Amended in Senate September 4, 2015

Amended in Senate September 1, 2015

Amended in Senate July 16, 2015

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

(Coauthors: Senators Beall and Berryhill)

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, 1506, 1507.25, 1520.1, 1520.5, 1522.2, 1522.4, 1522.41, 1522.43, 1524, 1524.6, 1525.5, 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 1506.1, 1517, and 1562.01 to, and to add and repeal Section 1502.45 of, the Health and Safety Code, to amend Sections 11105.08, 11105.2, 11105.3, and 11170 of the Penal Code, and to amend Sections 319.3, 706.6, 727, 727.1, 4094.2, 5600.3, 10553.12, 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, 16514, 16519.5, 18251, and 18987.72 of, to amend and repeal Section 16003 of, to amend, repeal, and add Sections 361.2, 4096, 4096.5, 11402, 11462, 11462.01, 11462.02, 11462.04, 11463, 11466.2, and 18254 of, to add Sections 827.11, begin delete 831, end delete begin insert 832, end insert 11253.2, 11462.022, 11462.041, 11466, 16003.5, 16519.52, 16519.53, 16519.54, 16519.55, and 16519.6 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. Existing law requires the department to establish procedures to recover overpayments made to providers.

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. The bill would also revise the procedures for recovering overpayments, and would make the failure to repay an overpayment grounds for termination of the provider’s rate and cause the referral of the provider for license revocation.

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.

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.

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This bill would incorporate additional changes made by AB 1387, SB 238, SB 484, SB 524, and SB 794, that would become operative only if this bill is chaptered last.

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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.

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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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete begin insert

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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert

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

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

SECTION 1.  

(a) 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. If
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.

(b) Federal law requires that placements of children in foster
care be in the least restrictive, most family-like environment.
Federal law requires the review of the child’s case plan to assess
the necessity for and appropriateness of the placement, to assess
the progress that has been made toward the case plan goals, and
project a likely date by which the child can be safely reunified, or
placed for adoption or legal guardianship. Federal law requires the
court to periodically, but no less frequently than every six months,
review the case plan, the child’s status, and the extent of
compliance with the case plan.

(c) It is therefore the intent of the Legislature to maintain
children’s safety, well-being, and healthy development when they
are removed from their own families by placing them, whenever
possible and appropriate, with relatives or someone familiar, or,
when this is not possible or appropriate, with other caregiving
families that are able to meet their physical, social, and emotional
needs until they can return home. When reunifying children with
their family is not possible, the obligation remains to seek other
forms of permanency, such as adoption or guardianship. To achieve
this intent, the Legislature recognizes the following:

(1) That the experience and outcomes of foster youth will be
improved by assessing the individual needs of each child and youth
at the outset of his or her entry into foster care in order to identify
and secure the most appropriate services and placement setting to
meet those individualized needs.

(A) Services are consistent with the objectives of the Katie A.
Settlement Agreement, which include the timely provision of an
array of appropriate services that are coordinated, comprehensive,
and community-based, and which address the needs of children
and youth with more intensive needs requiring medically necessary
specialty mental health services in their own home, or an
appropriate homelike setting in order to facilitate reunification and
to ensure their safety, permanence, and well-being. Children in
need of services are identified and assessed promptly. Child welfare
and mental health agencies work together in the provision of
coordinated services to these children and youth, and the child’s
or youth’s family’s voice and choice are taken into account as
demonstrated through the Core Practice Model.

(B) Efforts to achieve legal permanency and emotional
permanency are necessary for every child and youth. These include
establishing and maintaining connections to siblings, extended
family, culture, and, if applicable, tribes.

(C) If necessary to meet their treatment and safety needs, some
youth who enter foster care may benefit from an initial, upfront,
short-term residential care placement to provide crisis stabilization
and the structure they require, with the goal of returning them back
home or to a less restrictive, family-based setting as soon as
possible. Children should not have to first exhaust a number and
variety of less restrictive placements regardless of their individual
need, which would be detrimental to their well-being.

(2) That children and youth in foster care have been affected
by trauma, both by the fact that they have been separated from
their family, and by the circumstances that led to their removal.
Recognizing this trauma and minimizing additional trauma should
be structured into how practice is implemented for children and
youth in foster care.

(3) That youth in foster care under the supervision of county
probation departments may require additional considerations when
being placed outside of the parental home. When ordering
placement, the court and probation officers must consider the safety
and needs of the youth and the public safety of the community.
Significant reforms have been adopted in the juvenile justice
system by the state and by the counties in recognition of the fact
that detaining youth far from home is not ideal, but may be
necessary for a small percentage of probation youth who have
committed the most serious offenses. At the same time, in order
to serve those probation youth whose needs can be appropriately
met safely in least restrictive, family-based settings, sufficient
capacity in home-based family care must be developed.

(4) That research demonstrates that being cared for in a family
improves outcomes for children who have experienced abuse and
neglect. Therefore, children who cannot safely be placed in
home-based family care can go into residentially based care with
individualized, specific care plans and intensive therapeutic
interventions, while emphasizing continuity of care, as
demonstrated by the residentially based services pilot program,
established pursuant to Chapter 12.87 (commencing with Section
18987.7) of Part 6 of Division 9 of the Welfare and Institutions
Code. These placements should be short-term in nature and
designed to enable children and youth to return to their birth, kin,
foster, or adoptive families as quickly and safely as possible,
supported by services designed to help the child, youth, and family
in this transition. With these services, relatives and foster families
can care for children and youth with behavioral and mental health
challenges that often are associated with neglect and abuse. Placing
agency decisions regarding a specific family need to be based on
a determination that the family has the ability and capacity to meet
the needs of the specific child or youth.

(5) That working with the child, youth, and family as part of a
team results in better outcomes. The child and family team,
including extended family and community or tribe, is the primary
vehicle for collaboration on the assessment, case planning, and
placement decisions that are made by placing agencies. Use of
these teams is based upon the wraparound model of care and is
intended to support social work, practice, and decisionmaking.

(6) That culturally relevant services and supports need to be
made available to children, youth, and their caregivers, regardless
of the placement setting, and individually tailored to their needs.

(7) That the practice of public agencies, private agencies, and
service providers should be aligned through a common core
practice model, with county child welfare and probation agencies
retaining their case management responsibilities.

(8) That there is a shift in the terminology used with respect to
foster care to describe “resource families” as “home-based family
care.” These families must parent and nurture vulnerable,
traumatized children in emergencies, through transitions and crises,
and sometimes make them a permanent part of their own families.
These families are inclusive of related or unrelated caregivers who
are approved to foster, adopt, or take guardianship of children in
foster care, regardless of whether they are approved by a public
or private agency.

(9) That the needs of children placed in residential group
placements can most effectively be met when there is system
accountability. Placement decisions should be informed by the
provider’s performance on common indicators that are publicly
available. Providers should continuously work to improve the
quality of the care they provide by using available data to manage
performance.

(d) The Legislature further declares its intent to continue to
adhere to the declarations in Section 175 of the Family Code,
Section 1459 of the Probate Code, and Section 224 of the Welfare
and Institutions Code pertaining to Indian children, including that
the state is committed to protecting the essential tribal relations
and best interests of an Indian child by promoting practices, in
accordance with the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.) and other applicable laws, designed to prevent
the child’s involuntary out-of-home placement and, whenever that
placement is necessary or ordered, by placing the child, whenever
possible, in a placement that reflects the unique values of the
child’s tribal culture and is best able to assist the child in
establishing, developing, and maintaining a political, cultural, and
social relationship with the child’s tribe and tribal community. To
that end this legislation is not intended to displace or preclude
options available to Indian children, such as placement in tribally
approved homes as allowed under the federal Indian Child Welfare
Act, or tribal customary adoptions pursuant to Section 366.24 of
the Welfare and Institutions Code.

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) On and after January 1, 2017, an out-of-state group home
program shall, in order to receive an AFDC-FC rate, meet the
requirements of paragraph (2) of subdivision (c) of Section 11460
of the Welfare and Institutions Code.

(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. Certifications
made pursuant to this subdivision shall be reviewed annually.

(d) 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, 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.

begin insert

begin insert SEC. 6.5. end insert   

end insert

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

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 begin insert public agency or private end insert
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 begin delete care as an alternative to
a group home. end delete begin insert care. end insert 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.

begin insert

(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, 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.

end insert begin insert

(19) “Private or public residential care facility for youth” means
a facility or program licensed by the department to operate
pursuant to Section 1502.2 to provide nonmedical care, counseling,
or educational or vocational support to persons under 18 years
of age with social, emotional, behavioral, or mental health issues
or disorders.

end insert

(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 seriously emotionally disturbed, 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) “Health facility” has the meaning set forth in Section 1250.

(B) “Seriously emotionally disturbed” has the same meaning
as that term is used in subdivision (a) of Section 5600.3 of the
Welfare and Institutions Code.

(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
seriously emotionally disturbed, 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 subdivision (g) of Section
4096 of the Welfare and Institutions Code.

(B) A licensed mental health professional as defined in
subdivision (g) of Section 4096 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 seriously emotionally disturbed children.

(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.

(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.

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 only 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, as defined in Section 1250, 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) “Health facility” has the meaning set forth in Section 1250.

(2) “Seriously emotionally disturbed” has the same meaning as
that term is used in subdivision (a) of Section 5600.3 of the Welfare
and Institutions Code.

(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.

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

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 only accept for placement, and provide care and
supervision to, a child assessed as seriously emotionally disturbed
as long as the child does not need inpatient care in a licensed health
facility, as defined in Section 1250.

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

(A) “Health facility” has the meaning set forth in Section 1250.

(B) “Seriously emotionally disturbed” has the same meaning
as that term is used in subdivision (a) of Section 5600.3 of the
Welfare and Institutions Code.

(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, only children who have been assessed as
seriously emotionally disturbed 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 subdivision (g)
of Section 4096 of the Welfare and Institutions Code.

(B) A licensed mental health professional as defined in
subdivision (g) of Section 4096 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 seriously emotionally disturbed children.

(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.

(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, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 10.  

Section 1506 of the Health and Safety Code is
amended to read:

1506.  

(a) (1) Any holder of a valid license issued by the
department that authorizes the licensee to engage in foster family
agency functions may use only a certified family home that has
been certified by that agency or a licensed foster family home
approved for this use by the licensing county pursuant to Section
1506.5.

(2) Any home selected and certified for the reception and care
of children by that licensee shall not, during the time it is certified
and used only by that agency for these placements or care, be
subject to Section 1508. A certified family home may not be
concurrently licensed as a foster family home or as any other
licensed residential facility.

(3) A child with a developmental disability who is placed in a
certified family home by a foster family agency that is operating
under agreement with the regional center responsible for that child
may remain in the certified family home after the age of 18 years.
The determination regarding whether and how long he or she may
remain as a resident after the age of 18 years shall be made through
the agreement of all parties involved, including the resident, the
foster parent, the foster family agency social worker, the resident’s
regional center case manager, and the resident’s parent, legal
guardian, or conservator, as appropriate. This determination shall
include a needs and service plan that contains an assessment of
the child’s needs to ensure continued compatibility with the other
children in placement. The needs and service plan shall be
completed no more than six months prior to the child’s 18th
birthday. The assessment shall be documented and maintained in
the child’s file with the foster family agency.

(b) (1) A foster family agency shall certify to the department
that the home has met the department’s licensing standards. A
foster family agency may require a family home to meet additional
standards or be compatible with its treatment approach.

(2) The foster family agency shall issue a certificate of approval
to the certified family home upon its determination that it has met
the standards established by the department and before the
placement of any child in the home. The certificate shall be valid
for a period not to exceed one year. The annual recertification shall
require a certified family home to complete at least 12 hours of
structured applicable training or continuing education. At least
one hour of training during the first six months following initial
certification shall be dedicated to meeting the requirements of
paragraph (1) of subdivision (b) of Section 11174.1 of the Penal
Code.

(3) If the agency determines that the home no longer meets the
standards, it shall notify the department and the local placing
agency.

(c) As used in this chapter, “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) (1) Requirements for social work personnel for a foster
family agency shall be a master’s degree from an accredited or
state-approved graduate school in social work or social welfare,
or equivalent education and experience, as determined by the
department.

(2) Persons who possess a master’s degree from an accredited
or state-approved graduate school in any of the following areas,
or equivalent education and experience, as determined by the
department, shall be considered to be qualified to perform social
work activities in a foster family agency:

(A) Marriage, family, and child counseling.

(B) Child psychology.

(C) Child development.

(D) Counseling psychology.

(E) Social psychology.

(F) Clinical psychology.

(G) Educational psychology, consistent with the scope of
practice as described in Section 4989.14 of the Business and
Professions Code.

(H) Education, with emphasis on counseling.

(e) (1) In addition to the degree specifications in subdivision
(d), all of the following coursework and field practice or
experience, as defined in departmental regulations, shall be required
of all new hires for the position of social work personnel effective
January 1, 1995:

(A) At least three semester units of field practice at the master’s
level or six months’ full-time equivalent experience in a public or
private social service agency setting.

(B) At least nine semester units of coursework related to human
development or human behavior, or, within the first year of
employment, experience working with children and families as a
major responsibility of the position under the supervision of a
supervising social worker.

(C) At least three semester units in working with minority
populations or six months of experience in working with minority
populations or training in cultural competency and working with
minority populations within the first six months of employment
as a condition of employment.

(D) At least three semester units in child welfare or at least six
months of experience in a public or private child welfare social
services setting for a nonsupervisory social worker. A supervising
social worker shall have two years’ experience in a public or private
child welfare social services setting.

(2) (A) Persons who do not meet the requirements specified in
subdivision (d) or (e) may apply for an exception as provided for
in subdivisions (f) and (g).

(B) Exceptions granted by the department prior to January 1,
1995, shall remain in effect.

(3) (A) Persons who are hired as social work personnel on or
after January 1, 1995, who do not meet the requirements listed in
this subdivision shall be required to successfully meet those
requirements in order to be employed as social work personnel in
a foster family agency.

(B) Employees who were hired prior to January 1, 1995, shall
not be required to meet the requirements of this subdivision in
order to remain employed as social work personnel in a foster
family agency.

(4) Coursework and field practice or experience completed to
fulfill the degree requirements of subdivision (d) may be used to
satisfy the requirements of this subdivision.

(f) Individuals seeking an exception to the requirements of
subdivision (d) or (e) based on completion of equivalent education
and experience shall apply to the department by the process
established by the department.

(g) The department shall be required to complete the process
for the exception to minimum education and experience
requirements described in subdivisions (d) and (e) within 30 days
of receiving the exception application of social work personnel or
supervising social worker qualifications from the foster family
agency.

(h) The department shall review the feasibility of instituting a
licensure category to cover foster homes that are established
specifically to care for and supervise adults with developmental
disabilities, as defined in subdivision (a) of Section 4512 of the
Welfare and Institutions Code, to prevent the institutionalization
of those individuals.

(i) For purposes of this section, “social work personnel” means
supervising social workers as well as nonsupervisory social
workers.

SEC. 11.  

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.

(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.

(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.

(c) (1) 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.

(2) On and after January 1, 2017, a foster family agency’s plan
of operation shall contain a plan for the supervision, evaluation,
and training of staff. The training plan shall be appropriate to meet
the needs of children, and it shall be consistent with the training
provided to resource families as set forth in Section 16519.5 of
the Welfare and Institutions Code.

(3) In addition to complying with the rules and regulations
adopted pursuant to this chapter, on and after January 1, 2017, a
foster family agency’s plan of operation shall include a program
statement. The program statement shall contain a description of
all of the following:

(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.

(B) The treatment practices that will be used in serving children
and families.

(C) The procedures for the development, implementation, and
periodic updating of the needs and services plan for children placed
with the foster family agency or served by the foster family agency,
and procedures for collaborating with the child and family team
as 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 children assessed pursuant to subdivision (d)
or (e) of Section 11462.01 of the Welfare and Institutions Code.

(D) How 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.

(E) A description of the population or populations to be served.

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

(d) 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.

(e) 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.

(f) 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.

(g) The department shall establish procedures for a county
review process, at the county’s option, for foster family agencies,
which may include the review of the foster family agency’s
program statement, and which shall be established in consultation
with the County Welfare Directors Association of California, Chief
Probation Officers of California, and stakeholders, as appropriate.

SEC. 12.  

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.

SEC. 13.  

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

1517.  

(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 has successfully met both the home
environment assessment 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 (t) 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 this chapter,
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 resource family
approval and utilizing standardized documentation established by
the department.

(C) Ensuring staff have the education and experience necessary
to complete the home environment and psychosocial assessments
competently.

(D) Taking the following actions, as applicable:

(i) Approving or denying resource family applications.

(ii) Rescinding approvals of resource families.

(E) 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.

(F) Updating resource family approval annually.

(G) 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.

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

(I) 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.

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

(c) 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 all of the following:

(1) Investigating all complaints against a resource family
approved by a 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.

(2) Rescinding approvals of a resource family approved by a
foster family agency.

(3) Excluding a resource family parent or other individual from
presence in a resource family home or licensed community care
facility, from being a member of the board of directors, an
executive director, or an officer of a licensed community care
facility, or prohibiting a licensed community care facility from
employing the resource family parent or other individual, if
appropriate.

(4) 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 from physical or
mental abuse, abandonment, or any other substantial threat to
health or safety.

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

(e) 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.

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

(g) (1) 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 resource family 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.

(2) No later than July 1, 2017, each foster family agency shall
provide the following information to all certified family homes:

(A) A detailed description of the resource family approval
program.

