall be in lieu of any adjustment
pursuant to subdivision (e).

(n) Notwithstanding any other law, the changes to the basic rate
payment specified in subdivision (m) shall not change the
remaining components of the foster family agency rate. The new
foster family agency rate shall be increased only by the amounts
specified pursuant to subdivision (m). The resulting amounts shall
constitute the new schedule of rates for foster family agencies,
which shall be issued by all-county letters or similar instructions
from the department.

(o) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(p) (1) 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), the department may implement, interpret, or make specific
the changes to this section made by the act that added this section,
and amend and repeal regulations and orders subject to this section
and adopted by the department by means of all-county letters or
similar instructions from the department until regulations are
adopted. The department shall adopt emergency regulations no
later than July 1, 2014. The department may readopt any emergency
regulation authorized by this section that is the same as, or
substantially equivalent to, an emergency regulation previously
adopted under this section.

(2) The initial adoption of emergency regulations pursuant to
this section and one readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be exempt from review
by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time
final regulations may be adopted.

(q) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 70. end delete
begin insert SEC. 74. end insert   

Section 11463 is added to the Welfare and Institutions
Code, to read:

11463.  

(a) The department shall commence development of
a new payment structure for the Title IV-E funded foster family
agency placement option that maximizes federal begin delete funding. end delete begin insert funding,
in consultation with county placing agencies. end insert

(b) The department shall develop a payment system for foster
family agencies that provide nontreatment, treatment, intensive
treatment, and therapeutic foster care programs, and shall consider
all of the following factors:

(1) Administrative activities that are eligible for federal financial
participation provided, at county request, for and to county-licensed
or approved family homes and resource families, intensive case
management and supervision, and services to achieve legal
permanency or successful transition to adulthood.

(2) Social work activities that are eligible for federal financial
participation under Title IV-E of the Social Security Act.

(3) Social work and mental health services eligible for federal
financial participation under Title XIX of the Social Security Act.

(4) Intensive treatment or therapeutic services in the foster
family agency.

(5) Core begin delete services provided end delete begin insert services, either directly provided or
secured through formal agreements with other agencies, end insert that
encompass community services and supports, begin delete permanency-related
services, medical end delete begin insert physical, behavioral, end insert and mental health support
and access to services, begin insert including specialty mental health services, end insert
educational support, life and social support, transitional support
services begin delete upon discharge, biological parent and resource family
supports, and services for nonminor dependents. end delete begin insert for children,
youth, and families who assume permanency and for children,
youth, and families who step down into lower levels of foster care,
services for transition-aged youth, services for nonminor
dependents, and trauma-informed practices and supports for
children and youth, including treatment services. end insert

(6) Staff training.

(7) Health and Safety Code requirements.

(8) A process for accreditation that includes all of the following:

(A) Provision for all licensed foster family agencies to maintain
in good standing accreditation from a nationally recognized
accreditation agency with expertise in programs for youth group
care facilities, as determined by the department.

(B) Promulgation by the department of information identifying
the agency or agencies from which accreditation shall be required.

(C) Provision for timely reporting to the department of any
change in accreditation status.

(9) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.

(10) Populations served, including, but not limited to, any of
the following:

(A) Children and youth assessed as having an emotional
disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the
Code of Federal Regulations placed out-of-home pursuant to an
individualized education program developed under Chapter 26.5
(commencing with Section 7570) of Division 7 of Title 1 of the
Government Code.

(B) AFDC-FC children and youth receiving intensive and
therapeutic treatment services in a foster family agency.

(C) AFDC-FC children and youth receiving mental health
treatment services from a foster family agency.

(11) Maximization of federal financial participation for Title
IV-E and Title XIX of the Social Security Act.

(c) The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal,
and health and safety reviews.

(d) The department shall consider the impact on children and
youth being transitioned to alternate programs as a result of the
new ratesetting system.

(e)  This section shall become operative on January 1, 2017.

begin delete SEC. 71. end delete
begin insert SEC. 75. end insert   

Section 11463.01 is added to the Welfare and
Institutions Code, immediately after Section 11463, to read:

11463.01.  

(a) (1) The department, with the advice, assistance,
and cooperation of the counties and foster care providers, shall
develop, implement, and maintain a ratesetting system for foster
family agencies.

(2) No county shall be reimbursed for any percentage increases
in payments, made on behalf of AFDC-FC funded children who
are placed with foster family agencies, that exceed the percentage
cost-of-living increase provided in any fiscal year, as specified in
subdivision (c) of Section 11461.

(b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care. A distinction, for ratesetting purposes, shall be drawn between
foster family agencies that provide treatment of children in foster
families and those that provide nontreatment services.

(c) The department shall develop and maintain regulations
specifying the procedures for the appeal of department decisions
about the setting of an agency’s rate.

(d) No supplemental clothing allowance shall be provided,
because the rate issued in accordance with paragraph (1) of
subdivision (g) takes the cost of clothing into account.

(e) The schedule of rates for foster family agencies as set forth
in Section 11463, as that section read on January 1, 2015, shall
apply for purposes of, and may be modified pursuant to, this
section.

(f) (1) The department shall determine, consistent with the
requirements of this section and other relevant requirements under
law, the rate category for each foster family agency on a biennial
basis. Submission of the biennial rate application shall be according
to a schedule determined by the department.

(2) The department shall adopt regulations to implement this
subdivision. The adoption, amendment, repeal, or readoption of a
regulation authorized by this subdivision is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby
exempted from the requirement to describe specific facts showing
the need for immediate action.

(g) (1) The basic rate payment that shall be made to the certified
parent pursuant to this section for care and supervision of a child
who is living in a certified home of a foster family agency, as
defined in Section 11400, shall equal the basic rate for children
begin delete based end delete begin insert placed end insert in a licensed or approved home, as specified in
paragraph (1) of subdivision (g) of Section 11461.

(2) The basic rate payment to the certified parent made pursuant
to paragraph (1) shall be adjusted annually on July 1, by the annual
percentage change in the California Necessities Index, in
accordance with paragraph (2) of subdivision (g) of Section 11461.
The adjustment in this paragraph shall be in lieu of any adjustment
pursuant to subdivision (e) of Section 11463, as that section read
on January 1, 2015.

(h) Notwithstanding any other law, the changes to the basic rate
payment specified in subdivision (g) shall not change the remaining
components of the foster family agency rate. The new foster family
agency rate shall be increased only by the amounts specified
pursuant to subdivision (g). The resulting amounts shall constitute
the new schedule of rates for foster family agencies, which shall
be issued by all-county letters or similar instructions from the
department.

(i) For each fiscal year, funding and expenditures for programs
and activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(j) (1) 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), the department may implement, interpret, or make specific
the changes to this section made by the act that added this section,
and amend and repeal regulations and orders subject to this section
and adopted by the department by means of all-county letters or
similar instructions from the department until regulations are
adopted. The department shall adopt emergency regulations no
later than July 1, 2016. The department may readopt any emergency
regulation authorized by this section that is the same as, or
substantially equivalent to, an emergency regulation previously
adopted under this section.

(2) The initial adoption of emergency regulations pursuant to
this section and one readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be exempt from review
by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time
final regulations may be adopted.

(k) This section shall only apply to a foster family agency that
has been granted an extension pursuant to the exception process
described in subdivision (d) of Section 11463.1.

(l) This section shall become operative on January 1, 2017.

(m) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2018, deletes or extends that date.

begin delete SEC. 72. end delete
begin insert SEC. 76. end insert   

Section 11463.1 is added to the Welfare and
Institutions Code, to read:

11463.1.  

(a) Notwithstanding any other law, commencing
January 1, 2017, no new foster family agency shall be established
pursuant to the rate in effect through December 31, 2016.

(b) Notwithstanding subdivision (a), the department may grant
an exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county
placing agency, including a county welfare or probation director,
that absent the granting of that exception, there is a material risk
to the welfare of children due to an inadequate supply of
appropriate alternative placement options to meet the needs of
children or youth.

(c) Rates for foster family agencies paid under the prior rate
system, and those granted an exception pursuant to subdivision
(b), shall terminate on December 31, 2016, unless granted an
extension under the exception process in subdivision (d).

(d) A foster family agency may request an exception to extend
its rate as follows:

(1) The department may grant an extension for up to one year,
through December 31, 2017, on a case-by-case basis, when a
written request and supporting documentation are provided by a
county placing agency, including a county welfare or probation
director, that absent the granting of that exception, there is a
material risk to the welfare of children or youth due to an
inadequate supply of appropriate alternative placement options to
meet the needs of children. The exception may include time to
meet the accreditation requirement or the mental health certification
requirement.

(2) The exception shall allow the provider to continue to receive
the rate under the prior ratesetting system.

(e) Upon termination of an existing foster family agency rate
under the prior rate system, a new rate shall not be paid until an
application is approved and a rate is granted by the department
pursuant to Section 11463 as a foster family agency or Section
11462 as a short-term residential treatment center.

(f) The department shall, in the development of the new rate
structures, consider and provide for placement of all children who
are displaced as a result of reclassification of treatment facilities.

(g) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

begin delete SEC. 73. end delete
begin insert SEC. 77. end insert   

Section 11465 of the Welfare and Institutions Code
is amended to read:

11465.  

(a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
behalf of the parent shall include an amount for care and
supervision of the child.

(b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.

(c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section shall
be increased by 6 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.

(2) (A) On and after July 1, 1999, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section shall
be adjusted by an amount equal to the California Necessities Index
computed pursuant to Section 11453, rounded to the nearest dollar.
The resultant amounts shall constitute the new uniform rate, subject
to further adjustment pursuant to subparagraph (B).

(B) In addition to the adjustment specified in subparagraph (A),
on and after January 1, 2000, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.

(3) Subject to the availability of funds, for the 2000-01 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.

(4) On and after January 1, 2008, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section shall
be increased by 5 percent, rounded to the nearest dollar. The
resulting amount shall constitute the new uniform rate.

(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
payment made pursuant to this section for care and supervision of
a child who is living with a teen parent in a whole family foster
home, as defined in Section 11400, shall equal the basic rate for
children placed in a licensed or approved home as specified in
subdivisions (a) to (d), inclusive, and subdivision (g), of Section
11461.

(2) (A) The amount paid for care and supervision of a dependent
infant living with a dependent teen parent receiving AFDC-FC
benefits in a group home placement shall equal the infant
supplement rate for group home placements.

(B) Commencing January 1, 2017, the amount paid for care and
supervision of a dependent infant living with a dependent teenage
parent receiving AFDC-FC benefits in a short-term residential
treatment center shall equal the infant supplement rate for
short-term residential treatment centers established by the
department.

(3) (A) The caregiver shall provide the county child welfare
agency or probation department with a copy of the shared
responsibility plan developed pursuant to Section 16501.25 and
shall advise the county child welfare agency or probation
department of any subsequent changes to the plan. Once the plan
has been completed and provided to the appropriate agencies, the
payment made pursuant to this section shall be increased by an
additional two hundred dollars ($200) per month to reflect the
increased care and supervision while he or she is placed in the
whole family foster home.

(B) A nonminor dependent parent residing in a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, who develops a written parenting support plan
pursuant to Section 16501.26 shall provide the county child welfare
agency or probation department with a copy of the plan and shall
advise the county child welfare agency or probation department
of any subsequent changes to the plan. The payment made pursuant
to this section shall be increased by an additional two hundred
dollars ($200) per month after all of the following have been
satisfied:

(i) The plan has been completed and provided to the appropriate
county agency.