(B) Notification that, in order to care for a foster child, resource
family approval is required by December 31, 2019.

(C) Notification that a certificate of approval shall be forfeited
by operation of law as provided for in paragraph (5).

(3) By no later than January 1, 2018, the following shall apply
to all certified family homes:

(A) A certified family home with an approved adoptive home
study, completed prior to January 1, 2018, shall be deemed to be
an approved resource family.

(B) A certified family home that had a child in placement for
any length of time, between January 1, 2017, and December 31,
2017, inclusive, may be approved as a resource family on the date
of successful completion of a psychosocial assessment pursuant
to subparagraph (B) of paragraph (2) of subdivision (d) of Section
16519.5 of the Welfare and Institutions Code.

(4) A foster family agency may provide supportive services to
all certified family homes with a child in placement to assist with
the resource family transition and to minimize placement
disruptions.

(5) All certificates of approval shall be forfeited by operation
of law on December 31, 2019, except as provided in this paragraph:

(A) A certified family home that did not have a child in
placement for any length of time between January 1, 2017, and
December 31, 2017, inclusive, shall forfeit by operation of law its
certificate of approval on January 1, 2018.

(B) For a certified family home with a pending resource family
application on December 31, 2019, the certificate of approval shall
be forfeited by operation of law on the date of approval as a
resource family. If approval is denied, forfeiture by operation of
law shall occur on the date of completion of any proceedings
required by law to ensure due process.

SEC. 14.  

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.

(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 (5) of subdivision (b) of Section 11462 of
the Welfare and Institutions Code and provided that all other
requirements for a license have been met.

(5) 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.

(6) 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.

(b) (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 (f), 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.

(c) 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, or when a time clock is used,
the payroll register shall be signed and dated, and those financial
records 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.

(d) 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.

(e) (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.

(f) 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.

SEC. 15.  

Section 1520.5 of the Health and Safety Code is
amended to read:

1520.5.  

(a) The Legislature hereby declares it to be the policy
of the state to prevent overconcentrations of residential facilities
that impair the integrity of residential neighborhoods. Therefore,
the department shall deny an application for a new residential
facility license if the department determines that the location is in
a proximity to an existing residential facility that would result in
overconcentration.

(b) As used in this section, “overconcentration” means that if a
new license is issued, there will be residential facilities that are
separated by a distance of 300 feet or less, as measured from any
point upon the outside walls of the structures housing those
facilities. Based on special local needs and conditions, the
department may approve a separation distance of less than 300
feet with the approval of the city or county in which the proposed
facility will be located.

(c) At least 45 days prior to approving any application for a new
residential facility, the department, or county licensing agency,
shall notify, in writing, the planning agency of the city, if the
facility is to be located in the city, or the planning agency of the
county, if the facility is to be located in an unincorporated area,
of the proposed location of the facility.

(d) Any city or county may request denial of the license applied
for on the basis of overconcentration of residential facilities.

(e) Nothing in this section authorizes the department, on the
basis of overconcentration, to refuse to grant a license upon a
change of ownership of an existing residential facility when there
is no change in the location of the facility.

(f) Foster family homes and residential facilities for the elderly
shall not be considered in determining overconcentration of
residential facilities, and license applications for those facilities
shall not be denied upon the basis of overconcentration.

(g) Transitional shelter care facilities and temporary shelter care
facilities shall not be considered in determining overconcentration
of residential facilities, and license applications for those facilities
shall not be denied upon the basis of overconcentration.

SEC. 16.  

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.

SEC. 17.  

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.

SEC. 18.  

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 specified department-approved training certification program,
pursuant to subdivision (c), prior to employment.

(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 for group homes
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 of facility residents.

(G)  Assistance with self-administration, 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 and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.

(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
Article 3.6 (commencing with Section 32228) of Chapter 2 of Part
19 of Division 1 of Title 1 of the Education Code.

(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:

(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 and management and supervision of
staff, including staff training.

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

(D) Permanence, well-being, and educational needs of the
children.

(E) Community and support services, including accessing local
behavioral and mental health supports and interventions, substance
use disorder treatments, and culturally relevant services, as
appropriate.

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

(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.

(H) The federal Indian Child Welfare Act (25 U.S.C Sec. 1901
et seq.), its historical significance, the rights of children covered
by the act, and the best interests of Indian children as including
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership, and
connection to the tribal community and traditions.

(I) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.

(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
Article 3.6 (commencing with Section 32228) of Chapter 2 of Part
19 of Division 1 of Title 1 of the Education Code.

(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:

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

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

(B) Metabolic monitoring of children prescribed psychotropic
medications.

(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.

(4) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.), its historical significance, the rights of children covered
by the act, and the best interests of Indian children as including
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership, and
connection to the tribal community and traditions.

(5) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.

(6) Physical and psychosocial needs of children, including
behavior management, deescalation techniques, and trauma
informed crisis management planning.

(e) 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 (f) 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.

(f) 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.

(g) 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.

(h) (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.

(i) 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.

(j) (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 department.

(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.

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

(l) Notwithstanding any 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 insert

begin insert SEC. 18.5. end insert   

end insert

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

1522.41.  

(a)  begin insert (1) end insert begin insert   end insert The begin delete director, end delete begin insert department, end insert 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
begin delete a end delete begin insert an administrator end insert certification begin insert training end insert 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.

begin insert

(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.

end insert

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

(2) In those cases begin delete where end delete begin insert when end insert 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 begin delete residents. end delete
begin insert residents, including, but not limited to, the information described
in subdivision (d) of Section 16501.4 of the Welfare and Institutions
Code. end insert

(E) Community and support services.

(F) Physical needs begin delete for end delete begin insert of end insert 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 begin delete relating
to, end delete and begin insert related end insert best practices begin delete for, end delete begin insert for end insert providing adequate care begin delete to end delete
begin insert for children across diverse ethnic and racial backgrounds, as well
as children identifying as end insert lesbian, gay, bisexual, begin delete and transgender
youth in out-of-home care. end delete begin insert or transgender. end insert

(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.

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) Permanence, well-being, and educational needs of the
children.

end insert begin insert

(E) Community and support services, including accessing local
behavioral and mental health supports and interventions, substance
use disorder treatments, and culturally relevant services, as
appropriate.

end insert begin insert

(F) Understanding the requirements and best practices
regarding psychotropic medications, including, but not limited to,
court authorization, uses, benefits, side effects, interactions,
assistance with self-administration, misuse, documentation,
storage, and metabolic monitoring of children prescribed
psychotropic 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) The federal Indian Child Welfare Act (25 U.S.C Sec. 1901
et seq.), its historical significance, the rights of children covered
by the act, and the best interests of Indian children as including
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

(I) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.

end insert begin insert

(J) Nonviolent emergency intervention and reporting
requirements.

end insert begin insert

(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
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) (A) Authorization, uses, benefits, side effects, interactions,
assistance with self-administration, misuse, documentation, and
storage of medications.

end insert begin insert

(B) Metabolic monitoring of children prescribed psychotropic
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) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.), its historical significance, the rights of children covered
by the act, and the best interests of Indian children as including
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) Instruction on cultural competency and sensitivity and
related best practices for providing adequate care for children
across diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.

end insert begin insert

(6) Physical and psychosocial needs of children, including
behavior management, deescalation techniques, and trauma
informed crisis management planning.

end insert begin delete

(3)

end delete

begin insert (e) end insert  Individuals applying for begin insert administrator end insert certification under
this section shall successfully complete an approved begin insert administrator end insert
certification begin insert training end insert 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 begin delete facility. end delete begin insert or short-term residential treatment center. end insert
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 begin delete facility end delete
begin insert or short-term residential treatment center end insert 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.
begin delete Community end delete begin insert The department shall accept for certification,
community end insert college course hours approved by the regional begin delete centers
shall be accepted by the department for certification. end delete begin insert centers. end insert

(2) Every administrator of a group home begin delete facility end delete begin insert or short-term
residential treatment center end insert 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 begin delete subdivision (f), end delete begin insert this
subdivision, end insert 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
begin insert administrator end insert 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 begin delete home facilities. end delete
begin insert homes or short-term residential treatment centers. end insert

(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes begin insert or short-term residential treatment centers end insert 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 begin insert administrator end insert 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 begin delete provision of end delete 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 begin delete facility end delete begin insert or short-term residential treatment center end insert
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.

SEC. 19.  

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.

(d) The department shall establish a process, no later than
January 1, 2017, for convening the peer review panel as set forth
in subdivision (b) for review of the plans of operation for
short-term residential treatment centers, and shall develop this
process in consultation with the County Welfare Directors
Association of California, Chief Probation Officers of California,
County Behavioral Health Directors Association of California,
and stakeholders.

SEC. 20.  

Section 1524 of the Health and Safety Code is
amended to read:

1524.  

A license shall be forfeited by operation of law when
one of the following occurs:

(a) The licensee sells or otherwise transfers the facility or facility
property, except when change of ownership applies to transferring
of stock when the facility is owned by a corporation, and when
the transfer of stock does not constitute a majority change of
ownership.

(b) The licensee surrenders the license to the department.

(c) (1) The licensee moves a facility from one location to
another. The department shall develop regulations to ensure that
the facilities are not charged a full licensing fee and do not have
to complete the entire application process when applying for a
license for the new location.

(2) This subdivision shall not apply to a licensed foster family
home, a home certified by a licensed foster family agency, or a
home approved pursuant to Sections 309, 361.4, and 361.45 of the
Welfare and Institutions Code. When a foster family home licensee,
certified home parent, or a person approved to care for children
pursuant to Sections 309, 361.4, and 361.45 of the Welfare and
Institutions Code moves to a new location, the existing license,
certification, or approval may be transferred to the new location.
All caregivers to whom this paragraph applies shall be required to
meet all applicable licensing laws and regulations at the new
location.

(d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section
273d, 288, or 289 of the Penal Code, or is convicted of another
crime specified in subdivision (c) of Section 667.5 of the Penal
Code.

(e) The licensee dies. If an adult relative notifies the department
of his or her desire to continue operation of the facility and submits
an application, the department shall expedite the application. The
department shall promulgate regulations for expediting applications
submitted pursuant to this subdivision.

(f) The licensee abandons the facility.

(g) When the certification issued by the State Department of
Developmental Services to a licensee of an Adult Residential
Facility for Persons with Special Health Care Needs, licensed
pursuant to Article 9 (commencing with Section 1567.50), is
rescinded.

(h) When the certification issued by the State Department of
Developmental Services to a licensee of an enhanced behavioral
supports home, licensed pursuant to Article 9.5 (commencing with
Section 1567.61), is rescinded.

(i) When the certificate of program approval issued 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, to a licensee of a community
crisis home, licensed pursuant to Article 9.7 (commencing with
Section 1567.80), is rescinded.

(j) A group home license issued to a county shall be forfeited
by operation of law when the county receives a license to operate
a temporary shelter care facility in accordance with Section 1530.8.

(k) A temporary shelter care facility license issued to a private,
nonprofit organization under contract with a county shall be
forfeited by operation of law upon termination of the contract in
accordance with Section 1530.8.

(l) A foster family home license shall be forfeited by operation
of law as provided in paragraph (4) of subdivision (r) of Section
16519.5 of the Welfare and Institutions Code.

SEC. 21.  

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.

SEC. 22.  

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

1525.5.  

(a)  The department may issue provisional licenses to
operate community care facilities for facilities that the director
determines are in substantial compliance with this chapter and the
rules and regulations adopted pursuant to this chapter, 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.

(c) Notwithstanding subdivision (a), the department may extend
the term of a provisional license issued to a foster family agency,
not to exceed two years, if it determines that this additional time
is required to secure accreditation from an entity identified by the
department pursuant to paragraph (8) of subdivision (b) of Section
11463 of the Welfare and Institutions Code and provided that all
other requirements for a license have been met.

SEC. 23.  

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 system.

(B) The effects of child abuse and neglect on child development.

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

(D) Health issues in foster 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, mental health, and substance use
disorder treatments, for children in foster care under the jurisdiction
of the juvenile court, including how to access those treatments.

(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 begin delete relating
to end delete begin insert and related end insert best practices for providing adequate care begin delete to end delete begin insert for
children across diverse ethnic and racial backgrounds, as well as
children identifying as end insert lesbian, gay, bisexual, begin delete and transgender
youth in out-of-home care. end delete begin insert or transgender. end insert

(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.

(c) 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.

(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 insert

begin insert SEC. 23.5. end insert   

end insert

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

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 system.

(B) The effects of child abuse and neglect on child development.

(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 or psychotropic or
other medications, and trauma, mental health, and substance use
disorder treatments, for children in foster care under the
jurisdiction of the juvenile court, including how to access those
treatments, as the information is also described in subdivision (d)
of Section 16501.4 of the Welfare and Institutions Code. 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 begin delete relating
to, and end delete begin insert and related end insert best practices begin delete for, end delete begin insert for end insert providing adequate care
begin delete to end delete begin insert for children across diverse ethnic and racial backgrounds, as
well as children identifying as end insert lesbian, gay, bisexual, begin delete and
transgender youth in out-of-home care. end delete begin insert or transgender. end insert

(H) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a begin delete harassment and violence free end delete begin insert harassment- and violence-free end insert
school environment contained in begin delete the California Student Safety and
Violence Prevention Act of 2000 (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

(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 begin delete care. end delete begin insert care, including, but not limited
to, the information described in subdivision (d) of Section 16501.4
of the Welfare and Institutions Code. end insert

(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
begin delete Conference, end delete begin insert conference, end insert 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.

(c) 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 insert

(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.

end insert

SEC. 24.  

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 and probation systems 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, including, but not limited to,
the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic or
other medications, and trauma, mental health, and substance use
disorder treatments for children in foster care under the jurisdiction
of the juvenile court, including how to access those treatments.

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

(4) Preparation of children and youth 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 sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.

(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:

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

(2) Understanding cultural needs of children, including, but not
limited to, cultural competency and sensitivity and related best
practices for providing adequate care to children across diverse
ethnic and racial backgrounds, as well as children identifying as
lesbian, gay, bisexual, or transgender.

(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 prescribed psychotropic
medications.

(4) Understanding the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
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.

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

(6) Understanding how to use best practices for providing care
and supervision to children with special health care needs.

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

(e) (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.

(f) (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.

(g) (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.

(h) 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.

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

(j) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin insert

begin insert SEC. 24.5. end insert   

end insert

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

begin insert

begin insert 1529.2. end insert   

(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 and probation systems 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, including, but not limited to,
the authorization, uses, risks, benefits, assistance with
self-administration, oversight, and monitoring of psychotropic or
other medications, and trauma, mental health, and substance use
disorder treatments for children in foster care under the
jurisdiction of the juvenile court, including how to access those
treatments. Health issues in foster 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, mental health, and substance use
disorder treatments for children in foster care under the
jurisdiction of the juvenile court, including how to access those
treatments, as the information is also described in subdivision (d)
of Section 16501.4 of the Welfare and Institutions Code.

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

(4) Preparation of children and youth 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 sensitivity and
related best practices for providing adequate care for children
across diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.

(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:

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

(2) Understanding cultural needs of children, including, but not
limited to, cultural competency and sensitivity and related best
practices for providing adequate care to children across diverse
ethnic and racial backgrounds, as well as children identifying as
lesbian, gay, bisexual, or transgender.

(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 prescribed
psychotropic medications.

(4) Understanding the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
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.

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

(6) Understanding how to use best practices for providing care
and supervision to children with special health care needs.

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

(e) (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.

(f) (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.

(g) (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.

(h) 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.

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

(j) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end insert

SEC. 25.  

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.

SEC. 26.  

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 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.

(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. 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.

(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, 2017, 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 county or on behalf of a
county by a private, nonprofit agency.

(2) It is a 24-hour facility that provides no more than 10 calendar
days of residential care and supervision for 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.

(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.

(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.

(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.

(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.

(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.

SEC. 27.  

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.

SEC. 28.  

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 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.

SEC. 29.  

Section 1534 of the Health and Safety Code, as
amended by Section 4 of Chapter 20 of the Statutes of 2015, 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.

(c) 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.

SEC. 30.  

Section 1534 of the Health and Safety Code, as added
by Section 5 of Chapter 20 of the Statutes of 2015, 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) On and after January 1, 2017, and until January 1, 2018,
the following shall apply:

(i) Except for foster family homes, the department shall conduct
annual unannounced inspections of no less than 30 percent of every
licensed community care facility not subject to an inspection under
subparagraph (B).

(ii) The department shall conduct annual announced inspections
of no less than 30 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) The department shall inspect a licensed community care
facility at least once every three years.

(D) On and after January 1, 2018, and until January 1, 2019,
the following shall apply:

(i) The department shall conduct annual unannounced
inspections of no less than 20 percent of adult residential facilities,
adult day programs, social rehabilitation facilities, enhanced
behavioral support homes for adults, and community crisis homes,
as defined in Section 1502, which are not subject to an inspection
under subparagraph (B).

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

(iii) The department shall inspect an adult residential facility,
adult day program, social rehabilitation facility, enhanced
behavioral support home for adults, and community crisis home,
as defined in Section 1502, at least once every two years.

(E) On and after January 1, 2019, the department shall conduct
annual unannounced inspections of all adult residential facilities,
adult day programs, social rehabilitation facilities, enhanced
behavioral support homes for adults, and community crisis homes,
as defined in Section 1502, and adult residential facilities for
persons with special health care needs, as defined in Section
4684.50 of the Welfare and Institutions Code.

(F) On and after January 1, 2018, the following shall apply:

(i) Except for foster family homes, the department shall conduct
annual unannounced inspections of no less than 20 percent of
residential care facilities for children, as defined in Section 1502,
including enhanced behavioral support homes for children,
transitional housing placement providers, and foster family
agencies 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, as defined in
Section 1502, not subject to an inspection under subparagraph (B).

(iii) The inspections in clauses (i) and (ii) shall be conducted
based on a random sampling methodology developed by the
department.

(iv) The department shall conduct unannounced inspections of
residential care facilities for children, as defined in Section 1502,
including enhanced behavioral support homes for children,
transitional housing placement providers, and foster family
agencies, and announced inspections of foster family homes, at
least once every two 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.

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

SEC. 31.  

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, upon request, only
to bona fide professional foster parent organizations and to
professional organizations educating foster parents, including the
Foster and Kinship Care Education Program of the California
Community Colleges.

(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 insert

begin insert SEC. 31.5. end insert   

end insert

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

1536.  

(a) (1) At least annually, the begin delete director end delete begin insert department end insert 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, begin delete or end delete runaway and homeless youth
shelter, begin insert or short-term residential treatment center, end insert 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 begin delete addresses end delete begin insert addresses, upon
request, end insert only to bona fide professional foster parent organizations
begin delete upon request. end delete begin insert and to professional organizations educating foster
parents, including the Foster and Kinship Care Education Program
of the California Community Colleges. end insert

(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 insert

(f) At least annually, the department shall post on its Internet
Web site a statewide summary of the information gathered pursuant
to Sections 1538.8 and 1538.9. The summary shall include only
deidentified and aggregate information that does not violate the
confidentiality of a child’s identity and records.

end insert

SEC. 32.  

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.

SEC. 33.  

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.

SEC. 34.  

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.

SEC. 35.  

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.

SEC. 36.  

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 insert

begin insert SEC. 36.5. end insert   

end insert

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

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. begin delete In no event, shall end delete begin insert Except
as otherwise provided in this chapter, end insert a civil penalty assessment
begin insert shall not end insert 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, begin delete or end delete group home, begin insert or short-term residential treatment center, end insert
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, begin delete or end delete group home,
begin insert or short-term residential treatment center, end insert 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 begin delete director. end delete begin insert program administrator of the Community Care
Licensing Division. end insert

(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.

begin insert

(2) A notification of a deficiency written by a representative of
the department shall include a factual description of the nature of
the deficiency fully stating the manner in which the licensee failed
to comply with the specified statute or regulation, and, if
applicable, the particular place or area of the facility in which the
deficiency occurred.

end insert begin delete

(2)

end delete

begin insert (j) end insert   begin insert (1) end insert begin insert   end insert 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 begin delete 10 end delete begin insert 15 business end insert
days of receipt of the notice of a civil penalty assessment and shall
provide all begin insert available end insert supporting documentation at that time. The
review shall be conducted by begin delete a regional manager end delete begin insert the deputy
director end insert of the Community Care Licensing Division. begin delete If the regional
manager end delete begin insert end insert begin insert The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the deputy director end insert determines that the civil penalty
was not begin delete assessed end delete begin insert assessed, or the finding of deficiency was not
made, end insert in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil begin delete penalty. end delete
begin insert penalty or finding of deficiency. end insert The licensee shall be notified in
writing of the begin delete regional manager’s end delete begin insert deputy director’s end insert decision within
60 begin insert business end insert days of the begin delete request to review the assessment of the
civil penalty. end delete begin insert date when all necessary information has been
provided to the department by the licensee. end insert

begin delete

(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)

end delete

begin insert (2) end insert  Upon exhausting the begin delete deputy director review, end delete begin insert review
described in paragraph (1), end insert a licensee may begin insert further end insert appeal begin delete a civil
penalty assessed pursuant to subdivision (d) or (e) end delete begin insert that decision end insert
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.

begin delete

(6)

end delete

begin insert (3) end insert  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.

begin insert

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (j) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

end insert begin insert

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

end insert begin delete

(j)

end delete

begin insert (l) end insert  The department shall adopt regulations implementing this
section.

begin delete

(k)

end delete

begin insert (m) end insert  The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by begin delete the act
that added this subdivision. end delete begin insert Section 2 of Chapter 813 of the Statutes
of 2014. end insert

begin delete

(l)

end delete

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

begin insert

(o) Notwithstanding 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
and administer the changes made by the act that added this
subdivision through all-county letters or similar written
instructions until regulations are adopted pursuant to the
Administrative Procedure Act.

end insert begin delete

(m)

end delete

begin insert (p) end insert  This section shall become operative on July 1, 2015.

SEC. 37.  

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.

SEC. 38.  

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

1562.01.  

(a) The department shall license short-term residential
treatment centers, as defined in paragraph (18) of subdivision (a)
of Section 1502, pursuant to this chapter. 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.

(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 (5) of subdivision
(b) of Section 11462 of the Welfare and Institutions Code.

(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.

(c) 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.

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

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

(A) A statement of purposes and goals.

(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.

(C) A program statement that includes all of the following:

(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.

(iii) Procedures for the development, implementation, and
periodic updating of the needs and services plan for children served
by the short-term residential treatment center and procedures for
collaborating with the child and family team described in paragraph
(4) of subdivision (a) of Section 16501 of the Welfare and
Institutions Code, that include, but are not limited to, a description
of the services to be provided to meet the treatment needs of the
child as assessed, on and after January 1, 2017, 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.

(iv) A description of the population or populations to be served.

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

(e) 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.

(f) The department shall establish procedures for a county review
process, at the county’s option, for short-term residential treatment
centers, which may include the review of the short-term residential
treatment center’s program statement, and which shall be
established in consultation with the County Welfare Directors
Association of California, Chief Probation Officers of California,
and stakeholders, as appropriate.

(g) (1) The department shall adopt regulations to establish
requirements for the education, qualification, and training of facility
managers and staff who provide care and supervision to children
or who have regular, direct contact with children in the course of
their responsibilities 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 education and qualification requirements.

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

(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:

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

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

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

(C) Training to be completed annually.

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

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

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

(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.

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

(E) Core practice model.

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

(G) Reasonable and prudent parent standard.

(H) Instruction on cultural competency and sensitivity and
related best practices for providing adequate care for children
across diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.

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

(J) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.), its historical significance, the rights of children covered
by the act, and the best interests of Indian 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.

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

(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.

(M) Best practices for providing care and supervision to
nonminor dependents.

(N) Health issues in foster care.

(O) Physical and psychosocial needs of children, including
behavior management, deescalation techniques, and
trauma-informed crisis management planning.

(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.

(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.

(j) Notwithstanding any other section of this chapter, the
department may 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.

(k) A short-term residential treatment center shall have a
qualified and certified administrator, as set forth in Section
1522.41.

(l) 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.

SEC. 39.  

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.

SEC. 40.  

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.

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

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

(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 or child
abuse and neglect.

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

(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, mental health, and substance use disorder
treatments for children in foster care under the jurisdiction of the
juvenile court, including how to access those treatments.

(5) Accessing the services and supports available to foster
children to address educational needs, physical, mental, and
behavioral health, substance use disorders, and culturally relevant
services.

(6) Instruction on cultural competency and sensitivity and related
best practices for, providing adequate care for children across
diverse ethnic and racial backgrounds, as well as for children
identifying as lesbian, gay, bisexual, and transgender.

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

(8) Understanding the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
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.

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

(10) Understanding how to use best practices for providing care
and supervision to children with special health care needs.

(11) 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.

(12) Permanence, well-being, and educational needs of children.

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

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

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

(16) Physical and psychosocial needs of children, including
behavior management, deescalation techniques, and trauma
informed crisis management planning.

SEC. 41.  

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.

SEC. 42.  

Section 11105.08 of the Penal Code is amended to
read:

11105.08.  

(a) Notwithstanding any other law, a tribal agency
may request from the Department of Justice state and federal level
summary criminal history information for the purpose of approving
a tribal home for the placement of an Indian child into foster or
adoptive care.

(b) A tribal agency shall submit to the Department of Justice
fingerprint images and related information required by the
Department of Justice of an individual applying with the tribal
agency as a prospective foster parent or adoptive parent, any adult
who resides or is employed in the home of an applicant, any person
who has a familial or intimate relationship with any person living
in the home of an applicant, or employee of the child welfare
agency who may have contact with a child, for the purposes of
obtaining information as to the existence and content of a record
of state or federal convictions and state or federal arrests and also
information as to the existence and content of a record of state or
federal arrests for which the Department of Justice establishes that
the person is released on bail or on his or her own recognizance
pending trial or appeal.

(c) Upon receipt of a request for federal summary criminal
history information received pursuant to this section, the
Department of Justice shall forward the request to the Federal
Bureau of Investigation. The Department of Justice shall review
the information returned from the Federal Bureau of Investigation
and compile and disseminate a response to the requesting tribal
child welfare agency.

(d) The Department of Justice shall provide a state and federal
level response to a tribal child welfare agency pursuant to
subdivision (m) of Section 11105 of the Penal Code.

(e) A tribal agency shall request from the Department of Justice
subsequent notification service pursuant to Section 11105.2 of the
Penal Code for persons described in paragraph (b).

(f) The Department of Justice may charge a fee sufficient to
cover the reasonable and appropriate costs of processing the request
pursuant to this section.

(g) As used in this section a “tribal agency” means an entity
designated by a federally recognized tribe as authorized to approve
a home consistent with the federal Indian Child Welfare Act (25
U.S.C. 1903 et seq.), for the purpose of placement of an Indian
child into foster or adoptive care, including the authority to conduct
a criminal or child abuse background check of, and grant
exemptions to, an individual who is a prospective foster or adoptive
parent, an adult who resides or is employed in the home of an
applicant for approval, any person who has a familial or intimate
relationship with any person living in the home of an applicant,
or an employee of a tribal child welfare agency who may have
contact with a child.

SEC. 43.  

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.

SEC. 44.  

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.

SEC. 45.  

Section 11170 of the Penal Code is amended to read:

11170.  

(a) (1) The Department of Justice shall maintain an
index of all reports of child abuse and severe neglect submitted
pursuant to Section 11169. The index shall be continually updated
by the department and shall not contain any reports that are
determined to be not substantiated. The department may adopt
rules governing recordkeeping and reporting pursuant to this article.

(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index (CACI) pursuant to paragraph (1). The
submitting agencies are responsible for the accuracy, completeness,
and retention of the reports described in this section. The
department shall be responsible for ensuring that the CACI
accurately reflects the report it receives from the submitting agency.

(3) Only information from reports that are reported as
substantiated shall be filed pursuant to paragraph (1), and all other
determinations shall be removed from the central list. If a person
listed in the CACI was under 18 years of age at the time of the
report, the information shall be deleted from the CACI 10 years
from the date of the incident resulting in the CACI listing, if no
subsequent report concerning the same person is received during
that time period.

(b) The provisions of subdivision (c) of Section 11169 apply to
any information provided pursuant to this subdivision.

(1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting health care practitioner who is treating a person reported
as a possible victim of known or suspected child abuse. The agency
shall make that information available to the reporting child
custodian, Child Abuse Prevention and Treatment Act guardian
ad litem appointed under Rule 5.662 of the California Rules of
Court, or counsel appointed under Section 317 or 318 of the
Welfare and Institutions Code, or the appropriate licensing agency,
if he or she or the licensing agency is handling or investigating a
case of known or suspected child abuse or severe neglect.

(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon
completion of the investigation or after there has been a final
disposition in the matter, shall inform the person required or
authorized to report of the results of the investigation and of any
action the agency is taking with regard to the child or family.

(3) The Department of Justice shall make relevant information
from the CACI available to a law enforcement agency, county
welfare department, tribal agency pursuant to Section 10553.12
of the Welfare and Institutions Code, or county probation
department that is conducting a child abuse investigation.

(4) The department shall make available to the State Department
of Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties,
or to a tribal court or tribal child welfare agency of a tribe,
consortium of tribes, or tribal organization that has entered into
an agreement with the state pursuant to Section 10553.1 of the
Welfare and Institutions Code, information regarding a known or
suspected child abuser maintained pursuant to this section and
subdivision (a) of Section 11169 concerning any person who is an
applicant for licensure or approval, or any adult who resides or is
employed in the home of an applicant for licensure or approval,
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of
the Family Code, or Section 11403.2 of the Welfare and Institutions
Code.

(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a
background investigation of an applicant seeking employment
with the program or a volunteer position as a Court Appointed
Special Advocate, as defined in Section 101 of the Welfare and
Institutions Code, information contained in the index regarding
known or suspected child abuse by the applicant.

(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson’s
designee, for each county child death review team, or the State
Child Death Review Council, information for investigative
purposes only that is maintained in the CACI pursuant to
subdivision (a) relating to the death of one or more children and
any prior child abuse or neglect investigation reports maintained
involving the same victims, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.

(7) The department shall make available to investigative
agencies or probation officers, or court investigators acting
pursuant to Section 1513 of the Probate Code, responsible for
placing children or assessing the possible placement of children
pursuant to Article 6 (commencing with Section 300), Article 7
(commencing with Section 305), Article 10 (commencing with
Section 360), or Article 14 (commencing with Section 601) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, or Article 2 (commencing with Section 1510) or Article 3
(commencing with Section 1540) of Chapter 1 of Part 2 of Division
4 of the Probate Code, information regarding a known or suspected
child abuser contained in the index concerning any adult residing
in the home where the child may be placed, when this information
is requested for purposes of ensuring that the placement is in the
best interest of the child. Upon receipt of relevant information
concerning child abuse or neglect investigation reports contained
in the CACI from the Department of Justice pursuant to this
subdivision, the agency or court investigator shall notify, in writing,
the person listed in the CACI that he or she is in the index. The
notification shall include the name of the reporting agency and the
date of the report.

(8) Pursuant to Section 10553.12 of the Welfare and Institutions
Code, the department shall make available to a tribal agency
information regarding a known or suspected child abuser
maintained pursuant to this section or subdivision (a) of Section
11169 who is being considered as a prospective foster or adoptive
parent, an adult who resides or is employed in the home of an
applicant for approval, any person who has a familial or intimate
relationship with any person living in the home of an applicant,
or an employee of the tribal agency who may have contact with
children.

(9) The Department of Justice shall make available to a
government agency conducting a background investigation
pursuant to Section 1031 of the Government Code of an applicant
seeking employment as a peace officer, as defined in Section 830,
information regarding a known or suspected child abuser
maintained pursuant to this section concerning the applicant.

(10) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as
defined in Section 8515 of the Family Code, conducting a
background investigation, or a government agency conducting a
background investigation on behalf of one of those agencies,
information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any applicant seeking employment or volunteer
status with the agency who, in the course of his or her employment
or volunteer work, will have direct contact with children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect.

(11) (A) Persons or agencies, as specified in subdivision (b),
if investigating a case of known or suspected child abuse or neglect,
or the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate (CASA) program conducting a background investigation
for employment or volunteer candidates pursuant to paragraph (5),
or an investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (9), or a
county child welfare agency or delegated county adoption agency
conducting a background investigation of an applicant seeking
employment or volunteer status who, in the course of his or her
employment or volunteer work, will have direct contact with
children who are alleged to have been, are at risk of, or have
suffered, abuse or neglect, pursuant to paragraph (10), to whom
disclosure of any information maintained pursuant to subdivision
(a) is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or
employment as a peace officer.

(B) If CACI information is requested by an agency for the
temporary placement of a child in an emergency situation pursuant
to Article 7 (commencing with Section 305) of Chapter 2 of Part
1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18
of the Civil Code if compliance would cause a delay in providing
an expedited response to the agency’s inquiry and if further delay
in placement may be detrimental to the child.

(12) (A) Whenever information contained in the Department
of Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), (9), or (10), the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).

(B) All moneys received by the department pursuant to this
section to process trustline applications for purposes of Chapter
3.35 (commencing with Section 1596.60) of Division 2 of the
Health and Safety Code shall be deposited in a special account in
the General Fund that is hereby established and named the
Department of Justice Child Abuse Fund. Moneys in the fund shall
be available, upon appropriation by the Legislature, for expenditure
by the department to offset the costs incurred to process trustline
automated child abuse or neglect system checks pursuant to this
section.

(C) All moneys, other than those described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual
Offender Fund. The funds shall be available, upon appropriation
by the Legislature, for expenditure by the department to offset the
costs incurred pursuant to Chapter 9.5 (commencing with Section
13885) and Chapter 10 (commencing with Section 13890) of Title
6 of Part 4, and the DNA and Forensic Identification Data Base
and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1), and for maintenance and improvements
to the statewide Sexual Habitual Offender Program and the
California DNA offender identification file (CAL-DNA) authorized
by Chapter 9.5 (commencing with Section 13885) of Title 6 of
Part 4 and the DNA and Forensic Identification Data Base and
Data Bank Act of 1998 (Chapter 6 (commencing with Section 295)
of Title 9 of Part 1).

(c) (1) The Department of Justice shall make available to any
agency responsible for placing children pursuant to Article 7
(commencing with Section 305) of Chapter 2 of Part 1 of Division
2 of the Welfare and Institutions Code, upon request, relevant
information concerning child abuse or neglect reports contained
in the index, when making a placement with a responsible relative
pursuant to Sections 281.5, 305, and 361.3 of the Welfare and
Institutions Code. Upon receipt of relevant information concerning
child abuse or neglect reports contained in the index from the
Department of Justice pursuant to this subdivision, the agency
shall also notify in writing the person listed in the CACI that he
or she is in the index. The notification shall include the location
of the original investigative report and the submitting agency. The
notification shall be submitted to the person listed at the same time
that all other parties are notified of the information, and no later
than the actual judicial proceeding that determines placement.