(ii) The plan has been approved by the appropriate county
agency.

(iii) The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.

(4) In a year in which the payment provided pursuant to this
section is adjusted for the cost of living as provided in paragraph
(1) of subdivision (c), the payments provided for in this subdivision
shall also be increased by the same procedures.

(5) A Kin-GAP relative who, immediately prior to entering the
Kin-GAP program, was designated as a whole family foster home
shall receive the same payment amounts for the care and
supervision of a child who is living with a teen parent they received
in foster care as a whole family foster home.

(6) On and after January 1, 2012, the rate paid for a child living
with a teen parent in a whole family foster home as defined in
Section 11400 shall also be paid for a child living with a nonminor
dependent parent who is eligible to receive AFDC-FC or Kin-GAP
pursuant to Section 11403.

begin delete SEC. 74. end delete
begin insert SEC. 78. end insert   

Section 11466 is added to the Welfare and Institutions
Code, to read:

11466.  

For the purposes of this section to Section 114691.1,
inclusive, “provider” shall mean a group home, short-term
residential treatment center, a foster family agency that provides
treatment services, and similar foster care business entities.

begin delete SEC. 75. end delete
begin insert SEC. 79. end insert   

Section 11466.21 of the Welfare and Institutions
Code is amended to read:

11466.21.  

(a) In accordance with subdivision (b), as a
condition to receive an AFDC-FC rate for a program including,
but not limited to, a group home, a foster family agency that
provides treatment services, or a short-term residential treatment
center, the following shall apply:

(1) Any provider who expends in combined federal funds an
amount at or above the federal funding threshold in accordance
with the federal Single Audit Act, as amended, and Section 200.501
of Title 2 of the Code of Federal Regulations shall arrange to have
a financial audit conducted on an annual basis, and shall submit
the annual financial audit to the department in accordance with
regulations adopted by the department.

(2) Any provider who expends in combined federal funds an
amount below the federal funding threshold in accordance with
the federal Single Audit Act, as amended, and Section 200.501 of
Title 2 of the Code of Federal Regulations shall submit to the
department a financial audit on its most recent fiscal period at least
once every three years. The department shall provide timely notice
to the providers of the date that submission of the financial audit
is required. That date of submission of the financial audit shall be
established in accordance with regulations adopted by the
department.

(3) The scope of the financial audit shall include all of the
programs and activities operated by the provider and shall not be
limited to those funded in whole or in part by the AFDC-FC
program. The financial audits shall include, but not be limited to,
an evaluation of the accounting and control systems of the provider.

(4) The provider shall have its financial audit conducted by
certified public accountants or by state-licensed public accountants
who have no direct or indirect relationship with the functions or
activities being audited, or with the provider, its board of directors,
officers, or staff.

(5) The provider shall have its financial audits conducted in
accordance with Government Auditing Standards issued by the
Comptroller General of the United States and in compliance with
generally accepted accounting principles applicable to private
entities organized and operated on a nonprofit basis.

(6) (A) Each provider shall have the flexibility to define the
calendar months included in its fiscal year.

(B) A provider may change the definition of its fiscal year.
However, the financial audit conducted following the change shall
cover all of the months since the last audit, even though this may
cover a period that exceeds 12 months.

(b) (1) In accordance with subdivision (a), as a condition to
receive an AFDC-FC rate that becomes effective on or after July
1, 2000, a provider shall submit a copy of its most recent financial
audit report, except as provided in paragraph (3).

(2) The department shall terminate the rate of a provider who
fails to submit a copy of its most recent financial audit pursuant
to subdivision (a). A terminated rate shall only be reinstated upon
the provider’s submission of an acceptable financial audit.

(3) Effective July 1, 2000, a new provider that has been
incorporated for fewer than 12 calendar months shall not be
required to submit a copy of a financial audit to receive an
AFDC-FC rate for a new program. The financial audit shall be
conducted on the provider’s next full fiscal year of operation. The
provider shall submit the financial audit to the department in
accordance with subdivision (a).

(c) The department shall implement this section through the
adoption of emergency regulations.

begin delete SEC. 76. end delete
begin insert SEC. 80. end insert   

Section 11466.22 of the Welfare and Institutions
Code is amended to read:

11466.22.  

(a) It is the intent of the Legislature to ensure overall
program integrity in the AFDC-FC program through the
establishment of an effective and efficient process for the collection
of provider sustained overpayments. Furthermore, the intent of the
Legislature is to ensure that children placed in AFDC-FC programs,
including, but not limited to, group homes, short-term residential
treatment centers, and foster family agencies that provide treatment
services, receive the level of care and supervision commensurate
with the program’s paid rate.

(b) For the purposes of this section, a provider is a licensee of
an AFDC-FC program listed in Section 11402, including, but not
limited to, a group home, short-term residential treatment center,
foster family agency that provides treatment services, or a similar
business entity, receiving foster care maintenance payments under
the AFDC-FC program. The department may collect a sustained
overpayment from the party responsible for the sustained
overpayment, regardless of whether the party remains in the
business of providing any AFDC-FC programs, and regardless of
whether the provider remains licensed by the department.

(c) For the purposes of this section, a provider overpayment is
an overpayment that results in an audit period when a provider
receives a rate reimbursement to which it is not entitled. If a
provider receives a rate reimbursement to which it is not entitled,
it shall be liable to repay the overpayment.

(d) (1) Overpayments shall be determined by either a provider
audit or a provider self-reporting an overpayment.

(2) If an informal hearing is not requested, or on the 60th day
after an informal decision if a provider or the department does not
file a notice of intent to file a formal appeal, or on the 30th day
following a formal appeal hearing decision, whichever is latest, a
group home provider overpayment shall be sustained for collection
purposes and the department shall issue a demand letter for
repayment of the sustained overpayment.

(3) The department shall establish a voluntary repayment
agreement procedure with a maximum repayment period of nine
years. The procedure shall take into account the amount of the
overpayment, projected annual income of the program that caused
the overpayment, a minimum repayment amount, including
principal and interest, of 3 percent of annual income prorated on
a monthly basis, simple interest for the first seven years of the
voluntary repayment agreement on the overpayment amount based
on the Surplus Money Investment Fund, and simple interest for
the eighth and ninth years of the voluntary repayment agreement
based on the prime rate at that time plus 3 percent. The department
may adopt regulations permitting the director, at his or her
discretion, to renegotiate the volunteer repayment agreement if
the director determines that the agreement would cause severe
harm to children in placement.

(4) The department shall establish an involuntary overpayment
collection procedure, that shall take into account the amount of
the overpayment, projected annual income, a minimum required
repayment amount, including principal and interest, of 5 percent
of the annual income prorated on a monthly basis, simple interest
on the overpayment amount based on the Surplus Money
Investment Fund, and a maximum repayment period of seven
years. The department may establish regulations permitting the
director at his or her discretion to renegotiate the involuntary
payment agreement if the director determines that the agreement
would cause severe harm to children in placement.

(e) The department shall develop regulations for recovery of
any provider sustained overpayments. The regulations shall
prioritize collection methods, which shall include voluntary
repayment agreement procedures, involuntary overpayment
collection procedures, including the use of a statutory lien, rate
request denials, rate decreases, and rate terminations.

(f) Whenever the department determines that a provider
sustained overpayment has occurred, the department shall recover
from the provider the full amount of the sustained overpayment,
and simple interest on the sustained overpayment amount, pursuant
to methods described in subdivision (e), against the provider’s
income or assets.

(g) If a provider is successful in its appeal of a collected
overpayment, it shall be repaid the collected overpayment plus
simple interest based on the Surplus Money Investment Fund.

begin delete SEC. 77. end delete
begin insert SEC. 81. end insert   

Section 11466.25 of the Welfare and Institutions
Code is amended to read:

11466.25.  

Interest begins to accrue on a provider overpayment
on the date of the issuance of the final audit report.

begin delete SEC. 78. end delete
begin insert SEC. 82. end insert   

Section 11466.3 of the Welfare and Institutions Code
is amended to read:

11466.3.  

(a) The department shall offer a voluntary repayment
agreement procedure to providers that owe a sustained
overpayment. A provider may enter into a voluntary repayment
agreement with the department to repay a sustained overpayment.
The voluntary repayment agreement shall, at a minimum, meet
the requirements developed pursuant to paragraph (3) of
subdivision (d) of Section 11466.2.

(b) The department shall charge simple interest on the voluntary
repayment agreement in accordance with paragraph (3) of
subdivision (d) of Section 11466.2.

begin delete SEC. 79. end delete
begin insert SEC. 83. end insert   

Section 11466.31 of the Welfare and Institutions
Code is amended to read:

11466.31.  

(a) When it has been determined that a provider
participating in the AFDC-FC program owes an overpayment that
is due and payable, the department may implement involuntary
offset collection procedures to collect sustained overpayments
from a provider if the provider does not enter into a voluntary
repayment agreement with the department or the provider has three
outstanding payments on a voluntary repayment agreement before
the overpayment is repaid.

(b) The minimum monthly overpayment offset amount from
monthly rate reimbursements shall be determined using the
involuntary collection procedures developed pursuant to paragraph
(4) of subdivision (d) of Section 11466.2. Overpayments shall be
offset against current monthly rate reimbursement payments due
and payable to a provider under this chapter.

begin delete SEC. 80. end delete
begin insert SEC. 84. end insert   

Section 11466.32 of the Welfare and Institutions
Code is amended to read:

11466.32.  

(a) If a provider that owes a sustained overpayment
pursuant to paragraph (2) of subdivision (d) of Section 11466.2
does not enter into a voluntary repayment agreement with the
department, or the provider has three outstanding payments on a
voluntary repayment agreement before the overpayment is repaid,
in addition to the monthly overpayment offset amount, 50 percent
of any increases resulting from California Necessities Index (CNI)
adjustments and provider’s rate adjustments to the standard rate
that are due to a provider shall be withheld until the sustained
overpayment amount is collected. Once the overpayment amount
is collected, the provider shall begin to prospectively receive the
full amount of any California Necessities Index and rate adjustment
to which it is entitled.

(b) Any provider subject to involuntary repayment of a sustained
overpayment pursuant to Section 11466.31 shall be ineligible to
receive any rate increase until the repayment is completed or until
the host county or the primary placement county provide the
department with a request for waiver of this paragraph.

begin delete SEC. 81. end delete
begin insert SEC. 85. end insert   

Section 11466.33 of the Welfare and Institutions
Code is amended to read:

11466.33.  

(a) If any amount is due and payable to the
department as a result of sustained overpayment to a provider for
care and services in the AFDC-FC program, the department may
file, in the office of any county clerk of any county in which the
provider has real or personal property, a certificate if any of the
following conditions are met:

(1) No informal hearing is requested and if a provider has not
submitted a voluntary repayment agreement with the first payment,
and 60 days have elapsed from the notice of audit results.

(2) No formal appeal is requested and if a provider has not
submitted a voluntary repayment agreement along with the first
payment, and 60 days have elapsed from the notice of the informal
hearing decision.