(2) If information is requested by an agency for the placement
of a child with a responsible relative in an emergency situation
pursuant to Article 7 (commencing with Section 305) of Chapter
2 of Part 1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18
of the Civil Code if compliance would cause a delay in providing
an expedited response to the child protective agency’s inquiry and
if further delay in placement may be detrimental to the child.

(d) The department shall make available any information
maintained pursuant to subdivision (a) to out-of-state law
enforcement agencies conducting investigations of known or
suspected child abuse or neglect only when an agency makes the
request for information in writing and on official letterhead, or as
designated by the department, identifying the suspected abuser or
victim by name and date of birth or approximate age. The request
shall be signed by the department supervisor of the requesting law
enforcement agency. The written requests shall cite the out-of-state
statute or interstate compact provision that requires that the
information contained within these reports shall be disclosed only
to law enforcement, prosecutorial entities, or multidisciplinary
investigative teams, and shall cite the safeguards in place to prevent
unlawful disclosure of any confidential information provided by
the requesting state or the applicable interstate compact provision.

(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248), information regarding
a known or suspected child abuser maintained pursuant to
subdivision (a) concerning the prospective foster or adoptive
parent, and any other adult living in the home of the prospective
foster or adoptive parent. The department shall make that
information available only when the out-of-state agency makes
the request indicating that continual compliance will be maintained
with the requirement in paragraph (20) of subsection (a) of Section
671 of Title 42 of the United States Code that requires the state to
have in place safeguards to prevent the unauthorized disclosure of
information in any child abuse and neglect registry maintained by
the state and prevent the information from being used for a purpose
other than the conducting of background checks in foster or
adoption placement cases.

(2) With respect to any information provided by the department
in response to the out-of-state agency’s request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent
conclusions regarding the quality of the evidence disclosed and
its sufficiency for making decisions regarding the approval of
prospective foster or adoptive parents.

(3) (A) Whenever information contained in the index is
furnished pursuant to this subdivision, the department shall charge
the out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).

(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (12)
of subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.

(f) (1) Any person may determine if he or she is listed in the
CACI by making a request in writing to the Department of Justice.
The request shall be notarized and include the person’s name,
address, date of birth, and either a social security number or a
California identification number. Upon receipt of a notarized
request, the Department of Justice shall make available to the
requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible
for obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.

(2) No person or agency shall require or request another person
to furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1).

(g) If a person is listed in the CACI only as a victim of child
abuse or neglect, and that person is 18 years of age or older, that
person may have his or her name removed from the index by
making a written request to the Department of Justice. The request
shall be notarized and include the person’s name, address, social
security number, and date of birth.

SEC. 46.  

Section 319.3 of the Welfare and Institutions Code
is amended to read:

319.3.  

Notwithstanding Section 319, a dependent 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, a short-term
residential treatment center, or in a temporary shelter care facility,
as defined in Section 1530.8 of the Health and Safety Code, only
when the court finds that placement is necessary to secure a
complete and adequate evaluation, including placement planning
and transition time. The placement period shall not exceed 60 days
unless a case plan has been developed and the need for additional
time is documented in the case plan and has been 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.

SEC. 47.  

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 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 that 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 family setting that promotes normal childhood
experiences and 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 normal
childhood experiences 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.

(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.

SEC. 48.  

Section 361.2 is added to the Welfare and Institutions
Code, 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 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, as defined in subdivision (g)
of Section 11400 and paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code, to be placed in a suitable
family home certified or approved by the agency.

(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
and paragraph (18) of subdivision (a) of Section 1502 of the Health
and Safety Code, 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. If the placement is
longer than six months, the placement shall be documented
consistent with paragraph (3) of subdivision (a) of Section 16501.1
and shall be approved by the deputy director or director of the
county child welfare 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 short-term residential treatment center, 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 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.

(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
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 under the jurisdiction 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.

(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 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 that 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 family setting that promotes normal childhood
experiences and 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 normal
childhood experiences 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.

SEC. 49.  

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”
has the same meaning as in paragraph (4) of subdivision (a) of
Section 16501.

(2) In its development of the case plan, the probation agency
shall consider any recommendations of the child and family team,
as defined in paragraph (4) of subdivision (a) of Section 16501.
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) Documentation of the preplacement assessment of the
minor’s and family’s strengths and service needs showing that
preventive services have been provided, and that reasonable efforts
to prevent out-of-home placement have been made. The assessment
shall include 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, and the reasons for that placement
decision, 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 that promotes normal
childhood experiences, in closest proximity to the minor’s home,
that meets the minor’s best interests and special needs.

(d) The 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 certified homes or resource families
of foster family agencies.

(C) Treatment and intensive treatment certified homes or
resource families 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) Although the placement options shall be considered in the
preferential order specified in paragraph (1), the placement of a
child may be with any of these placement settings in order to ensure
the selection of a safe placement setting that is in the child’s best
interests and meets the child’s special needs.

(3) 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 insert

begin insert SEC. 49.5. end insert   

end insert

begin insert Section 706.6 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

706.6.  

begin delete A end delete begin insert (a) end insert begin insert   end insert begin insert 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. end insert

begin insert

(b) (1) For the purposes of this section, “child and family team”
has the same meaning as in paragraph (4) of subdivision (a) of
Section 16501.

end insert begin insert

(2) In its development of the case plan, the probation agency
shall consider any recommendations of the child and family team,
as defined in paragraph (4) of subdivision (a) of Section 16501.
The agency shall document the rationale for any inconsistencies
between the case plan and the child and family team
recommendations.

end insert

begin insert (c) end insert begin insert   end insert begin insert A end insert 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:

begin delete

(a)

end delete

begin insert (1) end insert  A description of the circumstances that resulted in the minor
being placed under the supervision of the probation department
and in foster care.

begin delete

(b) An

end delete

begin insert (2) end insert begin insert   end insert begin insert Docum end insert begin insert entation of the preplacement end insert assessment of the
minor’s and family’s strengths and begin delete needs and end delete begin insert service needs
showing that 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.

begin insert

(3) (A) A description of the type of home or institution in which
the minor is to be placed, and the reasons for that placement
decision, including a discussion of the safety and appropriateness
of the placement, including the recommendations of the child and
family team, if available.

end insert begin delete

(c) A description of the type of home or institution in which the
minor is to be placed, including a discussion of the safety and
appropriateness of the placement.

end delete

begin insert (B) end insert begin insert   end insert An appropriate placement is a placement in the least
restrictive, most family-like begin delete environment, end delete begin insert environment that
promotes normal childhood experiences, end insert in closest proximity to
the minor’s home, that meets the minor’s best interests and special
needs.

begin insert

(d) The following shall apply:

end insert begin insert

(1) The agency selecting a placement shall consider, in order
of priority:

end insert begin insert

(A) Placement with relatives, nonrelated extended family
members, and tribal members.

end insert begin insert

(B) Foster family homes and certified homes or resource families
of foster family agencies.

end insert begin insert

(C) Treatment and intensive treatment certified homes or
resource families of foster family agencies, or multidimensional
treatment foster homes or therapeutic foster care homes.

end insert begin insert

(D) Group care placements in the following order:

end insert begin insert

(i) Short-term residential treatment centers.

end insert begin insert

(ii) Group homes.

end insert begin insert

(iii) Community treatment facilities.

end insert begin insert

(iv) Out-of-state residential treatment pursuant to Part 5
(commencing with Section 7900) of Division 12 of the Family
Code.

end insert begin insert

(2) Although the placement options shall be considered in the
preferential order specified in paragraph (1), the placement of a
child may be with any of these placement settings in order to ensure
the selection of a safe placement setting that is in the child’s best
interests and meets the child’s special needs.

end insert begin insert

(3) 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.

end insert begin delete

(d)

end delete

begin insert (e) end insert  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.

begin delete

(e)

end delete

begin insert (f) end insert  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.

begin delete

(f)

end delete

begin insert (g) end insert  The projected date of completion of the case plan objectives
and the date services will be terminated.

begin delete

(g)

end delete

begin insert (h) end insert  (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.

begin delete

(h)

end delete

begin insert (i) end insert  (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
begin delete out-of-state, end delete begin insert out of state, end insert 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 begin insert of this code end insert
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.

begin delete

(i)

end delete

begin insert (j) end insert  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.

begin delete

(j)

end delete

begin insert (k) end insert  A schedule of visits between the minor and the probation
officer, including a monthly visitation schedule for those children
placed in group homes.

begin delete

(k)

end delete

begin insert (l) end insert  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.

begin delete

(l)

end delete

begin insert (m) end insert  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.

begin delete

(m)

end delete

begin insert (n) end insert begin insert   end insert begin insert (1) end insert  The updated case plan prepared for a permanency
planning hearing shall include a recommendation for a permanent
plan for the minor. begin insert The identified permanent plan for a minor
under 16 years of age shall be return home, adoption, legal
guardianship, or placement with a fit and willing relative. The
case plan shall identify any barriers to achieving legal permanence
and the steps the agency will take to address those barriers. end insert

begin insert (2) end insert begin insert   end insert 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 begin delete arrangement, end delete begin insert arrangement for a minor 16 years
of age or older, end insert 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. begin insert The case plan shall also identify
the intensive and ongoing efforts to return the minor to the home
of the parent, place the minor for adoption, establish a legal
guardianship, or place the minor with a fit and willing relative,
as appropriate. Efforts shall include the use of technology,
including social media, to find biological family members of the
minor. end insert

begin delete

(n)

end delete

begin insert (o) end insert  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.

begin delete

(o)

end delete

begin insert (p) end insert  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.

begin delete

(p)

end delete

begin insert (q) end insert  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
begin delete independent living. end delete begin insert successful adulthood. end insert

SEC. 50.  

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 officer.

(4) It is the sole responsibility pursuant to 42 U.S.C. Section
672(a)(2)(B) 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 any recommendations of the child
and family. The probation agency may place the minor or nonminor
in any of the following:

(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 caregiver were the custodial parent of
the minor.

(B) A foster home, the approved home of a resource family as
defined in Section 16519.5, or a home or facility in accordance
with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.).

(C) A suitable licensed community care facility, as identified
by the probation officer, 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.

(D) A foster family agency, as defined in subdivision (g) of
Section 11400 and 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. Commencing January 1, 2017, the requirements of
Section 11462.01 shall be met.

(E) Commencing January 1, 2017, a minor or nonminor
dependent may be placed in a short-term residential treatment
center as defined in subdivision (ad) of Section 11400 and
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. The placing agency shall also comply with requirements set
forth in paragraph (9) of subdivision (e) of Section 361.2, which
includes, but is not limited to, authorization, limitation on length
of stay, extensions, and additional requirements related to minors.
If the placement is longer than 12 months, the placement shall be
approved by the chief probation officer of the county probation
department, or his or her designee.

(F) (i) Every minor adjudged a ward of the juvenile court 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.

(G) 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.

(5) 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.

(c) 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.

(d) 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), and (c), 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.

SEC. 51.  

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, pursuant to
Section 706.6, shall be based upon selection of a safe setting that
is the least restrictive or most family like, and the most appropriate
setting that meets the individual needs of the minor and is available,
in 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.

SEC. 52.  

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.

(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.

SEC. 53.  

Section begin delete 831 end delete begin insert 832 end insert is added to the Welfare and
Institutions Code, to read:

begin delete 831. end delete
begin insert 832. end insert   

(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 child’s attorney
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 child’s or youth’s
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.

SEC. 54.  

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
seriously emotionally disturbed children 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.

SEC. 55.  

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 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.

(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 seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3.

(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, 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, shall certify that
the child is assessed as seriously emotionally disturbed, as
described in subdivision (a) of Section 5600.3.

(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.

SEC. 56.  

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 Part 4 (commencing with Section
5850) of Division 5 to develop protocols outlining the roles and
responsibilities of placing agencies and short-term residential
treatment centers regarding nonemergency placements of foster
children in certified short-term residential treatment centers or
foster family agencies.

(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 established an 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 program, as specified in Section 11462.01, or a
group home granted an extension pursuant to Section 11462.04,
shall be assessed to determine whether he or she meets the medical
necessity criteria for Medi-Cal specialty mental health Early and
Periodic Screening, Diagnosis, and Treatment services, as the
criteria are described in Section 1830.210 of Title 9 of the
California Code of Regulations, or assessed as seriously
emotionally disturbed, as described in subdivision (a) of Section
5600.3.

(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 treatment center.

(3) Nothing in this subdivision shall prohibit an interagency
placement committee from considering an assessment that was
provided by a licensed mental health professional, as described in
subdivision (g), and that was developed consistent with procedures
established by the county pursuant to paragraph (1).

(f) The interagency placement committee 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 professional, or an otherwise recognized
provider of mental health services, shall certify that the child has
been assessed as meeting the medical necessity criteria for
Medi-Cal specialty mental health Early and Periodic Screening,
Diagnosis, and Treatment services, as the criteria are described in
Section 1830.210 of Title 9 of the California Code of Regulations,
or assessed as seriously emotionally disturbed, as described in
subdivision (a) of Section 5600.3. A “licensed mental health
professional” includes 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.

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

SEC. 57.  

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 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.

(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 established an 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 seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3.

(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 subdivision (g)
of Section 4096, shall certify that the child has been assessed as
seriously emotionally disturbed, as described in subdivision (a) of
Section 5600.3.

(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 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, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 58.  

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 seriously emotionally disturbed, as described in subdivision (a)
of Section 5600.3. 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 County Behavioral Health Directors
Association of California 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.

SEC. 59.  

Section 4096.5 is added to the Welfare and
Institutions Code, to read:

4096.5.  

(a) All short-term residential treatment centers that
operate a mental health program that serves children who have
either been assessed as meeting the medical necessity criteria for
Medi-Cal specialty mental health services under Early and Periodic
Screening, Diagnosis, and Treatment services, as the criteria are
described in Section 1830.20 of Title 9 of the California Code of
Regulations, or who have been assessed as seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3, shall
obtain and have in good standing a mental health certification, as
described in Section 11462.01, issued by the State Department of
Health Care Services or a county mental health plan 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 11462.01.

(b) The State Department of Health Care Services or a county
mental health plan 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 mental health plan 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) The 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.

(d) (1) Except for certification of short-term residential
treatment centers operated by a county, the State Department of
Health Care Services may, upon the request of a county, delegate
to that county mental health plan the certification of short-term
residential treatment center programs 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
mental health plan 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.

(g) Revocation of a license or a mental health certification shall
be a basis for rate termination.

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

SEC. 60.  

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 seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3. 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 County Behavioral Health Directors
Association of California 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 group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04.

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

(h) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 61.  

Section 5600.3 of the Welfare and Institutions Code
is amended to read:

5600.3.  

To the extent resources are available, the primary goal
of the use of funds deposited in the mental health account of the
local health and welfare trust fund should be to serve the target
populations identified in the following categories, which shall not
be construed as establishing an order of priority:

(a) (1) Seriously emotionally disturbed children or adolescents.

(2) For the purposes of this part, “seriously emotionally
disturbed children or adolescents” means minors under the age of
18 years who have a mental disorder as identified in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders, other than a primary substance use disorder or
developmental disorder, which results in behavior inappropriate
to the child’s age according to expected developmental norms.
Members of this target population shall meet one or more of the
following criteria:

(A) As a result of the mental disorder, the child has substantial
impairment in at least two of the following areas: self-care, school
functioning, family relationships, or ability to function in the
community; and either of the following occur:

(i) The child is at risk of removal from home or has already
been removed from the home.

(ii) The mental disorder and impairments have been present for
more than six months or are likely to continue for more than one
year without treatment.

(B) The child displays one of the following: psychotic features,
risk of suicide or risk of violence due to a mental disorder.

(C) The child has been assessed pursuant to Article 2
(commencing with Section 56320) of Chapter 4 of Part 30 of
Division 4 of Title 2 of the Education Code and determined to
have an emotional disturbance, as defined in paragraph (4) of
subdivision (c) of Section 300.8 of Title 34 of the Code of Federal
Regulations.

(b) (1) Adults and older adults who have a serious mental
disorder.

(2) For the purposes of this part, “serious mental disorder”
means a mental disorder that is severe in degree and persistent in
duration, which may cause behavioral functioning which interferes
substantially with the primary activities of daily living, and which
may result in an inability to maintain stable adjustment and
independent functioning without treatment, support, and
rehabilitation for a long or indefinite period of time. Serious mental
disorders include, but are not limited to, schizophrenia, bipolar
disorder, post-traumatic stress disorder, as well as major affective
disorders or other severely disabling mental disorders. This section
shall not be construed to exclude persons with a serious mental
disorder and a diagnosis of substance abuse, developmental
disability, or other physical or mental disorder.

(3) Members of this target population shall meet all of the
following criteria:

(A) The person has a mental disorder as identified in the most
recent edition of the Diagnostic and Statistical Manual of Mental
Disorders, other than a substance use disorder or developmental
disorder or acquired traumatic brain injury pursuant to subdivision
(a) of Section 4354 unless that person also has a serious mental
disorder as defined in paragraph (2).

(B) (i) As a result of the mental disorder, the person has
substantial functional impairments or symptoms, or a psychiatric
history demonstrating that without treatment there is an imminent
risk of decompensation to having substantial impairments or
symptoms.

(ii) For the purposes of this part, “functional impairment” means
being substantially impaired as the result of a mental disorder in
independent living, social relationships, vocational skills, or
physical condition.

(C) As a result of a mental functional impairment and
circumstances, the person is likely to become so disabled as to
require public assistance, services, or entitlements.

(4) For the purpose of organizing outreach and treatment options,
to the extent resources are available, this target population includes,
but is not limited to, persons who are any of the following:

(A) Homeless persons who are mentally ill.

(B) Persons evaluated by appropriately licensed persons as
requiring care in acute treatment facilities including state hospitals,
acute inpatient facilities, institutes for mental disease, and crisis
residential programs.

(C) Persons arrested or convicted of crimes.

(D) Persons who require acute treatment as a result of a first
episode of mental illness with psychotic features.

(5) California veterans in need of mental health services and
who meet the existing eligibility requirements of this section, shall
be provided services to the extent services are available to other
adults pursuant to this section. Veterans who may be eligible for
mental health services through the United States Department of
Veterans Affairs should be advised of these services by the county
and assisted in linking to those services.

(A) No eligible veteran shall be denied county mental health
services based solely on his or her status as a veteran.

(B) Counties shall refer a veteran to the county veterans service
officer, if any, to determine the veteran’s eligibility for, and the
availability of, mental health services provided by the United States
Department of Veterans Affairs or other federal health care
provider.

(C) Counties should consider contracting with community-based
veterans’ services agencies, where possible, to provide high-quality,
veteran specific mental health services.

(c) Adults or older adults who require or are at risk of requiring
acute psychiatric inpatient care, residential treatment, or outpatient
crisis intervention because of a mental disorder with symptoms of
psychosis, suicidality, or violence.

(d) Persons who need brief treatment as a result of a natural
disaster or severe local emergency.

SEC. 62.  

Section 10553.12 of the Welfare and Institutions
Code is amended to read:

10553.12.  

(a) Notwithstanding any other law, a federally
recognized tribe is authorized, but not required, to approve a home
for the purpose of foster or adoptive placement of an Indian child
pursuant to the Federal Indian Child Welfare Act (25 U.S.C. Sec.
1915).

(b) An Indian child, as defined by subdivisions (a) and (b) of
Section 224, that has been removed pursuant to Section 361, from
the custody or his or her parents or Indian custodian may be placed
in a tribally approved home pursuant to Section 1915 of the federal
Indian Child Welfare Act.

(c) To facilitate the availability of tribally approved homes that
have been fully approved in accord with federal law, including
completion of required background checks, a tribal agency may
request from the Department of Justice federal and state summary
criminal history information regarding a prospective foster parent
or adoptive parent, an adult who resides or is employed in the
home of an applicant, any person who has a familial or intimate
relationship with any person living in the home of an applicant,
or an employee of the child welfare agency who may have contact
with children, in accord with subdivision (m) of Section 11105 of
the Penal Code and Child Abuse Central Index Information
pursuant to paragraph (8) of subdivision (b) of Section 11170 of
the Penal Code.

(d) As used in this section, a “tribal agency” means an entity
designated by a federally recognized tribe as authorized to approve
homes consistent with the Indian Child Welfare Act for the purpose
of placement of Indian children, into foster or adoptive care,
including the authority to conduct criminal record and child abuse
background checks of, and grant exemptions to, individuals who
are prospective foster parents or adoptive parents, an adult who
resides or is employed in the home of an applicant for approval,
any person who has a familial or intimate relationship with any
person living in the home of an applicant, or an employee of the
tribal agency who may have contact with children.

(e) A county social worker may place an Indian child in a tribally
approved home without having to conduct a separate background
check, upon certification by the tribal agency of the following:

(1) The tribal agency has completed a criminal record
background check in accord with the standards set forth in Section
1522 of the Health and Safety Code, and a Child Abuse Central
Index Check pursuant to Section 1522.1 of the Health and Safety
Code, with respect to each of the individuals described in
subdivision (c).

(2) The tribal agency has agreed to report to a county child
welfare agency responsible for a child placed in the tribally
approved home, within 24 hours of notification to the tribal agency
by the Department of Justice, of a subsequent state or federal arrest
or disposition notification provided pursuant to Section 11105.2
of the Penal Code involving an individual associated with the
tribally approved home where an Indian child is placed.

(3) If the tribal agency in its certification states that the
individual was granted a criminal record exemption, the
certification shall specify that the exemption was evaluated in
accord with the standards and limitations set forth in paragraph
(1) of subdivision (g) of Section 1522 of the Health and Safety
Code and was not granted to an individual ineligible for an
exemption under that provision.

SEC. 63.  

Section 11253.2 is added to the Welfare and
Institutions Code, to read:

11253.2.  

(a) Notwithstanding any other law, an application
for aid filed on behalf of a child to whom Section 309, 361.45, or
16519.5 applies shall be processed pursuant to an expedited process
as determined by the department in consultation with the counties.

(b) Subdivision (a) shall not apply if the person who applies for
aid on behalf of a child described in subdivision (a) is also an
applicant for or a recipient of benefits under this chapter.

(c) (1) Except as provided in paragraph (2), a person who applies
for aid on behalf of a child described in subdivision (a) shall be
exempt from Chapter 4.6 (commencing with Section 10830) of
Part 2 governing the statewide fingerprint imaging system.

(2) A relative caregiver who is also an applicant for or a recipient
of benefits under this chapter shall comply with the statewide
fingerprint imaging system requirements.

SEC. 64.  

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 a licensed community care
facility, as defined in paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code. 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
nondetention, 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 an approved caregiver, as defined
in subdivision (c) of Section 16519.5.

(af) “Core Services” mean services, made available to children,
youth, and nonminor dependents either directly or secured through
formal agreement with other agencies, which are trauma informed
and culturally relevant as specified in Sections 11462 and 11463.

SEC. 65.  

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) Prior to January 1, 2019, 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) Prior to January 1, 2019, the licensed family home of a
nonrelative.

(2) Prior to January 1, 2019, 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 child or youth 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.

SEC. 66.  

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) Prior to January 1, 2019, 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) Prior to January 1, 2019, 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) Prior to January 1, 2019, the approved home of a nonrelative
extended family member, as described in Section 362.7.

(c) (1) Prior to January 1, 2019, the licensed family home of a
nonrelative.

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

(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 agency, as defined in subdivision
(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code, for placement into a certified
or approved home.

(f) A short-term residential treatment center licensed as a
community care facility, as defined in subdivision (ad) of Section
11400 and paragraph (18) of subdivision (a) of Section 1502 of
the Health and Safety Code.

(g) An out-of-state group home that meets the requirements of
paragraph (2) of subdivision (c) of Section 11460, provided that
the placement worker, in addition to complying with all other
statutory requirements for placing a child or youth 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.

SEC. 67.  

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) Prior to January 1, 2019, 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) Prior to January 1, 2019, the licensed family home of a
nonrelative.

(2) Prior to January 1, 2019, 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) A licensed foster family agency, as defined in subdivision
(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code for placement into a home
certified by the agency as meeting licensing standards.

(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, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 68.  

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.

SEC. 69.  

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.

(3) The department, in consultation with the California State
Foster Parent Association, and other interested stakeholders, shall
provide information to the Legislature, no later than January 1,
2017, regarding the availability and cost for liability and property
insurance covering acts committed by children in care, and shall
make recommendations for any needed program development in
this area.

(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 all of the following:

(A) Submitted a rate application to the department, which shall
include, but not be limited to, both of the following:

(i) Commencing January 1, 2017, the equivalent of the mental
health certification required in Section 4096.5.

(ii) Commencing January 1, 2017, unless granted an extension
from the department pursuant to subdivision (d) of Section
11462.04, the national accreditation required in paragraph (5) of
subdivision (b) of Section 11462.

(B) Maintained a level of financial participation that shall not
exceed any of the following:

(i) The current fiscal year’s standard rate for rate classification
level 14 for a group home.

(ii) Commencing January 1, 2017, the current fiscal year’s rate
for a short-term residential treatment center.

(iii) The rate determined by the ratesetting authority of the state
in which the facility is located.

(C) 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.

SEC. 70.  

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 a family setting
that promotes normal childhood experiences and that serves the
needs of the child, 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 semiannually
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.

SEC. 71.  

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.

SEC. 72.  

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 funding, in consultation
with county placing agencies and providers.

(b) The department shall develop a rate system that includes
consideration of all of the following factors:

(1) Core services, made available to children and nonminor
dependents either directly or secured through formal agreements
with other agencies, which are trauma informed and culturally
relevant and include:

(A) Access to specialty mental health services for children who
meet medical necessity criteria for specialty mental health services
under the Medi-Cal Early and Periodic Screening, Diagnosis, and
Treatment program.

(B) Transition support services for children, youth, and families
upon initial entry and placement changes and for families who
assume permanency through reunification, adoption, or
guardianship.

(C) Educational and physical, behavioral, and mental health
supports, including extracurricular activities and social supports.

(D) Activities designed to support transition-age youth and
nonminor dependents in achieving a successful adulthood.

(E) Services to achieve permanency, including supporting efforts
to reunify or achieve adoption or guardianship and efforts to
maintain or establish relationships with parents, siblings, extended
family members, tribes, or others important to the child or youth,
as appropriate.

(F) When serving Indian children, as defined in subdivisions
(a) and (b) of Section 224.1, the core services described in
paragraphs (A) to (E), inclusive, which shall be provided to eligible
children consistent with active efforts pursuant to Section 361.7.

(G) (i) Facilitating the identification and, as needed, the
approval of resource families pursuant to Section 16519.5, for the
purpose of transitioning children and youth to family-based care.

(ii) If a short-term residential treatment center elects to approve
and monitor resource families directly, the center shall comply
with all laws applicable to foster family agencies, including, but
not limited to, those set forth in the Community Care Facilities
Act (Chapter 3 (commencing with Section 1500) of Division 2 of
the Health and Safety Code).

(iii) For short-term residential treatment centers that elect to
approve and monitor resource families directly, the department
shall have all the same duties and responsibilities as those centers
have for licensed foster family agencies, as set forth in applicable
law, including, but not limited to, those set forth in the Community
Care Facilities Act (Chapter 3 (commencing with Section 1500)
of Division 2 of the Health and Safety Code).

(2) The core services specified in subparagraphs (A) to (G),
inclusive, of paragraph (1) are not intended to duplicate services
already available to foster children in the community, but to support
access to those services and supports to the extent they are already
available. Those services and supports may include, but are not
limited to, foster youth services available through county offices
of education, Indian Health Services, or school-based
extra-curricular activities.

(3) Specialized and intensive treatment supports that encompass
the elements of nonmedical care and supervision necessary to meet
a child’s or youth’s safety and other needs that cannot be met in
a family-based setting.

(4) Staff training.

(5) Health and Safety Code requirements.

(6) Accreditation that includes:

(A) Provision for all licensed short-term residential treatment
centers to obtain and maintain in good standing accreditation from
a nationally recognized accreditation agency, as identified by the
department, with expertise in programs for children or 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.

(7) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.

(8) 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. The state agencies shall
attempt to minimize duplicative audits and reviews to reduce the
administrative burden on providers.

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

SEC. 73.  

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,
2019, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2019, deletes or extends that date.

SEC. 74.  

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 seriously emotionally
disturbed children 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 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 is
seriously emotionally disturbed 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
seriously emotionally disturbed children who are 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 of 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 be seriously emotionally disturbed,
as described in subdivision (a) of Section 5600.3 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 be seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3, 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 seriously
emotionally disturbed, as described in subdivision (a) of Section
5600.3, 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 seriously emotionally disturbed, as described in
subdivision (a) of Section 5600.3, and subject to Section 1502.4
of the Health and Safety Code, by a licensed mental health
professional, as defined in subdivision (g) of Section 4096.

(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 seriously
emotionally disturbed, as described in subdivision (a) of Section
5600.3, subject to Section 1502.4 of the Health and Safety Code,
by a licensed mental health professional, as defined in subdivision
(g) of Section 4096.

(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.

SEC. 75.  

Section 11462.01 is added to the Welfare and
Institutions Code, to read:

11462.01.  

(a) A short-term residential treatment center, as
defined in subdivision (ad) of Section 11400 and paragraph (18)
of subdivision (a) of Section 1502 of the Health and Safety Code,
may have a program that is certified by the State Department of
Health Care Services or by a county mental health plan to which
the department has delegated certification authority, pursuant to
Section 4096.5, or a program that is not certified, or both. A
short-term residential treatment center shall accept for placement
children who meet all of the following criteria, subject to the other
requirements of subdivisions (b) and (c):

(1) The child does not require inpatient care in a licensed health
facility.

(2) The child has been assessed as requiring the level of services
provided in a short-term residential treatment center in order to
maintain the safety and well-being of the child or others due to
behaviors, including those resulting from traumas, that render the
child or those around the child unsafe or at risk of harm, 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.

(3) The child meets at least one of the following conditions:

(A) The child has been assessed as meeting the medical necessity
criteria for Medi-Cal specialty mental health Early and Periodic
Screening, Diagnosis, and Treatment Services, 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 seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3.

(C) The child has been assessed as requiring the level of services
provided in order to meet his or her behavioral or therapeutic needs.
In appropriate circumstances, this may include any of the
following:

(i) A commercially sexually exploited child.

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

(iii) A juvenile sex offender.

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

(b) A short-term residential treatment center program that is
certified by the State Department of Health Care Services, or by
a county mental health plan to which the department has delegated
certification authority, pursuant to Section 4096.5, shall solely
accept for placement, and provide access to mental health services
to, children who meet the criteria in paragraphs (1) and (2) of
subdivision (a), and meet the conditions of subparagraph (A) or
(B) of paragraph (3) of subdivision (a), or both of those
subparagraphs. Mental health services are provided directly by the
certified program.

(c) A short-term residential treatment center program that is not
certified pursuant to Section 4096.5 begin delete may end delete begin insert shall solely end insert accept for
placement in that program a child who meets the criteria in
paragraphs (1) and (2) of subdivision (a), and meets the conditions
of subparagraph (A), (B), or (C) of paragraph (3) of subdivision
(a), or any combination of those subparagraphs. A child who meets
the conditions of subparagraphs (A) and (B) of paragraph (3) of
subdivision (a) may be accepted for placement, if the interagency
placement committee determines that a short-term residential
treatment facility that is not certified has a program that meets the
specific needs of the child and there is a commonality of needs
with the other children in the short-term residential treatment
center. In this situation, the short-term residential treatment center
shall do either of the following:

(1) In the case of a child who is a Medi-Cal beneficiary, arrange
for the child to receive specialty mental health services from the
county mental health plan.

(2) In all other cases, arrange for the child to receive mental
health services.

(d) A foster family agency, as defined in subdivision (g) of
Section 11400 and paragraph (4) of subdivision (a) of Section 1502
of the Health and Safety Code, may have a program that is certified
by the State Department of Health Care Services, or by a county
mental health plan to which the department has delegated
certification authority, pursuant to Section 1810.435 or 1810.436
of Title 9 of the California Code of Regulations, or a program that
is not certified, or both. A program, subject to subdivisions (e) and
(f), shall provide access to mental health services to the children.
A foster family agency, depending on whether or not it has a
certified program, shall provide access to mental health services
to children who do not require inpatient care in a licensed health
facility and who meet any one or more 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
benefit, as the criteria are described in Section 1830.210 of Title
9 of the California Code of Regulations.

(2) A child who has been assessed as seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3.

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

(e) A foster family agency that is certified as a provider pursuant
to Section 1810.435 or 1810.436 of Title 9 of the California Code
of Regulations by the State Department of Health Care Services,
or by a county mental health plan to which the department has
delegated certification authority, shall provide access to mental
health services directly to children in its program who do not
require inpatient care in a licensed health facility and who meet
the conditions of paragraph (1) or (2) of subdivision (d).

(f) A foster family agency that is not certified as described in
subdivision (e) may provide access to mental health services in
that program for children who do not require inpatient care in a
licensed health facility and who meet the conditions of paragraphs
(1) and (2) of subdivision (d). In this situation the foster family
agency shall do the following:

(1) In the case of a child who is a Medi-Cal beneficiary, have
written interagency protocols in place to arrange for specialty
mental health services from the county mental health plan or an
organizational provider, as defined in Section 1810.231 of Title 9
of California Code of Regulations.

(2) In all other cases, arrange for the child to receive mental
health services.

(g) All short-term residential treatment centers and foster family
agencies that operate a certified program shall maintain the level
of care and services necessary to meet the needs of the children
and youth in their care and shall maintain and have in good
standing the appropriate mental health certification issued by the
State Department of Health Care Services or a county mental health
plan to which the department has delegated certification authority,
pursuant to Section 4096.5 of this code or Section 1810.435 or
1810.436 of Title 9 of the California Code of Regulations.

(h) The assessments described in subparagraphs (A) and (B) of
paragraph (3) of subdivision (a) and paragraphs (1) and (2) of
subdivision (d), shall be made by all of the following, as applicable:

(1) An interagency placement committee, as described in Section
4096, considering the recommendations from the child and family
team, if any are available.

(2) A licensed mental health professional as defined in
subdivision (g) of Section 4096.

(3) For the purposes of this section, an AFDC-FC funded child
with 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 that assesses the
child as seriously emotionally disturbed, 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 assessment requirement.