(3) A provider has not submitted a voluntary repayment
agreement along with the first payment, and 30 days have elapsed
after an adverse appeal decision by a hearing officer that sustains
an overpayment.

(b) The certificate provided for pursuant to subdivision (a) shall
contain:

(1) The amount due, owing, and unpaid, plus simple interest on
the amount owing and unpaid beginning on the date the certificate
is filed.

(2) A statement that the department has complied with this
section prior to the filing of the certificate.

(3) A request that a lien be recorded against the provider in the
amount set forth in the certificate.

(c) The county clerk immediately upon the filing of the
certificate shall record the lien for the State of California against
the provider in the amount set forth in the certificate. The lien may
be filed in the chain of title of the property.

(d) The department shall pay the cost of the first lien, and
providers shall be responsible for any subsequent liens on a
sustained overpayment.

(e) For the first certificate filed by the department pursuant to
this section, the county shall waive all filing fees.

begin delete SEC. 82. end delete
begin insert SEC. 86. end insert   

Section 11466.34 of the Welfare and Institutions
Code is amended to read:

11466.34.  

(a) (1) At any time within 10 years of the recording
of a lien pursuant to Section 11466.33, the department may bring
an action, in a superior court in the county in which the lien is
filed, seeking a judgment to establish the lien as a judgment lien.

(2) If a judgment is obtained pursuant to paragraph (1), the
county recorder shall record the lien as a judgment lien.

(b) An abstract of a judgment obtained pursuant to subdivision
(a) or a copy thereof may be recorded with the county recorder of
any county. From the time of recording, the judgment shall
constitute a lien upon all real or personal property of the provider
in that county owned by the provider at the time, or that the
provider may afterwards, but before the lien expires, acquire. The
judgment lien shall continue for 10 years from the time of recording
of the abstract of judgment obtained pursuant to subdivision (a),
unless sooner released or otherwise discharged.

(c) The judgment lien may, within 10 years from the date of
recording of the abstract of judgment or within 10 years from the
date of the last extension of the lien in the manner provided in this
section, be extended by recording a new abstract in the office of
the county recorder of any county. From the date of that recording,
the lien shall be extended for 10 years, unless sooner released or
otherwise discharged.

(d) The department may release any lien imposed pursuant to
this chapter, at the provider’s cost, in which case any judgment
pertaining to that lien is for all purposes null and void, if all of the
following conditions are met:

(1) No temporary suspension order or license revocation actions
by the department’s community care licensing division is pending
against a provider.

(2) A provider has made at least three timely payments on a
voluntary repayment agreement.

(3) The provider submits to the department corroborative
evidence that it is unable to obtain a loan from an institutional
lender unless the lien is released.

(e) Execution shall issue upon a judgment obtained pursuant to
this section upon request of the department in the same manner as
execution may issue upon other judgments. Sale shall be held under
that execution as prescribed in the Code of Civil Procedure. In all
proceedings under this section, the director or his or her authorized
agents may act on behalf of the state.

begin delete SEC. 83. end delete
begin insert SEC. 87. end insert   

Section 11466.35 of the Welfare and Institutions
Code is amended to read:

11466.35.  

(a) Any licensee who has been determined to owe
a sustained overpayment under this chapter, and who, subsequent
to notice of the sustained overpayment, has its rate terminated,
shall be ineligible to apply or receive a rate for any future program
until the overpayment is repaid.

(b) A rate application shall be denied for a provider that meets
either of the following conditions:

(1) A provider owing a sustained overpayment under this
chapter, upon the occurrence of any additional sustained
overpayment, shall be ineligible to apply or receive a rate for an
existing or future program until the sustained overpayments are
repaid, unless a voluntary repayment agreement is approved by
the department.

(2) A provider incurring a sustained overpayment that constitutes
more than 60 percent of the provider’s annual rate reimbursement
shall be ineligible to apply or receive a rate for any existing or
future programs until the sustained overpayments are repaid, unless
a voluntary repayment agreement is approved by the department.

begin delete SEC. 84. end delete
begin insert SEC. 88. end insert   

Section 11466.36 of the Welfare and Institutions
Code is amended to read:

11466.36.  

(a) The department may terminate a program rate
if any of the following conditions are met:

(1) The department determines that, based upon the findings of
a hearing officer, a rate application or information submitted by a
provider was fraudulently submitted to the department.

(2) A provider with an outstanding sustained overpayment incurs
a second sustained overpayment, and is unable to repay the
sustained overpayments.

(3) A provider has a sustained overpayment that represents 100
percent of a provider’s annual rate reimbursement.

(b) This chapter shall not be construed to affect the department’s
authority under other provisions of law for collection of provider
sustained overpayments.

begin delete SEC. 85. end delete
begin insert SEC. 89. end insert   

Section 11466.5 of the Welfare and Institutions Code
is amended to read:

11466.5.  

The department shall collect cost data and monitor
the cost of providing care and supervision, and social work
services, to AFDC-FC recipients. These data shall include, but not
be limited to, the costs incurred for employee wages and benefits.

begin delete SEC. 86. end delete
begin insert SEC. 90. end insert   

Section 11466.6 of the Welfare and Institutions Code
is amended to read:

11466.6.  

A provider who disagrees with the rate determined
by the department or adjusted by a program audit may request in
writing an appeal by the director or the director’s designee. The
department shall adopt regulations establishing procedures for the
departmental appeal process.

begin delete SEC. 87. end delete
begin insert SEC. 91. end insert   

Section 11468 of the Welfare and Institutions Code
is amended to read:

11468.  

The department shall establish administrative
procedures to review the rate set by the department for AFDC-FC
programs, including, but not limited to, group homes, short-term
residential treatment centers, and foster family agencies that
provide treatment services.

begin delete SEC. 88. end delete
begin insert SEC. 92. end insert   

Section 16000 of the Welfare and Institutions Code
is amended to read:

16000.  

(a) It is the intent of the Legislature to preserve and
strengthen a child’s family ties whenever possible, removing the
child from the custody of his or her parents only when necessary
for his or her welfare or for the safety and protection of the public.
If a child is removed from the physical custody of his or her
parents, preferential consideration shall be given whenever possible
to the placement of the child with the relative as required by
Section 7950 of the Family Code. If the child is removed from his
or her own family, it is the purpose of this chapter to secure as
nearly as possible for the child the custody, care, and discipline
equivalent to that which should have been given to the child by
his or her parents. It is further the intent of the Legislature to
reaffirm its commitment to children who are in out-of-home
placement to live in the least restrictive, most familylike setting
and to live as close to the child’s family as possible pursuant to
subdivision (c) of Section 16501.1. Family reunification services
shall be provided for expeditious reunification of the child with
his or her family, as required by law. If reunification is not possible
or likely, a permanent alternative shall be developed.

(b) It is further the intent of the Legislature that all children live
with a committed, permanent, and nurturing family. Services and
supports should be tailored to meet the needs of the individual
child and family being served, with the ultimate goal of maintaining
the family, or when this is not possible, transitioning the child or
youth to a permanent family or preparing the youth for a successful
transition into adulthood. When needed, short-term residential
treatment center program services are a short-term, specialized,
and intensive intervention that is just one part of a continuum of
care available for children, youth, young adults, and their families.

(c) It is further the intent of the Legislature to ensure that all
pupils in foster care and those who are homeless as defined by the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11301 et seq.) have the opportunity to meet the challenging
state pupil academic achievement standards to which all pupils
are held. In fulfilling their responsibilities to pupils in foster care,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils. In all instances, educational and
school placement decisions shall be based on the best interests of
the child.

begin delete SEC. 89. end delete
begin insert SEC. 93. end insert   

Section 16003 of the Welfare and Institutions Code
is amended to read:

16003.  

(a) In order to promote the successful implementation
of the statutory preference for foster care placement with a relative
begin delete caretaker end delete begin insert caregiver end insert as set forth in Section 7950 of the Family Code,
each community college district with a foster care education
program shall make available orientation and training to the relative
or nonrelative extended family member caregiver into whose care
the county has placed a foster child pursuant to Section 1529.2 of
the Health and Safety Code, including, but not limited to, courses
that cover the following:

(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child
in foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or
harassment on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical disability, or HIV
status.

(2) An overview of the child protective system.

(3) The effects of child abuse and neglect on child development.

(4) Positive discipline and the importance of self-esteem.

(5) Health issues in foster care.

(6) Accessing education and health services that are available
to foster children.

(7) Relationship and safety issues regarding contact with one
or both of the birth parents.

(8) Permanency options for relative or nonrelative extended
family member caregivers, including legal guardianship, the
Kinship Guardianship Assistance Payment Program, and kin
adoption.

(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.

(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment and violence free school environment contained in
Article 3.6 (commencing with Section 32228) of Chapter 2 of Part
19 of Division 1 of Title 1 of the Education Code.

(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:

(1) Age-appropriate child development.

(2) Health issues in foster care.

(3) Positive discipline and the importance of self-esteem.

(4) Emancipation and independent living.

(5) Accessing education and health services available to foster
children.

(6) Relationship and safety issues regarding contact with one
or both of the birth parents.

(7) Permanency options for relative or nonrelative extended
family member caregivers, including legal guardianship, the
Kinship Guardianship Assistance Payment Program, and kin
adoption.

(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment and violence free school environment contained in
Article 3.6 (commencing with Section 32228) of Chapter 2 of Part
19 of Division 1 of Title 1 of the Education Code.

(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education
program, in providing the orientation program, shall develop
appropriate program parameters in collaboration with the counties.

(d) Each community college district with a foster care education
program shall make every attempt to make the training and
orientation programs for relative or nonrelative extended family
member caregivers highly accessible in the communities in which
they reside.

(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver
of the availability of training and orientation programs and it is
the intent of the Legislature that the county shall forward the names
and addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.

(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.

(g) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 90. end delete
begin insert SEC. 94. end insert   

Section 16501 of the Welfare and Institutions Code
is amended to read:

16501.  

(a) (1) As used in this chapter, “child welfare services”
means public social services that are directed toward the
accomplishment of any or all of the following purposes: protecting
and promoting the welfare of all children, including disabled,
homeless, dependent, or neglected children; preventing or
remedying, or assisting in the solution of problems which may
result in, the neglect, abuse, exploitation, or delinquency of
children; preventing the unnecessary separation of children from
their families by identifying family problems, assisting families
in resolving their problems, and preventing breakup of the family
where the prevention of child removal is desirable and possible;
restoring to their families children who have been removed, by
the provision of services to the child and the families; identifying
children to be placed in suitable adoptive homes, in cases where
restoration to the biological family is not possible or appropriate;
and ensuring adequate care of children away from their homes, in
cases where the child cannot be returned home or cannot be placed
for adoption.

(2) “Child welfare services” also means services provided on
behalf of children alleged to be the victims of child abuse, neglect,
or exploitation. The child welfare services provided on behalf of
each child represent a continuum of services, including emergency
response services, family preservation services, family maintenance
services, family reunification services, and permanent placement
services, including supportive transition services. The individual
child’s case plan is the guiding principle in the provision of these
services. The case plan shall be developed within a maximum of
60 days of the initial removal of the child or of the in-person
response required under subdivision (f) if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever comes first.