(4) For the purposes of this section, and only for placement into
a foster family agency, an AFDC-FC funded child assessed
pursuant to subdivision (b) of Section 706.6 or paragraph (2) of
subdivision (c) of Section 16501.1, in consultation with a mental
health professional, as defined in subdivision (g) of Section 4096.5,
shall be deemed to have met the assessment requirement.

(i) The assessments described in subparagraph (C) of paragraph
(3) of subdivision (a) and paragraph (3) of subdivision (d) shall
be made pursuant to subdivision (b) of Section 706.6 or paragraph
(2) of subdivision (c) of Section 16501.1.

(j) (1) The provider shall ensure that AFDC-FC funded children,
assessed pursuant to subparagraphs (A) and (B) of paragraph (3)
of subdivision (a) or paragraphs (1) and (2) of subdivision (d),
who are accepted for placement have been approved for placement
by an interagency placement committee, as described in Section
4096, except as provided for in paragraphs (3) and (4) of
subdivision (h).

(2) The approval shall be in writing and shall indicate that the
interagency placement committee has determined all of the
following:

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

(B) The child is seriously emotionally disturbed, as described
in subdivision (a) of Section 5600.3.

(C) Subject to Section 1502.4 of the Health and Safety Code,
the child needs the level of care provided by the program.

(3) (A) Nothing in subdivisions (a) to (i), inclusive, or this
subdivision shall prevent an emergency placement of a child or
youth into a certified short-term residential treatment center or
foster family agency program prior to the determination by the
interagency placement committee, but only if a licensed mental
health professional, as defined in subdivision (g) of Section 4096,
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 certified short-term residential treatment center
or foster family agency.

(i) 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.

(ii) 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.

(iii) If it determines the placement is not appropriate, the
interagency placement committee shall respond pursuant to
subparagraph (B).

(B) If the interagency placement committee determines at any
time that the placement is not appropriate, it shall, with
recommendations from the child and family team, transmit the
disapproval, in writing, to the county placing agency and the
short-term residential treatment center or foster family agency,
and the child or youth shall be referred to an appropriate placement,
as specified in this section.

(k) Commencing January 1, 2017, for AFDC-FC funded children
or youth, only those children or youth who are approved for
placement, as set forth in this section, may be accepted by a
short-term residential treatment center or foster family agency.

(l) The department shall, through regulation, establish
consequences for the failure of a short-term residential treatment
center, or a foster family agency, to obtain written approval for
placement of an AFDC-FC funded child or youth pursuant to this
section.

(m) The department shall not establish a rate for a short-term
residential treatment center or foster family agency 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.

(n) Any certified short-term residential treatment center or foster
family agency 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 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 (g).

(o) 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 may 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, or one of its programs, the team shall transmit the
disapproval, in writing, to the county placing agency to consider
a more appropriate placement.

(p) 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.

(q) (1) Nothing in this section shall prohibit a short-term
residential treatment center or foster family agency 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 be seriously emotionally disturbed, as
described in subdivision (a) of Section 5600.3, and subject to
Section 1502.4 of the Health and Safety Code, by a licensed mental
health professional, as defined in subdivision (g) of Section 4096.

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

SEC. 76.  

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 seriously emotionally disturbed, as described in
subdivision (a) of Section 5600.3, 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 of 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 is seriously emotionally disturbed, as
described in subdivision (a) of Section 5600.3, 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 seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3, 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 of
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 be seriously
emotionally disturbed, as described in subdivision (a) of Section
5600.3, 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 be seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3, 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 seriously emotionally disturbed, as described in
subdivision (a) of Section 5600.3, and subject to Section 1502.45
of the Health and Safety Code, by a licensed mental health
professional, as defined in subdivision (g) of Section 4096.

(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 seriously
emotionally disturbed, as described in subdivision (a) of Section
5600.3, and subject to Section 1502.45 of the Health and Safety
Code, by a licensed mental health professional, as defined in
subdivision (g) of Section 4096.

(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,
2019, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2019, deletes or extends that date.

SEC. 77.  

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.

SEC. 78.  

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
defined respectively in subdivisions (g) and (ad) of Section 11400,
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 (d) of
Section 1506.1 and subdivision (d) 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.

SEC. 79.  

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, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 80.  

Section 11462.022 is added to the Welfare and
Institutions Code, to read:

11462.022.  

(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.

SEC. 81.  

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.

SEC. 82.  

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 two years,
through December 31, 2018, except as provided in paragraph (2),
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.

(2) Pursuant to Section 11462.041, the department may grant
an extension to a group home beyond December 31, 2018, upon
a provider submitting a written request and the county probation
department providing documentation stating that absent the grant
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 resource families necessary to meet
the needs of probation youth. The extension granted to any provider
through this section may be reviewed annually by the department
if concerns arise regarding that provider’s facility. Pursuant to
subdivision (e) of Section 11462.041, the final report submitted
to the Legislature shall address whether or not the extensions are
still necessary.

(3) The exception shall allow the provider to continue to receive
the rate under the prior ratesetting system.

(4) A provider granted an extension pursuant to this section
shall continue to operate and be governed by the applicable laws
and regulations that were operative on December 31, 2018.

(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.

SEC. 83.  

Section 11462.041 is added to the Welfare and
Institutions Code, to read:

11462.041.  

(a) The Legislature recognizes that group homes
are one of the primary placement options utilized by probation
departments to avoid inappropriate housing of youth in a detention
hall, more so since the 2007 realignment of most juvenile offenders
from state supervision to county supervision. In order to further
improve outcomes for these youth, targeted efforts will be required
at the state and local levels to create sufficient capacity in
home-based family care and in short-term residential treatment
centers in order to serve these youth safely in the least restrictive,
family-based settings, whenever possible. This increased capacity
is needed in both the number of related and unrelated family-based
caregivers, in the caregivers’ ability to meet the needs of probation
youth, and in the services and supports available to these
caregivers. Additionally, there must be sufficient capacity in
short-term residential treatment centers to meet the needs of
probation youth and ensure public safety.

(b) To meet the capacity needs described in subdivision (a),
commencing on January 1, 2016, county probation departments
shall do all of the following:

(1) Work with group home providers to develop short-term
residential treatment center programs that meet the treatment needs
of probation supervised youth in foster care.

(2) Work with foster family agencies and other
community-based organizations to develop strategies to recruit,
retain, and support specialized foster homes for probation youth.

(3) Work with the department on strategies to identify, engage,
and support relative caregivers.

(4) Work with the department to define probation youth outcome
measures to be collected and analyzed to assess implementation
of this act.

(c) To support the activities described in subdivision (b),
commencing on January 1, 2016, the department, in consultation
with the Chief Probation Officers of California, shall do all of the
following:

(1) Work with providers, courts, and county probation
departments to develop capacity for home-based family care.

(2) Work with short-term residential treatment centers and foster
family agencies to address the treatment needs of specific probation
populations, including, but not limited to, sex offenders, youth
with gang affiliations, youth who currently are placed out of state,
and youth with mental illness.

(3) Develop appropriate rate structures to support probation
foster youth in home-based family care.

(4) Identify strategies to address the systemic challenges specific
to small and rural counties in meeting the needs of probation foster
youth in need of placement or treatment services.

(5) Provide technical assistance to existing group home providers
interested in serving probation youth during the transition to the
short-term residential treatment center or foster family agency
models outlined in this act.

(6) Provide technical assistance related to implementation of
this section to any requesting county probation department.

(d) Beginning January 1, 2018, the department, in consultation
with the Chief Probation Officers of California, shall assess the
capacity and quality of placement options for probation youth in
foster care, including home-based family care and short-term
residential treatment centers. This assessment shall include:

(1) The number and type of placement options.

(2) Whether short-term residential treatment centers have
developed programming tailored to address the propensity of
probation youth to run away.

(3) The degree to which foster family agencies,
community-based service providers, and county probation
departments have developed the programs and services necessary
to recruit, retain, and support foster families and relative caregivers
serving foster youth supervised by probation departments.

(4) Any need for additional training and technical assistance to
be provided to short-term residential treatment centers or foster
family agency providers.

(e) The department, in consultation with the Chief Probation
Officers of California and the counties, shall provide an interim
report, pursuant to Section 9795 of the Government Code, to the
Legislature no later than January 10, 2019, and a final report,
pursuant to Section 9795 of the Government Code, to the
Legislature no later than January 10, 2021, which shall include the
number of youth served in home-based family care, in short-term
residential treatment centers, and in group homes, characteristics
of youth in these placement types, and whether there is a continued
need for probation placement in group homes. The reports also
shall provide recommendations on any further technical assistance
and training, if needed, to facilitate county probation departments,
county child welfare departments, DSS, and providers in
strengthening the continuum of care for justice-involved youth.

SEC. 84.  

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.

SEC. 85.  

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 funding, in
consultation with county placing agencies.

(b) The department shall develop a payment system for foster
family agencies that provide 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 services, made available to children and nonminor
dependents either directly or secured through formal agreements
with other agencies, which are trauma informed and culturally
relevant and include:

(A) Specialty mental health services for children who meet
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) Transition support services for children, youth, and families
upon initial entry and placement changes and for families who
assume permanency through reunification, adoption, or
guardianship.

(C) Educational and physical, behavioral, and mental health
supports, including extracurricular activities and social supports.

(D) Activities designed to support transition-age youth and
nonminor dependents in achieving a successful adulthood.

(E) Services to achieve permanency, including supporting efforts
to reunify or achieve adoption or guardianship and efforts to
maintain or establish relationships with parents, siblings, extended
family members, tribes, or others important to the child or youth,
as appropriate.

(F) When serving Indian children, as defined in subdivisions
(a) and (b) of Section 224.1, the core services specified in
subparagraphs (A) to (E), inclusive, shall be provided to eligible
children consistent with active efforts pursuant to Section 361.7.

(G) The core services specified in subparagraphs (A) to (F),
inclusive, are not intended to duplicate services already available
to foster children in the community, but to support access to those
services and supports to the extent already available. Those services
and supports may include, but are not limited to, foster youth
services available through county offices of education, Indian
Health Services, and school-based extracurricular activities.

(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) (i) Children and youth assessed as seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3,
including those 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 of
the Education Code.

(ii) Children 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) 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. The state agencies shall attempt to
minimize duplicative audits and reviews to reduce the
administrative burden on providers.

(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.

SEC. 86.  

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.

(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
placed 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.

SEC. 87.  

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 two years,
through December 31, 2018, 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, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 88.  

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.

SEC. 89.  

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.

SEC. 90.  

Section 11466.2 of the Welfare and Institutions Code
is amended to read:

11466.2.  

(a) (1) The department shall perform or have
performed group home program and fiscal audits as needed. Group
home programs shall maintain all child-specific, programmatic,
personnel, fiscal, and other information affecting group home
ratesetting and AFDC-FC payments for a period not less than five
years.

(2) Notwithstanding paragraph (1), the department shall not
establish an overpayment based upon a nonprovisional program
audit conducted on less than a one-year audit period.

(3) Notwithstanding paragraph (2), the department may conduct
audits covering a period of less than 12 months. Based upon the
findings of these audits, the department may reduce a group home
program’s AFDC-FC rate or RCL pursuant to this paragraph.

(A) In an audit of a period of less than 12 months, if a provider’s
audited RCL is no more than three levels below the paid RCL, the
provider’s rate and RCL will be reduced to the audited RCL. The
provider will be allowed the opportunity to bring a program into
compliance with the paid RCL.

(B) In an audit of a period of less than 12 months, if the
provider’s audited RCL is more than three levels below the paid
RCL, the department shall conduct an audit as identified in
paragraph (2) of subdivision (a) of Section 11466.2. The provider
will be allowed the opportunity to bring a program into compliance
with the paid RCL.

(C) For audit purposes, when 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.

(D) 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.

(b) (1) The department shall develop regulations to correct a
group home program’s RCL, and to adjust the rate and to recover
any overpayments resulting from an overstatement of the projected
level of care and services.

(2) The department shall modify the amount of the overpayment
pursuant to paragraph (1) in cases where the level of care and
services provided per child in placement equals or exceeds the
level associated with the program’s RCL. In making this
modification, the department shall determine whether services
other than child care supervision were provided to children in
placement in an amount that is at least proportionate, on a per child
basis, to the amount projected in the group home’s rate application.
In cases where these services are provided in less than a
proportionate amount, staffing for child care supervision in excess
of its proportionate share shall not be substituted for nonchild care
supervision staff hours.

(c) (1) In any audit conducted by the department, the
department, or other public or private audit agency with which the
department contracts, shall coordinate with the department’s
licensing and ratesetting entities so that a consistent set of
standards, rules, and auditing protocols are maintained. The
department, or other public or private audit agency with which the
department contracts, shall make available to all group home
providers, in writing, any standards, rules, and auditing protocols
to be used in those audits.

(2) The department shall provide exit interviews with providers
whenever deficiencies found are explained and the opportunity
exists for providers to respond. The department shall adopt
regulations specifying the procedure for the appeal of audit
findings.

(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.

SEC. 91.  

Section 11466.2 is added to the Welfare and
Institutions Code, to read:

11466.2.  

(a) (1) The department shall perform or have
performed provider program and fiscal audits as needed. Provider
programs shall maintain all child-specific, programmatic,
personnel, fiscal, and other information affecting ratesetting and
AFDC-FC payments for a period of not less than five years.

(2) A provider may request a hearing of the department’s audit
determination under this section no later than 30 days after the
date the department issues its audit determination. The
department’s audit determination shall be final if the 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 audit 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.

(b) The department shall develop regulations to correct a
program’s audit findings, adjust the rate, and recover any
overpayments resulting from an overstatement of the projected
level of care and services and other audit findings.

(c) (1) In any audit conducted by the department, the
department, or other public or private audit agency with which the
department contracts, shall coordinate with the department’s
licensing and ratesetting entities so that a consistent set of
standards, rules, and auditing protocols are maintained. The
department, or other public or private audit agency with which the
department contracts, shall make available to all providers, in
writing, any standards, rules, and auditing protocols to be used in
those audits.

(2) The department shall provide exit interviews with providers,
whenever deficiencies are found, in which those deficiencies may
be explained and permit providers an opportunity to respond. The
department shall adopt regulations specifying the procedure for
the appeal of audit findings.

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

SEC. 92.  

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, a short-term residential treatment
center, and other similar business entities providing foster care,
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, all-county letter, or similar
written instructions.

(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 annually submit
to the department a financial audit on its most recent fiscal period.
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 expenditures and 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,
with audit designation, who have no direct or indirect relationship
with the functions or activities being audited, or with the provider,
its board of directors, or other governing body, 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, 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 to the department of an acceptable
financial audit.

(3) 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).

(4) Repeated late financial audits may result in monetary
penalties or termination of the provider’s rate as set forth in
regulation, all-county letter, or similar written directive by the
department.

(c) The department shall issue a management decision letter on
audit findings within six months of receipt of the financial audit
report. The management decision letter shall clearly state whether
or not the audit finding is sustained, the reasons for the decision,
and the action or actions expected of the nonprofit organization
provider to repay disallowed costs, make financial adjustments,
or take other action.

SEC. 93.  

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, 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,
including, but not limited to, the provider failing to maintain a
license, or failing to maintain its status as a nonprofit organization,
or due to an overpayment determined as described in paragraph
(1) of subdivision (d). If a provider receives a rate 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 pursuant to Section 11466.21, a department audit conducted
pursuant to Section 11466.2, a management decision letter, or a
provider self-reporting an overpayment. A self-reported
overpayment may include a finding in the financial audit report
submitted by the provider whether that finding is formally made
in the financial audit report or discovered through department
review of the report or other provider submission.

(2) If a 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 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 consider, at the discretion of the director, renegotiation of a
voluntary 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 consider, at the discretion of the
director, renegotiation of an involuntary payment agreement if the
director determines that the agreement would cause severe harm
to children in placement.

(e) The department shall maintain, by regulation , all-county
letter, or similar written directive, a procedure for recovery of any
provider sustained overpayments. The department 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. The department may
also deny rate requests, including requests for rate increases, or
program changes or expansions, while an overpayment is due.

(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.

SEC. 94.  

Section 11466.25 of the Welfare and Institutions
Code is amended to read:

11466.25.  

Interest begins to accrue on a provider overpayment
or penalty on the date of the issuance of the penalty or the final
audit report, or the date the final audit report is sustained, the date
of the issuance of a management decision letter in accordance with
Section 11466.21, or the date that a provider self-reports an
overpayment.

SEC. 95.  

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 11466.22.

(b) The department shall charge simple interest on the voluntary
repayment agreement in accordance with paragraph (3) of
subdivision (d) of Section 11466.22.

SEC. 96.  

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.

(c) Failure to repay an overpayment shall be grounds for
termination of the provider’s rate and shall result in a referral to
the department’s Community Care Licensing Division for license
revocation.

SEC. 97.  

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 or program change or expansion, 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.

SEC. 98.  

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 a 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 formal hearing is requested, the provider has not
submitted a voluntary repayment agreement with the first payment,
and 60 days have elapsed from the notice of audit results.

(2) The provider has not submitted a voluntary repayment
agreement along with the first payment, 30 days have elapsed after
an adverse appeal decision by a hearing officer sustaining an
overpayment, and that decision has been adopted by the department
or is effective by operation of law.

(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.

SEC. 99.  

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.

SEC. 100.  

Section 11466.35 of the Welfare and Institutions
Code is amended to read:

11466.35.  

(a) Any licensee or member of a governing board
of a nonprofit 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.

SEC. 101.  

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 is failing to provide services in accordance with
the standards associated with its paid rate or in accordance with
its program statement.

(3) A provider with an outstanding sustained overpayment incurs
a second sustained overpayment, and is unable to repay the
sustained overpayments.

(4) A provider has a sustained overpayment that represents 100
percent of a provider’s annual rate reimbursement.

(5) A provider has a sustained overpayment and has failed to
timely submit its payments on more than three occasions in a
12-month period.

(b) This chapter shall not be construed to affect the department’s
authority under other provisions of law for collection of provider
sustained overpayments.

SEC. 102.  

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.

SEC. 103.  

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, the rate adjusted by an audit, or a determination
made in a management decision letter may request in writing an
appeal by the director or the director’s designee. The department
shall maintain, by regulation, all-county letter, or similar written
directive, procedures for the departmental appeal process.

SEC. 104.  

Section 11468 of the Welfare and Institutions Code
is amended to read:

11468.  

The department shall establish and maintain
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.

SEC. 105.  

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 family setting promoting
normal childhood experiences that is suited to meet the child’s or
youth’s individual needs, 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 child or 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.

SEC. 106.  

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

(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 insert

begin insert SEC. 106.1. end insert   

end insert

begin insert Section 16003 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

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 begin delete care. end delete begin insert care, including, but not limited
to, the information described in subdivision (d) of Section 16501.4. end insert

(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
the begin delete California Student Safety and Violence Prevention Act of 2000
(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

(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:

begin delete

(1) Age-appropriate child development.

end delete begin insert

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

end insert

(2) Health issues in foster begin delete care. end delete begin insert care, including, but not limited
to, the information described in subdivision (d) of Section 16501.4. end insert

(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
the begin delete California Student Safety and Violence Prevention Act of 2000
(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

(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.

begin insert

(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.

end insert

begin insert

begin insert SEC. 106.2. end insert   

end insert

begin insert Section 16003 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

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 begin delete training to the end delete
begin insert training, pursuant to Sections 1522.44 and 1529.2 of the Health
and Safety Code, to the end insert relative or nonrelative extended family
member caregiver into whose care the county has placed a foster
begin delete child pursuant to Section 1529.2 of the Health and Safety Code,
including, but end delete begin insert child. The training shall include, but is end insert 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
begin delete the California Student Safety and Violence Prevention Act of 2000
(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 insert

(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of
the child in age or developmentally appropriate activities, as set
forth in Section 1522.44 of the Health and Safety Code.

end insert

(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:

begin delete

(1) Age-appropriate child development.

end delete begin insert

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

end insert

(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
begin delete the California Student Safety and Violence Prevention Act of 2000
(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 insert

(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of
the child in age or developmentally appropriate activities, as set
forth in Section 1522.44 of the Health and Safety Code.

end insert

(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.

begin insert

(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.

end insert

begin insert

begin insert SEC. 106.3. end insert   

end insert

begin insert Section 16003 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

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 begin delete training to the end delete
begin insert training, pursuant to Sections 1522.44 and 1529.2 of the Health
and Safety Code, to the end insert relative or nonrelative extended family
member caregiver into whose care the county has placed a foster
begin delete child pursuant to Section 1529.2 of the Health and Safety Code,
including, but end delete begin insert child. The training shall include, but is end insert 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 begin delete care. end delete begin insert care, including, but not limited
to, the information described in subdivision (d) of Section 16501.4. end insert

(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
the begin delete California Student Safety and Violence Prevention Act of 2000
(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 insert

(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of
the child in age or developmentally appropriate activities, as set
forth in Section 1522.44 of the Health and Safety Code.

end insert

(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:

begin delete

(1) Age-appropriate child development.

end delete begin insert

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

end insert

(2) Health issues in foster begin delete care. end delete begin insert care, including, but not limited
to, the information described in subdivision (d) of Section 16501.4. end insert

(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
the begin delete California Student Safety and Violence Prevention Act of 2000
(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 insert

(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of
the child in age or developmentally appropriate activities, as set
forth in Section 1522.44 of the Health and Safety Code.

end insert

(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.

begin insert

(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.

end insert

SEC. 107.  

Section 16003.5 is added to the Welfare and
Institutions Code, to read:

16003.5.  

(a) Any state funding allocated to counties for the
purpose of recruiting, retaining, and supporting foster parents,
relative caregivers, and resource families shall be used to increase
the capacity and use of home-based family care and the provision
of services and supports to such caregivers. Allowable expenditures
of those funds shall include, but not be limited to, and shall be
used to supplement and not supplant, resources used by a county
for any of the following purposes:

(1) Staffing to provide and improve direct services and supports
to licensed foster family homes, approved resource families, and
relative caregivers, and to remove any barriers in those areas
defined as priorities in the county implementation plan and
subsequent reports on outcomes.

(2) Exceptional child needs not covered by the caregiver-specific
rate that would normalize the child’s experience, stabilize the
placement, or enhance the child’s well-being.

(3) Child care for licensed foster parents, approved resource
families, and relative caregivers.

(4) Intensive relative finding, engagement, and navigation
efforts.

(5) Emerging technological, evidence-informed, or other
nontraditional approaches to outreach to potential foster family
homes, resource families, and relatives.

(b) (1) The department shall provide available funding to
counties based upon its approval of plans submitted by each county
that requests funding described in subdivision (a). Each county
plan shall be submitted by September 1 of any year in which
funding is available. Each county plan shall include all of the
following:

(A) A definition of the specific goal or goals related to
increasing the capacity and use of home-based family care and the
provision of services and supports to such caregivers that the
county intends to achieve.

(B) A description of the strategy or strategies the county
proposes to pursue to address the goal or goals identified in
subparagraph (A).

(C) An explanation or rationale for the proposed strategy or
strategies relative to the goal or goals identified in subparagraph
(A).

(D) A list or description of the outcomes that shall be reported
pursuant to subdivision (c), including baseline data for those
outcomes.

(2) The department shall develop, following consultation with
the County Welfare Directors Association of California and the
Chief Probation Officers of California, criteria for the approval of
county plans submitted pursuant to paragraph (1).

(c) As a condition of accepting state funding described in
subdivision (a), counties receiving that funding shall, by September
30 of the year following the end of the fiscal year in which the
funding was available, report to the department the outcomes
achieved through the use of that funding and the activities that
contributed to those outcomes. This report from each receiving
county shall be made in a manner prescribed by the department,
following consultation with the County Welfare Directors
Association of California and the Chief Probation Officers of
California. Using these reports, the department shall share best
practices among counties and shall periodically update the
Legislature.

(d) Funding for the purposes of this section shall be subject to
an appropriation by the Legislature.

SEC. 108.  

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 consistent with paragraph (1) of subdivision (d) of Section
16501.1. 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 group of individuals who
are convened by the placing agency and who are engaged through
a variety of team-based processes to identify the strengths and
needs of the child or youth and his or her family, and to help
achieve positive outcomes for safety, permanency, and well-being.

(A) The activities of the team shall include, but not be limited
to, both of the following:

(i) Providing input into the development of a child and family
plan that is strengths-based, needs-driven, and culturally relevant.

(ii) Providing input into the placement decision made by the
placing agency and the services to be provided in order to support
the child or youth.

(B) The child and family team process shall engage the child
or youth, the child’s family, and other people important to the
family or to the child or youth in meeting the objectives set forth
in subparagraph (A). The child and family team shall also include
representatives who provide formal supports to the child or youth
and family when appropriate, including, but not limited to, the
caregiver, the placing agency caseworker, a representative from a
foster family agency or short-term residential treatment center with
which a child or youth is placed, a county mental health
representative, a representative from the regional center when the
child is eligible for regional center service, 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 other
formal supports, such as substance use disorder treatment
professionals and educational professionals, 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. Any party
to the child’s case who is represented by an attorney may consult
with his or her attorney regarding this process. The child or youth
and his or her family may request specific persons to be included
on the child and family team. Nothing shall preclude another
agency serving the child or youth from convening a team in
collaboration with the placing agency.

(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 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. 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 insert

begin insert SEC. 108.5. end insert   

end insert

begin insert Section 16501 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

16501.  

(a)  begin insert (1) end insert begin insert   end insert As used in this chapter, “child welfare services”
means public social services begin delete which end delete begin insert that end insert are directed toward the
accomplishment of any or all of the following purposes: protecting
and promoting the welfare of all children, including begin delete handicapped, end delete
begin insert disabled, end insert 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.

begin delete

“Child

end delete

begin insert (2) end insert begin insert   end insert begin insert “Child end insert 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.

begin insert

(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 consistent with paragraph (1) of subdivision (d) of Section
16501.1. 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.

end insert begin insert

(4) “Child and family team” means a group of individuals who
are convened by the placing agency and who are engaged through
a variety of team-based processes to identify the strengths and
needs of the child or youth and his or her family, and to help
achieve positive outcomes for safety, permanency, and well-being.

end insert begin insert

(A) The activities of the team shall include, but not be limited
to, both of the following:

end insert begin insert

(i) Providing input into the development of a child and family
plan that is strengths-based, needs-driven, and culturally relevant.

end insert begin insert

(ii) Providing input into the placement decision made by the
placing agency and the services to be provided in order to support
the child or youth.

end insert begin insert

(B)  The child and family team process shall engage the child
or youth, the child’s family, and other people important to the
family or to the child or youth in meeting the objectives set forth
in subparagraph (A). The child and family team shall also include
representatives who provide formal supports to the child or youth
and family when appropriate, including, but not limited to, the
caregiver, the placing agency caseworker, a representative from
a foster family agency or short-term residential treatment center
with which a child or youth is placed, a county mental health
representative, a representative from the regional center when the
child is eligible for regional center service, 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 other
formal supports, such as substance use disorder treatment
professionals and educational professionals, 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. Any party
to the child’s case who is represented by an attorney may consult
with his or her attorney regarding this process. The child or youth
and his or her family may request specific persons to be included
on the child and family team. Nothing shall preclude another
agency serving the child or youth from convening a team in
collaboration with the placing agency.

end insert begin delete

(1)

end delete

begin insert (5) end insert  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.

begin delete

(2)

end delete

begin insert (6) end insert  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.

begin delete

(3)

end delete

begin insert (7) end insert  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). begin delete Each county shall
use available private child welfare resources prior to developing
new county-operated resources when the private child welfare
resources are of at least equal quality and lesser or equal cost as
compared with county-operated resources. end delete 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)  begin insert (1) end insert begin insert   end insert 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, begin delete or long-term foster care, end delete
begin insert placement with a fit and willing relative, or continued foster care
placement, end insert and, as needed, shall include supportive transition
services to nonminor dependents, as described in subdivision (v)
of Section 11400.

begin insert

(2) For purposes of this section, “another planned permanent
living arrangement” means a permanent plan ordered by the court
for a child 16 years of age or older or a nonminor dependent, when
there is a compelling reason or reasons to determine that it is not
in the best interest of the child or nonminor dependent to return
home, be placed for adoption, be placed for tribal customary
adoption in the case of an Indian child, or be placed with a fit and
willing relative. Placement in a group home, or, on and after
January 1, 2017, a short-term residential treatment facility, shall
not be the identified permanent plan for any child or nonminor
dependent.

end insert

(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 begin delete which end delete begin insert that end insert 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.

SEC. 109.  

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 agency shall consider the recommendations of the child
and family team, as defined in paragraph (4) of subdivision (a) of
Section 16501, if any are available. 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. Preplacement
services may include intensive mental health services in the home
or a community setting and the reasonable efforts made to prevent
out-of home placement.

(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 family setting that promotes normal childhood
experiences and the most appropriate setting that meets the child’s
individual needs and is available, in proximity to the parent’s home,
in 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 family homes, resource families, 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 short-term intensive treatment center 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, 2017, a child and family team meeting as
defined in Section 16501 shall be convened 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 family setting that promotes normal
childhood experiences.

(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 or short-term
residential treatment center placement is being considered for a
nonminor dependent, the group home or short-term residential
treatment center 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 family setting that promotes normal
childhood experiences, 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 placement 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 family setting that promotes normal
childhood experiences, 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 placement 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 considering the
recommendations of begin insert the end insert 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) 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 dependent 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, or may seek that
information from the child and family team, 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 insert

begin insert SEC. 109.5. end insert   

end insert

begin insert Section 16501.1 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

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.

begin insert

(3) The agency shall consider the recommendations of the child
and family team, as defined in paragraph (4) of subdivision (a) of
Section 16501, if any are available. The agency shall document
the rationale for any inconsistencies between the case plan and
the child and family team recommendations.

end insert begin insert

(b) (1) A case plan shall be based upon the principles of this
section and the input from the child and family team.

end insert begin delete

(b) (1) A

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert case plan shall begin delete be based upon the principles of this
section and shall end delete 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. begin insert Preplacement services
may include intensive mental health services in the home or a
community setting and the reasonable efforts made to prevent
out-of- end insert begin insert home placement. end insert

begin delete

(2)

end delete

begin insert (3) end insert  In determining the reasonable services to be offered or
provided, the child’s health and safety shall be the paramount
concerns.

begin delete

(3)

end delete

begin insert (4) end insert  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.

begin delete

(4)

end delete

begin insert (5) end insert  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.

begin delete

(5)

end delete

begin insert (6) end insert  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.

begin insert

(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.

end insert begin delete

(c) (1) If out-of-home placement is used to attain case plan
goals, the case plan

end delete

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert The case plan end insert 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 begin delete or most familylike end delete begin insert family setting that promotes
normal childhood experiences end insert and the most appropriate setting
that begin delete is available and in close end delete begin insert meets the child’s individual needs
and is available, in end insert proximity to the parent’s home, begin insert in end insert 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,
begin insert and end insert tribal begin delete members, and end delete begin insert members; end insert foster family homes, begin insert resource
families, and nontreatment end insert certified homes of foster family
begin delete agencies, intensive treatment end delete begin insert agencies; followed by treatment and
intensive treatment certified homes of foster family agencies; end insert or
multidimensional treatment foster care begin delete homes, group care
placements, such as group homes and end delete begin insert homes or therapeutic foster
care homes; group care placements in the order of short-term
residential treatment centers, group homes, end insert community treatment
facilities, and begin insert out-of-state end insert residential treatment pursuant to begin delete Section
7950 of end delete begin insert Part 5 (commencing with Section 7900) of Division 12 of end insert
the Family Code.

(2) If a begin delete group care end delete begin insert short-term intensive treatment center end insert
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.

begin insert

(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.

end insert begin insert

(B) After January 1, 2017, a child and family team meeting as
defined in Section 16501 shall be convened 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 family setting that promotes
normal childhood experiences.

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 begin delete independent living. end delete begin insert successful
adulthood. end insert If admission to, or continuation in, a group home begin insert or
short-term residential treatment center end insert placement is being
considered for a nonminor dependent, the group home begin insert or
short-term residential treatment center end insert 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 begin delete independent living. end delete begin insert successful adulthood. end insert The case
plan shall specify the treatment strategies that will be used to
prepare the nonminor dependent for discharge to a less restrictive
begin delete and more familylike setting, end delete begin insert family setting that promotes normal
childhood experiences, end insert 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 begin insert placement end insert remains in the best interests of the
nonminor dependent and that progress is being made in achieving
case plan goals leading to begin delete independent living. end delete begin insert successful adulthood. end insert
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 begin delete and more
familylike setting end delete begin insert family setting that promotes normal childhood
experiences, end insert 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 begin insert placement end insert 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.

begin delete

(d)

end delete

begin insert (e) end insert  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
begin delete Services Case end delete begin insert Services/Case end insert Management System begin insert (CWS/CMS) end insert to
account for the 60-day timeframe for preparing a written case plan.

begin delete

(e)

end delete

begin insert (f) end insert  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.

begin delete

(f)

end delete

begin insert (g) end insert  The case plan shall be developed begin insert considering the
recommendations of the child and family team, end insert 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)  begin delete Effective January 1, 2010, a end delete begin insert A end insert 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 begin insert of this code end insert 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)  begin insert (A) end insert begin insert   end insert If the case plan has as its goal for the child a permanent
plan of adoption or begin delete placement in another permanent home, end delete begin insert legal
guardianship, end insert 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, begin insert or end insert a
legal guardian, begin delete or in another planned permanent living
arrangement; end delete 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. begin insert Regardless of whether the
child has been freed for adoption, documentation shall include a
description of any barriers to achieving legal permanence and the
steps the agency will take to address those barriers. end insert If the plan is
for kinship guardianship, the case plan shall document how the
child meets the kinship guardianship eligibility requirements.

begin insert

(B) When the child is 16 years of age or older and is in another
planned permanent living arrangement, the case plan shall identify
the intensive and ongoing efforts to return the child to the home
of the parent, place the child for adoption, place the child for tribal
customary adoption in the case of an Indian child, establish a legal
guardianship, or place the child nonminor dependent with a fit
and willing relative, as appropriate. Efforts shall include the use
of technology, including social media, to find biological family
members of the child.

end insert begin insert

(16) (A) (i) For a child who is 14 or 15 years of age, the case
plan shall include 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 successful
adulthood. The description may be included in the document
described in subparagraph (A) of paragraph (18).

end insert begin delete

(16) (A)

end delete

begin insert (ii) end insert  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 begin delete independent living, end delete
begin insert successful adulthood, end insert 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) begin insert of end insert 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 begin insert dependent end insert 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 begin delete 16 end delete begin insert 14 end insert 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.

begin insert

(17) For youth 14 years of age or older and nonminor
dependents, the case plan shall be developed in consultation with
the youth. At the youth’s option, the consultation may include up
to two members of the case planning team who are chosen by the
youth and who are not foster parents of, or caseworkers for, the
youth. The agency, at any time, may reject an individual selected
by the youth to be a member of the case planning team if the agency
has good cause to believe that the individual would not act in the
youth’s best interest. One individual selected by the youth to be a
member of the case planning team may be designated to be the
youth’s adviser and advocate with respect to the application of
the reasonable and prudent parent standard to the youth, as
necessary.

end insert begin insert

(18) For youth in foster care 14 years of age and older and
nonminor dependents, the case plan shall include both of the
following:

end insert begin insert

(A) A document that describes the youth’s rights with respect
to education, health, visitation, and court participation, the right
to be annually provided with copies of his or her credit reports at
no cost while in foster care pursuant to Section 10618.6, and the
right to stay safe and avoid exploitation.

end insert begin insert

(B) A signed acknowledgment by the youth that he or she has
been provided a copy of the document and that the rights described
in the document have been explained to the youth in an
age-appropriate manner.

end insert begin insert

(19) The case plan for a child or nonminor dependent who is,
or who is at risk of becoming, the victim of commercial sexual
exploitation, shall document the services provided to address that
issue.

end insert begin delete

(g)

end delete

begin insert (h) end insert  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.

begin delete

(h)

end delete

begin insert (i) end insert  The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare begin delete Services Case end delete begin insert Service/Case end insert
Management System begin insert (CWS/CMS) end insert is implemented on a statewide
basis.

begin delete

(i)

end delete

begin insert (j) end insert  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.

begin delete

(j)

end delete

begin insert (k) end insert  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.

begin delete

(k) 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

end delete

begin insert (l) end insert begin insert   end insert begin insert Each county shall ensure that the total number of visits made
by end insert caseworkers on a monthly basis begin delete by October 1, 2011, end delete begin insert to children
in foster care during a federal fiscal year is not less than 95 percent
of the total number of those visits that would occur if each child
were visited once every month while in care end insert and that the majority
of the visits occur in the residence of the child. The begin delete plan shall
include any end delete begin insert county child welfare and probation departments shall
comply with end insert data reporting requirements begin insert that the department deems end insert
necessary to comply with the begin delete provisions of the end delete federal Child and
Family Services Improvement Act of 2006 (Public Law begin delete 109-288). end delete
begin insert 109-288) and the federal Child and Family Services Improvement
and Innovation Act of 2011 (Public Law 112-34). end insert

(l) 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.