(3) “Child welfare services” are best provided in a framework
that integrates service planning and delivery among multiple
service systems, including the mental health system, using a
team-based approach, such as a child and family team. A child
and family team brings together individuals that engage with the
child or youth and family in assessing, planning, and delivering
services. Use of a team approach increases efficiency, and thus
reduces cost, by increasing coordination of formal services and
integrating the natural and informal supports available to the child
or youth and family.

(4) “Child and family team” means a supportive team that
informs the process of placement and services to children and
youth in foster care or who are at risk of foster care placement.
The child and family team is comprised of the child or youth, the
child’s family, the caregiver, the placing agency caseworker, a
county mental health representative, and a representative of the
child’s or youth’s tribe or Indian custodian, as applicable. As
appropriate, the child and family team also may include, but is not
limited to, begin insert the child’s attorney, end insert behavioral health representatives
and other formal supports, such as educational professionals and
representatives from other agencies providing services to the child
or youth and family. For purposes of this definition, the child and
family team also may include extended family and informal support
persons, such as friends, coaches, faith-based connections, and
tribes as identified by the child or youth and family. If placement
into a short-term residential treatment center or a foster family
agency that provides treatment services has occurred or is being
considered, the mental health representative is required to be a
licensed mental health professional.

(5) Child welfare services may include, but are not limited to,
a range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day
services, teaching and demonstrating homemakers, parenting
training, substance abuse testing, and transportation. These
service-funded activities shall be available to children and their
families in all phases of the child welfare program in accordance
with the child’s case plan and departmental regulations. Funding
for services is limited to the amount appropriated in the annual
Budget Act and other available county funds.

(6) Service-funded activities to be provided may be determined
by each county, based upon individual child and family needs as
reflected in the service plan.

(7) As used in this chapter, “emergency shelter care” means
emergency shelter provided to children who have been removed
pursuant to Section 300 from their parent or parents or their
guardian or guardians. The department may establish, by
regulation, the time periods for which emergency shelter care shall
be funded. For the purposes of this paragraph, “emergency shelter
care” may include “transitional shelter care facilities” as defined
in paragraph (11) of subdivision (a) of Section 1502 of the Health
and Safety Code.

(b) As used in this chapter, “respite care” means temporary care
for periods not to exceed 72 begin delete hours. end delete begin insert hours, and, in order to preserve
the placement, may be extended up to 14 days in any one month
pending the development of policies and regulations in consultation
with county placing agencies and stakeholders. end insert This care may be
provided to the child’s parents or guardians. This care shall not be
limited by regulation to care over 24 hours. These services shall
not be provided for the purpose of routine, ongoing child care.

(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities
as defined in paragraph (1) of subdivision (a). Counties shall not
contract for needs assessment, client eligibility determination, or
any other activity as specified by regulations of the State
Department of Social Services, except as specifically authorized
in Section 16100.

(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.

(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.

(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of
Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a
child immediately and all other reports within 10 calendar days.
An in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.

(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to
prevent or remedy neglect, abuse, or exploitation, for the purposes
of preventing separation of children from their families.

(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care,
while services are provided to reunite the family.

(i) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for
whom there has been a judicial determination of a permanent plan
for adoption, legal guardianship, or long-term foster care, and, as
needed, shall include supportive transition services to nonminor
dependents, as described in subdivision (v) of Section 11400.

(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.

(k) (1) (A) In any county electing to implement this
subdivision, all county welfare department employees who have
frequent and routine contact with children shall, by February 1,
1997, and all welfare department employees who are expected to
have frequent and routine contact with children and who are hired
on or after January 1, 1996, and all such employees whose duties
change after January 1, 1996, to include frequent and routine
contact with children, shall, if the employees provide services to
children who are alleged victims of abuse, neglect, or exploitation,
sign a declaration under penalty of perjury regarding any prior
criminal conviction, and shall provide a set of fingerprints to the
county welfare director.

(B) The county welfare director shall secure from the
Department of Justice a criminal record to determine whether the
employee has ever been convicted of a crime other than a minor
traffic violation. The Department of Justice shall deliver the
criminal record to the county welfare director.

(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of
good character so as to justify frequent and routine contact with
children.

(D) No exemption shall be granted pursuant to subparagraph
(C) if the person has been convicted of a sex offense against a
minor, or has been convicted of an offense specified in Section
220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in
paragraph (1) of Section 273a of, or subdivision (a) or (b) of
Section 368 of, the Penal Code, or has been convicted of an offense
specified in subdivision (c) of Section 667.5 of the Penal Code.
The county welfare director shall suspend such a person from any
duties involving frequent and routine contact with children.

(E) Notwithstanding subparagraph (D), the county welfare
director may grant an exemption if the employee or prospective
employee, who was convicted of a crime against an individual
specified in paragraph (1) or (7) of subdivision (c) of Section 667.5
of the Penal Code, has been rehabilitated as provided in Section
4852.03 of the Penal Code and has maintained the conduct required
in Section 4852.05 of the Penal Code for at least 10 years and has
the recommendation of the district attorney representing the
employee’s or prospective employee’s county of residence, or if
the employee or prospective employee has received a certificate
of rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the
county welfare director may give the employee or prospective
employee an opportunity to explain the conviction and shall
consider that explanation in the evaluation of the criminal
conviction record.

(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person’s personnel file.

(2) For purposes of this subdivision, a conviction means a plea
or verdict of guilty or a conviction following a plea of nolo
contendere. Any action that the county welfare director is permitted
to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation
is made suspending the imposition of sentence, notwithstanding
a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
Penal Code permitting the person to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the verdict
of guilty, or dismissing the accusation, information, or indictment.
For purposes of this subdivision, the record of a conviction, or a
copy thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive
evidence of the conviction.

begin delete SEC. 91. end delete
begin insert SEC. 95. end insert   

Section 16501.1 of the Welfare and Institutions Code
is amended to read:

16501.1.  

(a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is
the case plan.

(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child
and parents or other caretakers, as appropriate, in order to improve
conditions in the parent’s home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and
to address the needs of the child while in foster care.

(3) The case plan shall be developed in collaboration with the
child and family team as defined in paragraph (4) of subdivision
(a) of Section 16501. The agency shall consider the
recommendations of the child and family team. The agency shall
document the rationale for any inconsistencies between the case
plan and the child and family team recommendations.

(b) (1) A case plan shall be based upon the principles of this
section and the input from the child and family team.

(2) The case plan shall document that a preplacement assessment
of the service needs of the child and family, and preplacement
preventive services, have been provided, and that reasonable efforts
to prevent out-of-home placement have been made.

(3) In determining the reasonable services to be offered or
provided, the child’s health and safety shall be the paramount
concerns.

(4) Upon a determination pursuant to paragraph (1) of
subdivision (e) of Section 361.5 that reasonable services will be
offered to a parent who is incarcerated in a county jail or state
prison, detained by the United States Department of Homeland
Security, or deported to his or her country of origin, the case plan
shall include information, to the extent possible, about a parent’s
incarceration in a county jail or the state prison, detention by the
United States Department of Homeland Security, or deportation
during the time that a minor child of that parent is involved in
dependency care.

(5) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.

(6) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete
all steps necessary to finalize the permanent placement of the child.

(c) If out-of-home placement is used to attain case plan goals,
the case plan shall consider the recommendations of the child and
family team.

(d) (1) The case plan shall include a description of the type of
home or institution in which the child is to be placed, and the
reasons for that placement decision. The decision regarding choice
of placement shall be based upon selection of a safe setting that is
the least restrictive or most familylike and the most appropriate
setting that is available and in close proximity to the parent’s home,
proximity to the child’s school, and consistent with the selection
of the environment best suited to meet the child’s special needs
and best interests. The selection shall consider, in order of priority,
placement with relatives, nonrelated extended family members,
and tribal members; foster begin delete and resource family homes end delete begin insert family
homes, resource families, end insert and nontreatment certified homes of
foster family agencies; followed by treatment and intensive
treatment certified homes of foster family agencies; or
multidimensional treatment foster care homes or therapeutic foster
care homes; group care placements in the order of short-term
residential treatment centers, group homes, community treatment
facilities, and out-of-state residential treatment pursuant to Part 5
(commencing with Section 7900) of Division 12 of the Family
Code.

(2) If a treatment placement is selected for a child, the case plan
shall indicate the needs of the child that necessitate this placement,
the plan for transitioning the child to a less restrictive environment,
and the projected timeline by which the child will be transitioned
to a less restrictive environment. This section of the case plan shall
be reviewed and updated at least semiannually.

(A) The case plan for placements in a group home, or
commencing January 1, 2017, in a short-term residential treatment
center, shall indicate that the county has taken into consideration
Section 16010.8.

(B) After January 1, begin delete 2016, if a treatment foster care placement,
such as a treatment foster family agency, intensive treatment foster
care, therapeutic foster care, or short-term residential treatment
center, is being considered for the child or youth, end delete begin insert 2017, end insert a child
and family team meeting as begin delete described in Sections 831 and end delete begin insert defined
in Section end insert 16501 shall be convened begin delete for the purpose of determining
the appropriateness of the placement and whether there are any
appropriate, less restrictive, and more family-like alternatives. end delete begin insert by
the county placing agency for the purpose of identifying the
supports and services needed to achieve permanency and enable
the child or youth to be placed in the least restrictive, most
family-like setting. end insert

(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving
AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
in addition to the above requirements, the selection of the
placement, including a supervised independent living placement,
as described in subdivision (w) of Section 11400, shall also be
based upon the developmental needs of young adults by providing
opportunities to have incremental responsibilities that prepare a
nonminor dependent to transition to independent living. If
admission to, or continuation in, a group home placement is being
considered for a nonminor dependent, the group home placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation
with stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent’s transition to independent living. The case
plan shall specify the treatment strategies that will be used to
prepare the nonminor dependent for discharge to a less restrictive
and more familylike setting, including a target date for discharge
from the group home placement. The placement shall be reviewed
and updated on a regular, periodic basis to ensure that continuation
in the group home remains in the best interests of the nonminor
dependent and that progress is being made in achieving case plan
goals leading to independent living. The group home placement
planning process shall begin as soon as it becomes clear to the
county welfare department or probation office that a foster child
in group home placement is likely to remain in group home
placement on his or her 18th birthday, in order to expedite the
transition to a less restrictive and more familylike setting if he or
she becomes a nonminor dependent. The case planning process
shall include informing the youth of all of his or her options,
including, but not limited to, admission to or continuation in a
group home placement. Consideration for continuation of existing
group home placement for a nonminor dependent under 19 years
of age may include the need to stay in the same placement in order
to complete high school. After a nonminor dependent either
completes high school or attains his or her 19th birthday, whichever
is earlier, continuation in or admission to a group home is
prohibited unless the nonminor dependent satisfies the conditions
of paragraph (5) of subdivision (b) of Section 11403, and group
home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the
group home placement to the nonminor dependent to alleviate or
ameliorate the medical condition, as described in paragraph (5) of
subdivision (b) of Section 11403, shall not constitute the sole basis
to disqualify a nonminor dependent from the group home
placement.

(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home
that will meet the child’s special needs and best interests shall also
promote educational stability by taking into consideration
proximity to the child’s school of origin, and school attendance
area, the number of school transfers the child has previously
experienced, and the child’s school matriculation schedule, in
addition to other indicators of educational stability that the
Legislature hereby encourages the State Department of Social
Services and the State Department of Education to develop.

(e) A written case plan shall be completed within a maximum
of 60 days of the initial removal of the child or of the in-person
response required under subdivision (f) of Section 16501 if the
child has not been removed from his or her home, or by the date
of the dispositional hearing pursuant to Section 358, whichever
occurs first. The case plan shall be updated, as the service needs
of the child and family dictate. At a minimum, the case plan shall
be updated in conjunction with each status review hearing
conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
the hearing conducted pursuant to Section 366.26, but no less
frequently than once every six months. Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.

(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child’s family, as well as the input of relatives and other
interested parties.

(2) The extension of the maximum time available for preparing
a written case plan from the 30 to 60 days shall be effective 90
days after the date that the department gives counties written notice
that necessary changes have been made to the Child Welfare
Services Case Management System to account for the 60-day
timeframe for preparing a written case plan.

(f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings
requirements pursuant to Article 6 (commencing with Section 300)
of Chapter 2 of Part 1 of Division 2.

(g) The case plan shall be developed in collaboration with the
child and family team, as follows:

(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
The child shall be involved in developing the case plan as age and
developmentally appropriate.

(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.

(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.

(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or
other caretakers. The frequency of these contacts shall be in
accordance with regulations adopted by the State Department of
Social Services. If the child has been placed in foster care out of
state, the county social worker or probation officer, or a social
worker or probation officer on the staff of the agency in the state
in which the child has been placed, shall visit the child in a foster
family home or the home of a relative, consistent with federal law
and in accordance with the department’s approved state plan. For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5. At least
once every six months, at the time of a regularly scheduled
placement agency contact with the foster child, the child’s social
worker or probation officer shall inform the child of his or her
rights as a foster child, as specified in Section 16001.9. The social
worker or probation officer shall provide the information to the
child in a manner appropriate to the age or developmental level of
the child.

(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.

(B) Information regarding any court-ordered visitation between
the child and the natural parents or legal guardians, and the terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child’s out-of-home
caregiver as soon as possible after the court order is made.

(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of Section
16002. If appropriate, when siblings who are dependents of the
juvenile court are not placed together, the social worker for each
child, if different, shall communicate with each of the other social
workers and ensure that the child’s siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a particular
case to keep siblings informed of significant life events that occur
within the extended family, the social worker shall determine the
appropriate means and setting for disclosure of this information
to the child commensurate with the child’s age and emotional
well-being. These significant life events shall include, but shall
not be limited to, the following:

(A) The death of an immediate relative.

(B) The birth of a sibling.

(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.

(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child’s parent or out of
state, the case plan shall specify the reasons why that placement
is in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in
addition, specify compliance with Section 7911.1 of the Family
Code.

(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:

(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of placement.

(B) An assurance that the placement agency has coordinated
with the person holding the right to make educational decisions
for the child and appropriate local educational agencies to ensure
that the child remains in the school in which the child is enrolled
at the time of placement or, if remaining in that school is not in
the best interests of the child, assurances by the placement agency
and the local educational agency to provide immediate and
appropriate enrollment in a new school and to provide all of the
child’s educational records to the new school.

(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption,
the case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and
any of the child’s siblings. This recommendation shall include a
statement regarding the child’s and the siblings’ willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child’s siblings.

(B) Information regarding the schedule and frequency of the
visits between the child and siblings, as well as any court-ordered
terms and conditions needed to facilitate the visits while protecting
the safety of the child, shall be provided to the child’s out-of-home
caregiver as soon as possible after the court order is made.

(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.

(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason
or reasons why termination of parental rights is not in the child’s
best interest. A determination completed or updated within the
past 12 months by the department when it is acting as an adoption
agency or by a licensed adoption agency that it is unlikely that the
child will be adopted, or that one of the conditions described in
paragraph (1) of subdivision (c) of Section 366.26 applies, shall
be deemed a compelling reason.

(12) (A) Parents and legal guardians shall have an opportunity
to review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan. Commencing January 1, 2012, for nonminor dependents, as
defined in subdivision (v) of Section 11400, who are receiving
AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
to Section 11403, the transitional independent living case plan, as
set forth in subdivision (y) of Section 11400, shall be developed
with, and signed by, the nonminor.

(B) Parents and legal guardians shall be advised that, pursuant
to Section 1228.1 of the Evidence Code, neither their signature on
the child welfare services case plan nor their acceptance of any
services prescribed in the child welfare services case plan shall
constitute an admission of guilt or be used as evidence against the
parent or legal guardian in a court of law. However, they shall also
be advised that the parent’s or guardian’s failure to cooperate,
except for good cause, in the provision of services specified in the
child welfare services case plan may be used in any hearing held
pursuant to Section 366.21, 366.22, or 366.25 as evidence.

(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of
age or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.

(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.

(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child’s wishes regarding their permanent
placement plan and an assessment of those stated wishes. The
agency shall also include documentation of the steps the agency
is taking to find an adoptive family or other permanent living
arrangements for the child; to place the child with an adoptive
family, an appropriate and willing relative, a legal guardian, or in
another planned permanent living arrangement; and to finalize the
adoption or legal guardianship. At a minimum, the documentation
shall include child-specific recruitment efforts, such as the use of
state, regional, and national adoption exchanges, including
electronic exchange systems, when the child has been freed for
adoption. If the plan is for kinship guardianship, the case plan shall
document how the child meets the kinship guardianship eligibility
requirements.

(16) (A) When appropriate, for a child who is 16 years of age
or older and, commencing January 1, 2012, for a nonminor
dependent, the case plan shall include the transitional independent
living plan (TILP), a written description of the programs and
services that will help the child, consistent with the child’s best
interests, to prepare for the transition from foster care to
independent living, and, in addition, whether the youth has an
in-progress application pending for Title XVI Supplemental
Security Income benefits or for Special Immigrant Juvenile Status
or other applicable application for legal residency and an active
dependency case is required for that application. When appropriate,
for a nonminor dependent, the transitional independent living case
plan, as described in subdivision (v) of Section 11400, shall include
the TILP, a written description of the programs and services that
will help the nonminor dependent, consistent with his or her best
interests, to prepare for transition from foster care and assist the
youth in meeting the eligibility criteria set forth in paragraphs (1)
to (5), inclusive, of subdivision (b) Section 11403. If applicable,
the case plan shall describe the individualized supervision provided
in the supervised independent living placement as defined in
subdivision (w) of Section 11400. The case plan shall be developed
with the child or nonminor dependent and individuals identified
as important to the child or nonminor dependent, and shall include
steps the agency is taking to ensure that the child or nonminor
dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults.

(B) During the 90-day period prior to the participant attaining
18 years of age or older as the state may elect under Section
475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
675(8)(B)(iii)), whether during that period foster care maintenance
payments are being made on the child’s behalf or the child is
receiving benefits or services under Section 477 of the federal
Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
appropriate agency staff or probation officer and other
representatives of the participant, as appropriate, shall provide the
youth or nonminor with assistance and support in developing the
written 90-day transition plan, that is personalized at the direction
of the child, information as detailed as the participant elects that
shall include, but not be limited to, options regarding housing,
health insurance, education, local opportunities for mentors and
continuing support services, and workforce supports and
employment services, a power of attorney for health care, and
information regarding the advance health care directive form.

(C) For youth 16 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at
no charge to the youth and that any results were provided to the
youth. For nonminor dependents, the case plan shall include
documentation that the county assisted the nonminor dependent
in obtaining his or her reports. The case plan shall include
documentation of barriers, if any, to obtaining the credit reports.
If the consumer credit report reveals any accounts, the case plan
shall detail how the county ensured the youth received assistance
with interpreting the credit report and resolving any inaccuracies,
including any referrals made for the assistance.

(h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been
consented to, the court shall order that the child or the child’s
siblings, the child’s current caregiver, and the child’s prospective
adoptive parents, if applicable, be provided with information
necessary to accomplish this visitation. This section does not
require or prohibit the social worker’s facilitation, transportation,
or supervision of visits between the child and his or her siblings.

(i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management
System is implemented on a statewide basis.

(j) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child’s
siblings, who are important to the child and actions necessary to
maintain the child’s relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker or probation officer shall ask every child who is 10
years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the
child’s siblings who are important to the child, and may ask any
other child to provide that information, begin insert or may seek that
information from the child and family team, end insert as appropriate. The
social worker or probation officer shall make efforts to identify
other individuals who are important to the child, consistent with
the child’s best interests.

(k) The child’s caregiver shall be provided a copy of a plan
outlining the child’s needs and services. The nonminor dependent’s
caregiver shall be provided with a copy of the nonminor’s TILP.

(l) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association of California and
other advocates, shall develop a comprehensive plan to ensure that
90 percent of foster children are visited by their caseworkers on a
monthly basis by October 1, 2011, and that the majority of the
visits occur in the residence of the child. The plan shall include
any data reporting requirements necessary to comply with the
provisions of the federal Child and Family Services Improvement
Act of 2006 (Public Law 109-288).

(m) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase,
as provided in Section 366.35.

begin delete SEC. 92. end delete
begin insert SEC. 96. end insert   

Section 16519.5 of the Welfare and Institutions Code
is amended to read:

16519.5.  

(a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall
implement a unified, family friendly, and child-centered resource
family approval process to replace the existing multiple processes
for licensing foster family homes, approving relatives and
nonrelative extended family members as foster care providers, and
approving adoptive families.

(b) (1) Counties shall be selected to participate on a voluntary
basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to
criteria developed by the department in consultation with the
County Welfare Directors Association. In selecting the five early
implementation counties, the department shall promote diversity
among the participating counties in terms of size and geographic
location.

(2) Additional counties may participate in the early
implementation of the program upon authorization by the
department.

(c) (1) For the purposes of this chapter, “resource family” means
an individual or couple that a participating county or foster family
agency determines to have successfully met both the home approval
standards and the permanency assessment criteria adopted pursuant
to subdivision (d) necessary for providing care for a related or
unrelated child who is under the jurisdiction of the juvenile court,
or otherwise in the care of a county child welfare agency or
probation department. A resource family shall demonstrate all of
the following:

(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including
the need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place,
or both.

(B) An understanding of children’s needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.

(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other
service providers in implementing the child’s case plan.

(D) The financial ability within the household to ensure the
stability and financial security of the family.

(E) An ability and willingness to maintain the least restrictive
and most familylike environment that serves the needs of the child.

(2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to
undergo any additional approval or licensure as long as the family
lives in a county participating in the program.

(3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has
successfully completed a permanency assessment. This approval
is in lieu of the existing foster care license, relative or nonrelative
extended family member approval, and the adoption home study
approval.

(4) Approval of a resource family does not guarantee an initial
or continued placement of a child with a resource family.

(d) Prior to implementation of this program, the department
shall adopt standards pertaining to home approval and permanency
assessment of a resource family.

(1) Resource family home approval standards shall include, but
not be limited to, all of the following:

(A) (i) Criminal records clearance of all adults residing begin delete in end delete begin insert in,
or regularly present in, end insert the home, begin insert and not exempted from
fingerprinting, as set forth in subdivision (b) of Section 1522 of
the Health and Safety Code, end insert pursuant to Section 8712 of the Family
Code, utilizing a check of the Child Abuse Central Index (CACI),
begin delete a check of the Child Welfare Services/Case Management System
(CWS/CMS), end delete and receipt of a fingerprint-based state and federal
criminal offender record information search response. The criminal
history information shall include subsequent state and federal arrest
and disposition notifications pursuant to Section 11105.2 of the
Penal Code.

(ii) Consideration of any substantiated allegations of child abuse
or neglect against either the applicant or any other adult residing
in the home. An approval may not be granted to applicants whose
criminal record indicates a conviction for any of the offenses
specified in subdivision (g) of Section 1522 of the Health and
Safety Code.

(iii)  begin delete Exemptions end delete begin insert If the resource family parent, applicant, or any
other person specified in subdivision (b) of Section 1522 of the
Health and Safety Code has been convicted of a crime other than
a minor traffic violation, except for the civil penalty language, the
criminal background check provisions specified in subdivisions
(d) through (f) of Section 1522 of the Health and Safety Code shall
apply. Exemptions end insert from the criminal records clearance
requirements set forth in this section may be granted by the director
or the early implementation county, if that county has been granted
permission by the director to issue criminal records exemptions
pursuant to Section 361.4, using the exemption criteria currently
used for foster care licensing as specified in subdivision (g) of
Section 1522 of the Health and Safety Code.

(B) Buildings and grounds and storage requirements set forth
in Sections 89387 and 89387.2 of Title 22 of the California Code
of Regulations.

(C) In addition to the foregoing requirements, the resource
family home approval standards shall also require the following:

(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.

(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances
that are documented in the foster child’s case file exist to permit
a resource family to care for more children, including, but not
limited to, the need to place siblings together.

(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive begin delete and most familylike end delete environment
that serves the needs of the child.

(D) The results of a caregiver risk assessment are consistent
with the factors listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (c). A caregiver risk assessment shall
include, but not be limited to, physical and mental health, alcohol
and other substance use and abuse, and family and domestic
violence.

(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:

(A) The applicant shall complete caregiver training.

(B) The applicant shall complete a psychosocial begin delete evaluation. end delete
begin insert assessment. end insert

(C) The applicant shall complete any other activities that relate
to a resource family’s ability to achieve permanency with the child.

(e) (1) A child may be placed with a resource family that has
received home approval prior to completion of a permanency
assessment only if a compelling reason for the placement exists
based on the needs of the child.

(2) The permanency assessment shall be completed within 90
days of the child’s placement in the approved home, unless good
cause exists based upon the needs of the child.

(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating
circumstances for the delay and generate a timeframe for the
completion of the permanency assessment.

(4) The county shall report to the department on a quarterly
basis the number of families with a child in an approved home
whose permanency assessment goes beyond 90 days and
summarize the reasons for these delays.

(5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:

(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.

(B) Consideration of the results of the Child Abuse Central
Index (CACI) consistent with Section 1522.1 of the Health and
Safety Code of the relative or nonrelative extended family member,
and of every other adult in the home.

(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.

(D) For any placement made pursuant to this paragraph, the
county shall initiate the home approval process no later than five
business days after the placement, which shall include a
face-to-face interview with the resource family applicant and child.

(E) For any placement made pursuant to this paragraph,
AFDC-FC funding shall not be available until the home has been
approved.

(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.

(f) The State Department of Social Services shall be responsible
for all of the following:

(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County
Welfare Directors Association.

(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.

(3) Entering into terms and conditions for participation in the
program by counties.

(4) Administering the early implementation of the program
through the issuance of written directives that shall have the same
force and effect as regulations. Any directive affecting Article 1
(commencing with Section 700) of Chapter 7 of Title 11 of the
California Code of Regulations shall be approved by the
Department of Justice. The directives shall be exempt from 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.

(5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.

(6) Adopting and requiring the use of standardized
documentation for the home approval and permanency assessment
of resource families.

(7) Requiring counties to monitor resource families including,
but not limited to, all of the following:

(A) Investigating complaints of resource families.

(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.

(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:

(A) Reviewing the county’s implementation of the program.

(B) Reviewing an adequate number of approved resource
families in each participating county to ensure that approval
standards are being properly applied. The review shall include
case file documentation, and may include onsite inspection of
individual resource families. The review shall occur on an annual
basis, and more frequently if the department becomes aware that
a participating county is experiencing a disproportionate number
of complaints against individual resource family homes.

(C) Reviewing county reports of serious complaints and
incidents involving approved resource families, as determined
necessary by the department. The department may conduct an
independent review of the complaint or incident and change the
findings depending on the results of its investigation.

(D) Investigating unresolved complaints against participating
counties.

(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.

begin delete

(9) Preparing or having prepared, and submitting to the
Legislature, a report on the results of the initial phase of
implementation of the program. The report shall include all of the
following:

(A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency
including reunification, guardianship and adoption, child safety
factors, and placement stability.

(B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available
resource families.

(C) An analysis of cost, utilizing available data, including
funding sources.

(D) An analysis of regulatory or statutory barriers to
implementing the program on a statewide basis.

end delete begin insert

(9) Updating the Legislature on the early implementation phase
of the program, including the status of implementation, successes,
and challenges during the early implementation phase, and
relevant available data, including resource family satisfaction.

end insert begin insert

(10) Implementing due process procedures, including all of the
following:

end insert begin insert

(A) Providing a statewide fair hearing process for denials,
rescissions, or exclusion actions.

end insert begin insert

(B) Amending applicable state hearing procedures and
regulations.

end insert begin insert

(C) Use of the Administrative Procedure Act, as necessary for
the administration of the program.

end insert

(g) Counties participating in the program shall be responsible
for all of the following:

(1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the
implementation plan, training appropriate staff, and accepting
applications from resource families within the timeframes
established by the department.

(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).

(3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.

(4) (A) Ensuring staff have the education and experience
necessary to complete the home approval and permanency
assessment competently.

(B) A county may contract with a licensed adoption agency to
complete the permanency assessment. A permanency assessment
completed by a licensed adoption agency shall be reviewed and
approved by the county.

(5) Approving and denying resource family applications,
begin insert rescinding home approval, or related actions, end insert including all of the
following:

(A) Rescinding home approvals and resource family begin delete approvals
where end delete begin insert approvals, excluding a resource family parent or other
individual from presence in a resource family home, or from being
a member of the board of directors, an executive director, or an
officer of a licensee, or prohibiting a licensee from employing the
resource family parent or other individual, if end insert appropriate, consistent
with the established standard.

(B) Providing begin delete an applicant and disapproved resource family end delete begin insert a
resource family parent, applicant, or excluded individual end insert
requesting review of that decision with due process pursuant to
the department’s begin delete regulations. end delete begin insert statues, regulations, and written
directives. end insert

(C) Notifying the department of any decisions denying a
resource family’s application or rescinding the approval of a
resource begin delete family. end delete begin insert family, excluding an individual, or taking other
administrative action. end insert

begin insert

(D) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action
is needed to protect a child or nonminor dependent who is or may
be placed in the home from physical or mental abuse,
abandonment, or any other substantial threat to health or safety.

end insert

(6) Updating resource family approval annually.

(7) Monitoring resource families through all of the following:

(A) Ensuring that social workers who identify a condition in
the home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.

(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.

(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.

(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.

(A) The child’s social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision
(d). To the extent that adequate resources are available, complaints
shall be investigated by a worker who did not initially perform the
home approval or permanency assessment.

(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.

(C) The department shall be notified of any serious incidents
or serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.

(9) Performing corrective action as required by the department.

(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and
remedying problems identified.

(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f).

(12) Ensuring that resource families have the necessary
knowledge, skills, and abilities to support children in foster care
by completing caregiver training. The training should include a
curriculum that supports the role of a resource family in parenting
vulnerable children and should be ongoing in order to provide
resource families with information on trauma-informed practices
and begin delete changes end delete begin insert requirements and other topics end insert within the foster care
system.

(13) Ensuring that a resource family applicant completes a
minimum number of training hours which shall include a minimum
of 12 hours of preapproval training. The preapproval training shall
include, but not be limited to, all of the following training courses:

(A) An overview of the child protective begin delete system. end delete begin insert and probation
systems. end insert

(B) The effects of begin insert trauma, including grief and loss, and end insert child
abuse and begin delete neglect end delete begin insert neglect, end insert on child begin delete development. end delete begin insert development and
behavior, and methods to behaviorally support children impacted
by that trauma or child abuse and neglect. end insert

(C) Positive discipline and the importance of self-esteem.

(D) Health issues in foster care, begin delete including the administration of
psychotropic and other medications. end delete begin insert including, but not limited to,
the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic and
other medications, and trauma, behavioral health, and other
available behavioral health treatments, for children receiving child
welfare services, including how to access those treatments. end insert

(E) Accessing education and health services available to foster
children.

(F) The rights of a child in foster care, and the resource family’s
responsibility to safeguard those rights, including the right to have
fair and equal access to all available services, placement, care,
treatment, and benefits, and to not be subjected to discrimination
or harassment on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical disability, or HIV
status.

(G) Cultural needs of children, including instruction on cultural
competency and sensitivity relating to, and best practices for,
providing adequate care to lesbian, gay, bisexual, and transgender
youth in out-of-home care.

(H) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.

(I) Permanence and well-being needs of children.

(J) Child and adolescent development.

(K) The role of begin delete foster parents, end delete begin insert resource families, end insert including
working cooperatively with the child welfare begin insert or probation end insert agency,
the child’s family, and other service providers implementing the
case plan.

(L) The role of begin insert a end insert resource family on the child and family team
as defined in paragraph (4) of subdivision (a) of Section 16501.

(M) A resource family’s responsibility to act as a reasonable
and prudent parent; and to maintain the least restrictive, most
family-like environment that serves the needs of the child.

begin insert

(N) Preparation of children for a successful transition to
adulthood.

end insert begin insert

(O) Understanding the federal Indian Child Welfare Act, its
historical significance, the rights of children covered by the act,
and the best interests of those children, including the role of the
caregiver in supporting culturally appropriate, child-centered
practices that respect Native American history, culture, retention
of tribal membership, and connection to the tribal community and
traditions.

end insert

(14) Ensuring approved resource families complete a minimum
of eight training hours annually. The annual training shall include,
but not be limited to, all of the following training courses:

(A) Age-appropriate child development.

(B) Health issues in foster care, begin delete including the administration of
psychotropic and other medications. end delete begin insert including, but not limited to,
the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic and
other medications, and trauma, behavioral health, and other
available behavioral health treatments, for children receiving child
welfare services, including how to access those treatments. end insert

(C) Positive discipline and the importance of self-esteem.

begin delete

(D) Emancipation and independent living skills if a resource
family is caring for youth.

end delete begin insert

(D) Preparation of children for a successful transition to
adulthood.

end insert

(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

begin insert

(h) In addition to any training required by this section, a
resource family may be required to receive specialized training,
as relevant, for the purpose of preparing the resource family to
meet the needs of a particular child in care. This training may
include, but is not limited to, the following:

end insert begin insert

(1) Understanding how to use best practices for providing care
and supervision to commercially sexually exploited children.

end insert begin insert

(2) Understanding how to use best practices for providing care
and supervision to lesbian, gay, bisexual, and transgender children.

end insert begin insert

(3) Understanding the requirements and best practices
regarding psychotropic medications, including, but not limited to,
court authorization, benefits, uses, side effects, interactions,
assistance with self-administration, misuse, documentation,
storage, and metabolic monitoring of children using medications.

end insert begin insert

(4) Understanding the federal Indian Child Welfare Act, its
historical significance, the rights of children covered by the act,
and the best interests of those children, including the role of the
caregiver in supporting culturally appropriate, child-centered
practices that respect Native American history, culture, retention
of tribal membership and connection to the tribal community and
traditions.

end insert begin insert

(5) Understanding how to use best practices for providing care
and supervision to nonminor dependents.

end insert begin insert

(6) Understanding how to use best practices for providing care
and supervision to medically fragile children.

end insert begin delete

(h)

end delete

begin insert (i) end insert  Nothing in this section shall preclude a county or a foster
family agency from requiring resource family training in excess
of the requirements in this section.

begin delete

(i)

end delete

begin insert (j) end insert  (1) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive
homes that have completed the license or approval process prior
to full implementation of the program shall not be considered part
of the program. The otherwise applicable assessment and oversight
processes shall continue to be administered for families and
facilities not included in the program.

(2)  Upon implementation of the program in a county, that
county may not accept new applications for the licensure of foster
family homes, the approval of relative and nonrelative extended
family members, or the approval of prospective adoptive homes.

begin delete

(j)

end delete

begin insert (k) end insert  The department may waive regulations that pose a barrier
to implementation and operation of this program. The waiver of
any regulations by the department pursuant to this section shall
apply to only those counties or foster family agencies participating
in the program and only for the duration of the program.

begin delete

(k)

end delete

begin insert (l) end insert  Resource families approved under initial implementation of
the program, who move within an early implementation county or
who move to another early implementation county, shall retain
their resource family status if the new building and grounds,
outdoor activity areas, and storage areas meet home approval
standards. The State Department of Social Services or early
implementation county may allow a program-affiliated individual
to transfer his or her subsequent arrest notification if the individual
moves from one early implementation county to another early
implementation county, as specified in subdivision (h) of Section
1522 of the Health and Safety Code.

begin delete

(l)

end delete

begin insert (m) end insert  (1) The approval of a resource family who moves to a
nonparticipating county remains in full force and effect pending
a determination by the county approval agency or the department,
as appropriate, whether the new building and grounds and storage
areas meet applicable standards, and whether all adults residing
in the home have a criminal records clearance or exemptions
granted, using the exemption criteria used for foster care licensing,
as specified in subdivision (g) of Section 1522 of the Health and
Safety Code. Upon this determination, the nonparticipating county
shall either approve the family as a relative or nonrelative extended
family member, as applicable, or the department shall license the
family as a foster family home.

(2) Subject to the requirements in paragraph (1), the family shall
continue to be approved for guardianship and adoption. Nothing
in this subdivision shall limit a county or adoption agency from
determining that the family is not approved for guardianship or
adoption based on changes in the family’s circumstances or
permanency assessment.

(3) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent
arrest notification from a participating county to the
nonparticipating county.

begin delete

(m)

end delete

begin insert (n) end insert  Implementation of the program shall be contingent upon the
continued availability of federal Social Security Act Title IV-E
(42 U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.

begin delete

(n)

end delete

begin insert (o) end insert  A child placed with a resource family shall be eligible for
AFDC-FC payments. A resource family, or a foster family agency
pursuant to subdivisions begin delete (r) and (s), end delete begin insert (s) and (t), end insert shall be paid an
AFDC-FC rate pursuant to Sections 11460, 11461, and 11463.
Sharing ratios for nonfederal expenditures for all costs associated
with activities related to the approval of relatives and nonrelative
extended family members shall be in accordance with Section
10101.

begin delete

(o)

end delete

begin insert (p) end insert  The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing,
or responses, as specified in this section.

begin delete

(p) Approved

end delete

begin insert (q) end insert begin insert   end insert begin insert Except as provided, approved end insert resource families under this
program shall be exempt from all of the following:

(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and
Safety Code, and all regulations promulgated thereto.

(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and
all regulations promulgated thereto.

(3) Adoptions approval and reporting requirements set forth
under Section 8712 of the Family Code, and all regulations
promulgated thereto.

begin delete

(q)

end delete

begin insert (r) end insert  Early implementation counties shall be authorized to continue
through begin delete the end of the 2016-17 fiscal year, or through the end of
the third full fiscal year following the date that counties commence
implementation, whichever of these dates is later. The program is
authorized in all counties effective July 1, 2017. end delete begin insert December 31,
2016. end insert The program shall be implemented by each county on or
before begin delete July 1, 2019. end delete begin insert January 1, 2017. end insert

begin delete

(r) Notwithstanding any other law, on and after July 1, 2017, a
licensed foster family agency shall require a certified family home
applicant

end delete

begin insert (s) end insert begin insert   end insert begin insert On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family agency shall require its applicants and
resource families end insert to meet the resource family approval standards
and requirements set forth in this chapter and in the written
directives adopted begin delete pursuant to paragraph (4) of subdivision (f),
prior to approval. end delete begin insert pursuant to this chapter prior to approval and
in order to maintain approval. end insert

begin delete

(s) No later than July 1, 2017,

end delete

begin insert (t) end insert begin insert   end insert begin insert Commencing January 1, 2016, end insert the department may establish
participation conditions, and select and authorize begin delete a foster family
agency that voluntarily submits an implementation plan and revised
plan end delete begin insert foster family agencies that voluntarily submit implementation
plans and revised plans end insert of operation in accordance with
requirements established by the department, to approve resource
families in lieu of certifying foster homes.

begin delete

(1) Except for subdivision (g), a participating foster family
agency shall comply with the resource family approval standards
set forth in this chapter and in the written directives issued pursuant
to paragraph (4) of subdivision (f).

(2) Notwithstanding any other law, the department shall enforce
the resource family approval standards and requirements set forth
in this chapter and in the written directives issued pursuant to
paragraph (4) of subdivision (f) against a participating foster family
agency. In the event of any conflict with the Community Care
Facilities Act (Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code), this section shall be
controlling. This subdivision does not impose any new
responsibilities upon the counties as described in subdivision (g).

(3) Nothing in this subdivision shall limit the department’s
authority to take administrative action against a foster family
agency or a certified family home of a foster family agency. For
purposes of Article 5 of Chapter 3 of Division 2 of the Health and
Safety Code, a certified family home includes a resource family
approved by a foster family agency pursuant to this subdivision.

end delete begin insert

(1) Notwithstanding any other law, a participating foster family
agency shall require resource families to meet and maintain the
resource family approval standards and requirements set forth in
this chapter and in the written directives adopted hereto prior to
approval and in order to maintain approval.

end insert begin insert

(2) A participating foster family agency shall implement the
resource family approval program pursuant to Section 1517 of
the Health and Safety Code.

end insert begin insert

(3) Nothing in this section shall be construed to limit the
authority of the department to inspect, evaluate, or investigate a
complaint or incident, or initiate a disciplinary action against a
foster family agency pursuant to Article 5 (commencing with
Section 1550) of Chapter 3 of Division 2 of the Health and Safety
Code, or to take any action it may deem necessary for the health
and safety of children placed with the foster family agency.

end insert

(4) The department may adjust the foster family agency
AFDC-FC rate pursuant to Section 11463 for implementation of
this subdivision.

begin delete SEC. 93. end delete
begin insert SEC. 97. end insert   

Section 16519.52 is added to the Welfare and
Institutions Code, to read:

16519.52.  

(a) A resource family may install and use delayed
egress devices of the time delay type in the home of the resource
family.

(b) As used in this section, “delayed egress device” means a
device that precludes the use of exits for a predetermined period
of time. These devices shall not delay any resident’s departure
from the home for longer than 30 seconds.

(c) Within the 30 seconds of delay, a resource family may
attempt to redirect a resident who attempts to leave the home.

(d) Any person accepted by a resource family using delayed
egress devices in the home shall meet all of the following
conditions:

(1) The person shall have a developmental disability, as defined
in Section 4512.

(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500)).

(3) An interdisciplinary team, through the Individual Program
Plan (IPP) process pursuant to Section 4646.5, shall have
determined that the person lacks hazard awareness or impulse
control and requires the level of supervision afforded by a resource
family in a home equipped with delayed egress devices, and that,
but for this placement, the person would be at risk of admission
to, or would have no option but to remain in, a more restrictive
state hospital or state developmental center placement.

(e) The home shall be subject to all fire and building codes,
regulations, and standards applicable to residential care facilities
for the elderly utilizing delayed egress devices, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
delayed egress devices.

(f) The resource family shall provide training regarding the use
and operation of the egress control devices used by any person
caring for a resident, protection of residents’ personal rights, lack
of hazard awareness and impulse control behavior, and emergency
evacuation procedures.

(g) The resource family shall develop a plan of operation that
is authorized by the approving county and includes a description
of how the home is to be equipped with egress control devices that
are consistent with regulations adopted by the State Fire Marshal
pursuant to Section 13143 of the Health and Safety Code.

(h) The plan shall include, but shall not be limited to, all of the
following:

(1) A description of how the resource family will provide
training for persons caring for a resident regarding the use and
operation of the egress control devices used in the home.

(2) A description of how the resource family will ensure the
protection of the residents’ personal rights consistent with Sections
4502, 4503, and 4504.

(3) A description of how the resource family will manage the
person’s lack of hazard awareness and impulse control behavior.

(4) A description of the resource family’s emergency evacuation
procedures.

(i) Delayed egress devices shall not substitute for adequate
supervision. The capacity of the home shall not exceed six
residents.

(j) Emergency fire and earthquake drills shall be conducted at
least once every three months, and shall include all persons
providing resident care and supervision.

begin delete SEC. 94. end delete
begin insert SEC. 98. end insert   

Section 16519.53 is added to the Welfare and
Institutions Code, to read:

16519.53.  

(a) A resource family shall be authorized to
administer emergency medical assistance and injections for severe
diabetic hypoglycemia and anaphylactic shock to a foster child in
placement in accordance with subdivision (a) of Section 1507.25
of the Health and Safety Code.

(b) A resource family shall be authorized to administer
subcutaneous injections of other medications, including insulin,
as prescribed by a child’s physician, to a foster child in placement
in accordance with subdivision (b) of Section 1507.25 of the Health
and Safety Code.

begin delete SEC. 95. end delete
begin insert SEC. 99. end insert   

Section 16519.54 is added to the Welfare and
Institutions Code, to read:

16519.54.  

Notwithstanding any other law, a resource family
shall not be subject to civil penalties imposed pursuant to the
Community Care Facilities Care Act (Chapter 3 (commencing
with Section 1500) of Division 2 of the Health and Safety Code).

begin delete SEC. 96. end delete
begin insert SEC. 100. end insert   

Section 16519.55 is added to the Welfare and
Institutions Code, to read:

16519.55.  

(a) Subject to subdivision (b), to encourage the
recruitment of resource families, to protect their personal privacy,
and to preserve the security of confidentiality of the placements
with resource families, the names, addresses, and other identifying
information of resource families shall be considered personal
information for purposes of the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code). This information shall not be
disclosed by any state or local agency pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code), except as
necessary for administering the resource family approval program,
facilitating the placement of children with resource families, and
providing names and addresses only to bona fide professional
foster parent organizations upon request.

(b) The department, a county, or a foster family agency may
request information from, or divulge information to, the
department, a county, or a foster family agency, regarding a
prospective resource family for the purpose of and as necessary
to conduct a reference check to determine whether it is safe and
appropriate to approve an applicant to be a resource family.

begin insert

begin insert SEC. 101. end insert   

end insert

begin insert Section 16519.6 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16519.6. end insert   

(a) All hearings conducted pursuant to Section
16519.5 shall be conducted in accordance with the requirements
of this section.

(b) The procedures set forth in Chapter 7 (commencing with
Section 10950) of Part 2 apply to matters set before the State
Hearings Division, except as otherwise provided in this section.

(c) The procedures for conducting a hearing for a matter
governed by Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code, and the procedures set forth in
the Administrative Procedure Act apply, except as otherwise
provided in this section.

(d) Notwithstanding Section 10951, a resource family, applicant,
or excluded individual may file an appeal within 25 days of service
of a notice of action. Pursuant to Section 1013 of the Code of Civil
Procedure, if the notice of action is served by mail, the time to
respond shall be extended five days, not to exceed 30 days to file
the appeal.

(e) Notwithstanding Section 10951, a county’s action shall be
final, or for matters set before the division or office designated to
conduct state hearings, an action shall be subject to dismissal, if
the resource family, applicant, or excluded individual does not file
an appeal to the notice of action within the prescribed time.

(f) Except as provided in subdivisions (g) and (h), and
notwithstanding Section 10952, a hearing under this section shall
be held within 90 days following the receipt of a timely appeal or
notice of defense, unless a continuance of the hearing is granted
for good cause.

(g) If the county or department has issued an immediate
exclusion order, the timelines and provisions set forth in Section
1558 of the Health and Safety Code shall apply, unless a
continuance of the hearing is granted for good cause.

(h) If the county or department has issued a temporary
suspension order, the hearing shall be held within 30 days
following the receipt of a timely appeal or notice of defense. The
temporary suspension order shall remain in effect until the time
the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension
order shall be deemed vacated if the director fails to make a final
determination on the merits within 30 days after receipt of the
proposed decision by the county or department.

(i) Upon a finding of noncompliance, the department may
require a foster family agency to deny or rescind the approval of
a home, or take other action deemed necessary for the protection
of a child who is or who may be placed in the home. The resource
family, applicant, or excluded individual shall be afforded the due
process provided pursuant to this section.

(1) If the department requires a foster family agency to deny or
rescind the approval, the department shall serve an order of denial
or rescission notifying the resource family, applicant, and foster
family agency of the basis of the department’s action and of the
right to a hearing.

(2) The department’s order of the denial or rescission of the
approval shall remain in effect until the hearing is completed and
the director has made a final determination on the merits.

(3) A foster family agency’s failure to comply with the
department’s order to deny or rescind the approval by placing or
retaining a child in care shall be grounds for disciplining the foster
family agency pursuant to Section 1550 of the Health and Safety
Code.

(j) A resource family, applicant, or excluded individual who
files an appeal to a notice of action pursuant to this section shall,
as part of the appeal, provide his or her current mailing address.
The resource family, applicant, or excluded individual shall
subsequently notify the county, or department if applicable, in
writing of any change in mailing address, until the hearing process
has been completed or terminated.

(k) Service by mail of a notice or other writing on a resource
family, applicant, or excluded individual in a procedure provided
herein is effective if served to the last mailing address on file with
the county or department. Service of a notice of action may be by
personal service or by first class mail. If the last day for
performance of any action required herein falls on a holiday, then
such period shall be extended to the next day which is not a
holiday.

(l) In all proceedings conducted in accordance with this section
the burden of proof shall be by a preponderance of the evidence.

(m) The county or department may institute or continue an
administrative proceeding against a resource family, applicant,
or excluded individual upon any ground provided by this section,
enter an order denying or rescinding the approval, exclude an
associated individual, issue a temporary suspension order, or
otherwise take disciplinary action against a resource family,
applicant, or excluded individual, notwithstanding any resignation,
withdrawal, surrender of approval, or denial or rescission of the
approval by a foster family agency.

end insert

begin delete SEC. 97. end delete
begin insert SEC. 102. end insert   

Section 18251 of the Welfare and Institutions Code
is amended to read:

18251.  

As used in this chapter:

(a) “County” means each county participating in an
individualized or wraparound services program.

(b) “County placing agency” means a county welfare or
probation department, or a county mental health department.

(c) “Eligible child” means a child or nonminor dependent, as
described in subdivision (v) of Section 11400, who is any of the
following:

(1) A child or nonminor dependent who has been adjudicated
as either a dependent, transition dependent, or ward of the juvenile
court pursuant to Section 300, 450, 601, or 602 and who would be
placed in a group home licensed by the department at a rate
classification level of 10 or higher, or commencing January 1,
2017, would be placed in a short-term residential treatment center.

(2) A child or nonminor dependent who is currently, or who
would be, placed in a group home licensed by the department at
a rate classification level of 10 or higher, or commencing January
1, 2017, would be placed in a short-term residential treatment
center.

(3) A child who is eligible for adoption assistance program
benefits when the responsible public agency has approved the
provision of wraparound services in lieu of out-of-home placement
care at a rate classification level of 10 or higher, or commencing
January 1, 2017, would be placed in a short-term residential
treatment center.

(d) “Wraparound services” means community-based intervention
services that emphasize the strengths of the child and family and
includes the delivery of coordinated, highly individualized
unconditional services to address needs and achieve positive
outcomes in their lives.

(e) “Service allocation slot” means a specified amount of funds
available to the county to pay for an individualized intensive
wraparound services package for an eligible child. A service
allocation slot may be used for more than one child on a successive
basis.

begin delete SEC. 98. end delete
begin insert SEC. 103. end insert   

Section 18254 of the Welfare and Institutions Code
is amended to read:

18254.  

(a) Rates for wraparound services, under the
wraparound services program, shall be based on the following
factors:

(1) The average cost of rate classification 10 to 11 in each
county, minus the cost of any concurrent out-of-home placement,
for children who are or would be placed in a rate level 10 or 11
group home.

(2) The average cost of rate classification 12 to 14 in each
county, minus the cost of any concurrent out-of-home placement,
for children who are or would be placed in a rate level 12 to 14
group home.

(b) (1) Prior to the 2011-12 fiscal year, the department shall
reimburse each county, for the purpose of providing intensive
wraparound services, up to 100 percent of the state share of
nonfederal funds, to be matched by each county’s share of cost as
established by law, and to the extent permitted by federal law, up
to 100 percent of the federal funds allocated for group home
placements of eligible children, at the rate authorized pursuant to
subdivision (a).

(2) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(c) County, and to the extent permitted by federal law, federal,
foster care funds shall remain with the administrative authority of
the county, which may enter into an interagency agreement to
transfer those funds, and shall be used to provide intensive
wraparound services.

(d) Costs for the provision of benefits to eligible children, at
rates authorized by subdivision (a), through the wraparound
services program authorized by this chapter, shall not exceed the
costs which would otherwise have been incurred had the eligible
children been placed in a group home.

(e) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin delete SEC. 99. end delete
begin insert SEC. 104. end insert   

Section 18254 is added to the Welfare and
Institutions Code, to read:

18254.  

(a) Commencing January 1, 2017, the rate for
wraparound services, under the wraparound services program,
shall be eight thousand five hundred seventy-three dollars ($8,573),
based on the average cost of rate classification levels 10.5 and 13
in effect for the 2014-15 fiscal year.

(1) The rate was determined by using the existing rates
determined for the 2014-15 fiscal year for rate classification levels
10.5 and 13.

(A) Combining and calculating the average of the two.

(B) Minus the cost of any concurrent out-of-home placement
for children who are or would be placed in a rate classification
level 10 to 11 and 12 to 14 group home, respectively.

(b) For each fiscal year, funding and expenditures for programs
and activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(c) County and federal foster care funds, to the extent permitted
by federal law, shall remain with the administrative authority of
the county, which may enter into an interagency agreement to
transfer those funds, and shall be used to provide intensive
wraparound services.

(d) Costs for the provision of benefits to eligible children, at
rates authorized by subdivision (a), through the wraparound
services program authorized by this chapter, shall not exceed the
costs that otherwise would have been incurred had the eligible
children been placed in a short-term residential treatment center.

(e) Commencing January 1, 2018, and each January 1 thereafter,
an annual cost-of-living increase shall be applied to the wraparound
rate, subject to the availability of county funds, equal to the
California Necessities Index used in the preparation of the May
Revision for the current fiscal year.

begin delete SEC. 100. end delete
begin insert SEC. 105. end insert   

Notwithstanding the provisions of this act, on and
after January 1, 2017, facilities with licensed capacity begin delete greater than end delete
begin insert of end insert 184 that were in operation prior to January 1, 2015, that offer
placements for the purpose of attending an onsite high school, may
continue to operate under an appropriate licensing category
determined by the State Department of Social Services as long as
those facilities submit to the department a transition plan describing
how the program will comply with the provisions of this act,
pursuant to a timeframe to be determined with the department.

begin delete SEC. 101. end delete
begin insert SEC. 106. end insert   

(a) The State Department of Social Services and
the State Department of Health Care Services shall adopt
regulations as required to implement the provisions of this act.

(b) 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), the departments identified in subdivision (a) may implement
and administer the changes made by this legislation through
all-county letters or similar written instructions until regulations
are adopted.

begin insert

begin insert SEC. 107. end insert   

end insert begin insert

The State Department of Social Services shall
provide periodic progress updates to the Legislature on the
implementation of this act.

end insert

begin delete SEC. 102. end delete
begin insert SEC. 108. end insert   

The State Department of Social Services shall work
with counties that operate shelters, probation agencies, homeless
shelter providers, residential education providers, and others to
identify jointly developed alternative timeframes or criteria to be
met in order to address the unique circumstances and needs of the
populations they serve, while remaining consistent with the
principles of this act.

begin delete SEC. 103. end delete
begin insert SEC. 109. end insert   

The Legislature finds and declares that this act,
which adds Section 16519.55 to the Welfare and Institutions Code,
imposes a limitation on the public’s right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:

In order to encourage the recruitment of resource families, to
protect their personal privacy, and to preserve the security of
confidentiality of the placements with resource families, it is
necessary that the names, addresses, and other identifying
information of resource families not be disclosed by any state or
local agency pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code), except as necessary for
administering the resource family approval program, facilitating
the placement of children with resource families, and providing
names and addresses only to bona fide professional foster parent
organizations upon request.

begin delete SEC. 104. end delete
begin insert SEC. 110. end insert   

Except as required by Section 36 of Article XIII of
the California Constitution, no reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs because, in that regard, this act
implements a federal law or regulation and results in costs
mandated by the federal government, within the meaning of Section
17556 of the Government Code.

No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution for certain costs
that may be incurred by a local agency or school district because,
in that regard, this act creates a new crime or infraction, eliminates
a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.

With regard to other costs, to the extent that this act has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by the 2011
Realignment Legislation within the meaning of Section 36 of
Article XIII of the California Constitution, it shall apply to local
agencies only to the extent that the state provides annual funding
for the cost increase. Any new program or higher level of service
provided by a local agency pursuant to this act above the level for
which funding has been provided shall not require a subvention
of funds by the state nor otherwise be subject to Section 6 of Article
XIII B of the California Constitution.