SEC. 110.  

Section 16514 of the Welfare and Institutions Code
is amended to read:

16514.  

(a) A minor or nonminor who has been voluntarily
placed, adjudged a dependent child of the juvenile court pursuant
to Section 300, or as to whom a petition has been filed under
Section 325, may be housed in an emergency shelter or, pursuant
to the procedures for placement set forth in this code, placed in a
foster family home, a resource family home, or with a foster family
agency for subsequent placement in a suitable licensed foster
family home or certified family home, with minors adjudged wards
of the juvenile court pursuant to Section 601.

(b) A minor who has been voluntarily placed, adjudged a
dependent child of the juvenile court pursuant to Section 300, or
adjudged a ward of the juvenile court pursuant to Section 601,
shall not be housed in an emergency shelter with any minor
adjudged a ward of the juvenile court pursuant to Section 602.

(c) A minor or nonminor who has been voluntarily placed,
adjudged a dependent child of the juvenile court pursuant to Section
300, or as to whom a petition has been filed under Section 325, or
a nonminor dependent, as described in subdivision (v) of Section
11400, shall not be placed or detained in a short-term residential
treatment center, group home or licensed foster family home, a
resource family home, a certified family home, or an approved
resource family or foster family agency, or, beginning January 1,
2017, a short-term residential treatment center, with any minor
adjudged a ward of the juvenile court pursuant to Section 601 or
602, unless the social worker or probation officer with placement
authority has determined that the placement setting has a program
that meets the specific needs of the minor or nonminor dependent
being placed or detained, and there is a commonality of needs with
the other minors and nonminor dependents in the placement setting.

(d) Nothing in this section shall transfer or eliminate the
responsibility of the placing agency for the care, custody, or control
of the child. Nothing in this section shall relieve a foster family
agency of its responsibilities for or on behalf of a child placed with
it.

For purposes of this section, the placing of children or nonminor
dependents by foster family agencies shall be referred to as
“subsequent placement” to distinguish the activity from the placing
by public agencies.

SEC. 111.  

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
begin delete agency end delete begin insert agency, as defined in subdivision (g) of Section 11400 of
this code, and paragraph (4) of subdivision (a) of Section 1502 of
the Health and Safety Code, end insert determines to have successfully met
both the home environment assessment 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 provide a family setting that
promotes normal childhood experiences 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 approval means that the applicant
successfully meets the home environment assessment and
permanency assessment standards. 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.

(5) Notwithstanding paragraphs (1) to (4), inclusive, the
department or county may cease any further review of an
application if the applicant has had a previous application denial
within the preceding year, or if the applicant has had a previous
rescission, revocation, or exemption denial or rescission by the
department or county within the preceding two years. However,
the department or county may continue to review an application
if it has determined that the reasons for the previous denial,
rescission, or revocation were due to circumstances and conditions
that either have been corrected or are no longer in existence. If an
individual was excluded from a resource family home or facility
licensed by the department, the department or county shall cease
review of the individual’s application unless the excluded
individual has been reinstated pursuant to Section 11522 of the
Government Code. The cessation of review shall not constitute a
denial of the application for purposes of this section or any other
law.

(d) Prior to implementation of this program, the department
shall adopt standards pertaining to the home environment and
permanency assessments of a resource family.

(1) Resource family home environment assessment standards
shall include, but not be limited to, all of the following:

(A) (i) Criminal records clearance of all adults residing in, or
regularly present in, the home, and not exempted from
fingerprinting, as set forth in subdivision (b) of Section 1522 of
the Health and Safety Code, pursuant to Section 8712 of the Family
Code, utilizing a check of the Child Abuse Central Index (CACI),
and receipt of a fingerprint-based state and federal criminal
offender record information search response. The criminal history
information shall include subsequent begin delete state and federal arrest and
disposition end delete 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) 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 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.

begin insert

(iv) For public foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized.

end insert begin insert

(v) For private foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized, but the Department of Justice shall disseminate
a fitness determination resulting from the federal criminal offender
record information search.

end insert

(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 environment assessment 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 environment that serves the needs
of the child.

(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) (i) The applicant shall complete a psychosocial assessment,
which shall include the results of a risk assessment.

(ii) A caregiver risk assessment shall include, but shall not be
limited to, physical and mental health, alcohol and other substance
use and abuse, family and domestic violence, and the factors listed
in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).

(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
successfully completed the home environment assessment 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 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 applying as a resource family 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 environment assessment 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 approval of the
resource family has been completed.

(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 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 approval.

(6) Adopting and requiring the use of standardized
documentation for the home environment and permanency
assessments 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.

(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.

(10) Implementing due process procedures, including all of the
following:

(A) Providing a statewide fair hearing process for denials,
rescissions, or exclusion actions.

(B) Amending the department’s applicable state hearing
procedures and regulations or using the Administrative Procedure
Act, when applicable, as necessary for the administration of the
program.

(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 approval
and utilizing standardized documentation established by the
department.

(4) Ensuring staff have the education and experience necessary
to complete the home environment and psychosocial assessments
competently.

(5) (A) Taking the following actions, as applicable:

(i) Approving or denying resource family applications.

(ii) Rescinding approvals of resource families.

(iii) Excluding a resource family parent or other individual from
presence in a resource family home, consistent with the established
standard.

(iv) 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 from physical or
mental abuse, abandonment, or any other substantial threat to
health or safety, consistent with the established standard.

(B) Providing a resource family parent, applicant, or excluded
individual requesting review of that decision with due process
pursuant to the department’s statutes, regulations, and written
directives.

(C) Notifying the department of any decisions denying a
resource family’s application or rescinding the approval of a
resource family, excluding an individual, or taking other
administrative action.

(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.

(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 conduct the
home environment or psychosocial assessments.

(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 resource family applicants and 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 requirements and other topics within
the foster care system.

(13) Ensuring that a resource family applicant completes a
minimum of 12 hours of preapproval training. The training shall
include, but not be limited to, all of the following courses:

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

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

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

(D) Health issues in foster care.

(E) Accessing services and supports to address education needs,
physical, mental, and behavioral health, and substance use
disorders, including culturally relevant services.

(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, and related best practices for providing
adequate care for children or youth across diverse ethnic and racial
backgrounds, as well as children or youth identifying as lesbian,
gay, bisexual, or transgender.

(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, well-being, and education needs of children.

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

(K) The role of resource families, including working
cooperatively with the child welfare or probation agency, the
child’s family, and other service providers implementing the case
plan.

(L) The role of a 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 provide a family setting that promotes
normal childhood experiences and that serves the needs of the
child.

(N) An overview of the specialized training identified in
subdivision (h).

(14) Ensuring approved resource families complete a minimum
of eight training hours annually, a portion of which shall be from
one or more of the topics listed in paragraph (13).

(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:

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

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

(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 prescribed psychotropic
medications.

(4) Understanding the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
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.

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

(6) Understanding how to use best practices for providing care
and supervision to children with special health care needs.

(7) Understanding the different permanency options and the
services and benefits associated with the options.

(i) 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.

(j) (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.

(k) 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.

(l) 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 environment
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 (g) of Section
1522 of the Health and Safety Code.

(m) (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
psychosocial 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.

(n) 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.

(o) 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 (s) and (t), 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.

(p) 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.

(q) Except as provided, approved 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.

(r) (1) Early implementation counties shall be authorized to
continue through December 31, 2016. The program shall be
implemented by each county on or before January 1, 2017.

(2) No later than July 1, 2017, each county shall provide the
following information to all licensed foster family homes and all
approved relatives and nonrelative extended family members:

(A) A detailed description of the resource family approval
program.

(B) Notification that, in order to care for a foster child, resource
family approval is required by December 31, 2019.

(C) Notification that a foster family home license and an
approval of a relative or nonrelative extended family member shall
be forfeited by operation of law as provided for in paragraph (4).

(3) By no later than January 1, 2018, the following shall apply
to all licensed foster family homes and approved relative and
nonrelative extended family members:

(A) A licensed foster family home, and an approved relative or
nonrelative extended family member with an approved adoptive
home study completed prior to January 1, 2018, shall be deemed
to be an approved resource family.

(B) A licensed foster family home, and an approved relative or
nonrelative extended family member who had a child in placement
at any time, for any length of time, between January 1, 2017, and
December 31, 2017, inclusive, may be approved as a resource
family on the date of successful completion of a psychosocial
assessment pursuant to subparagraph (B) of paragraph (2) of
subdivision (d).

(C) A county may provide supportive services to all licensed
foster family home providers, relatives, and nonrelative extended
family members with a child in placement to assist with the
resource family transition and to minimize placement disruptions.

(4) All foster family licenses and approvals of a relative or
nonrelative extended family member shall be forfeited by operation
of law on December 31, 2019, except as provided in this paragraph:

(A) All licensed foster family homes that did not have a child
in placement at any time, for any length of time, between January
1, 2017, and December 31, 2017, inclusive, shall forfeit the license
by operation of law on January 1, 2018.

(B) For foster family home licensees and approved relatives or
nonrelative extended family members who have a pending resource
family application on December 31, 2019, the foster family home
license or relative and nonrelative extended family member
approval shall be forfeited by operation of law on the date of
approval as a resource family. If approval is denied, forfeiture by
operation of law shall occur on the date of completion of any
proceedings required by law to ensure due process.

(s) 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 or a short-term residential treatment
center pursuant to subdivision (b) of Section 11462 shall require
applicants and resource families to meet the resource family
approval standards and requirements set forth in this chapter and
in the written directives adopted pursuant to this chapter prior to
approval and in order to maintain approval.

(t) Commencing January 1, 2016, the department may establish
participation conditions, and select and authorize foster family
agencies that voluntarily submit implementation plans and revised
plans of operation in accordance with requirements established by
the department, to approve resource families in lieu of certifying
foster homes.

(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.

(2) A participating foster family agency shall implement the
resource family approval program pursuant to Section 1517 of the
Health and Safety Code.

(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.

(4) The department may adjust the foster family agency
AFDC-FC rate pursuant to Section 11463 for implementation of
this subdivision.

SEC. 112.  

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.

SEC. 113.  

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.

SEC. 114.  

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 Act (Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code).

SEC. 115.  

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, upon request, only to bona fide
professional foster parent organizations and to professional
organizations educating foster parents, including the Foster and
Kinship Care Education Program of the California Community
Colleges.

(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.

SEC. 116.  

Section 16519.6 is added to the Welfare and
Institutions Code, to read:

16519.6.  

(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 department,
except as otherwise provided in this section.

(c) The procedures set forth in 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
to matters set before the Office of Administrative Hearings, 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 department, 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 on the department or county 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.

SEC. 117.  

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.

SEC. 118.  

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.

SEC. 119.  

Section 18254 is added to the Welfare and
Institutions Code, to read:

18254.  

(a) (1) 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.

(2) 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.

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

SEC. 120.  

Section 18987.72 of the Welfare and Institutions
Code is amended to read:

18987.72.  

(a) In order to obtain knowledge and experience
with which to inform the process of developing and implementing
the plan for residentially based services, required by Section
18987.7, the department shall encourage counties and private
nonprofit agencies to develop voluntary agreements to test
alternative program design and funding models for transforming
existing group home programs into residentially based services
programs in order to meet the diverse needs of children or youth
and families in the child welfare, juvenile justice, and mental health
systems.

(b) (1) With the approval of the department, any counties
participating in the federal Title IV-E waiver capped allocation
demonstration project pursuant to Section 18260, at their option,
and two other counties may enter into and implement voluntary
agreements with private nonprofit agencies to transform all or part
of an existing group home program into a residentially based
services program.

(2) If one or more counties participating in the federal Title
IV-E waiver capped allocation demonstration project opts not to
enter into a voluntary agreement pursuant to this chapter, the
department may select one or more nonwaiver counties. The
department may approve up to four counties to participate in the
voluntary agreements pursuant to this section.

(3) The department shall select participating counties, based on
letters of interest submitted to the department from counties, in
consultation with the California Alliance of Child and Family
Services and the County Welfare Directors Association.

(c) Voluntary agreements by counties and nonprofit agencies
shall satisfy all of the following requirements:

(1) Incorporate and address all of the components and elements
for residentially based services described in the “Framework for
a New System for Residentially-Based Services in California.”

(2) Reflect active collaboration among the private nonprofit
agency that will operate the residentially based services program
and county departments of social services, mental health, or
juvenile justice, alcohol and drug programs, county offices of
education, or other public entities, as appropriate, to ensure that
children, youth, and families receive the services and support
necessary to meet their needs.

(3) Provide for an annual evaluation report, to be prepared
jointly by the county and the private nonprofit agency. The
evaluation report shall include analyses of the outcomes for
children and youth, including achievement of permanency, average
lengths of stay, and rates of entry and reentry into group care. The
evaluation report shall also include analyses of the involvement
of children or youth and their families, client satisfaction, the use
of the program by the county, the operation of the program by the
private nonprofit agency, payments made to the private nonprofit
agency by the county, actual costs incurred by the nonprofit agency
for the operation of the program, and the impact of the program
on state and county AFDC-FC program costs. The county shall
send a copy of each annual evaluation report to the director, and
the director shall make these reports available to the Legislature
upon request.

(4) Permit amendments, modifications, and extensions of the
agreement to be made, with the mutual consent of both parties and
with approval of the department, based on the evaluations described
in paragraph (3), and on the experience and information acquired
from the implementation and the ongoing operation of the program.

(5) Be consistent with the county’s system improvement plan
developed pursuant to the California Child Welfare Outcomes and
Accountability System.

(d) (1) Upon a county’s request, the director may waive child
welfare regulations regarding the role of counties in conjunction
with private nonprofit agencies operating residentially based
services programs to enhance the development and implementation
of case plans and the delivery of services in order to enable a
county and a private nonprofit agency to implement an agreement
described in subdivision (b). Nothing in this section shall be
construed to supersede the requirements set forth in subdivision
(c) of Section 16501.

(2) Notwithstanding Sections 11460 and 11462, or any other
law or regulation governing payments under the AFDC-FC
program, upon the request of one or more counties, and in
accordance with the voluntary agreements as described in
subdivision (b), the director may also approve the use of up to a
total of five alternative funding models for determining the method
and level of payments that will be made under the AFDC-FC
program to private nonprofit agencies operating residentially based
services programs in lieu of using the rate classification levels and
schedule of standard rates provided for in Section 11462. These
alternative funding models may include, but shall not be limited
to, the use of cost reimbursement, case rates, per diem or monthly
rates, or a combination thereof. An alternative funding model shall
do all of the following:

(A) Support the values and goals for residentially based services,
including active child and family involvement, permanence,
collaborative decisionmaking, and outcome measurement.

(B) Ensure that quality care and effective services are delivered
to appropriate children or youth at a reasonable cost to the public.

(C) Ensure that payment levels are sufficient to permit the
private nonprofit agencies operating residentially based services
programs to provide care and supervision, social work activities,
parallel predischarge community-based interventions for families,
and followup postdischarge support and services for children and
their families, including the cost of hiring and retaining qualified
staff.

(D) Facilitate compliance with state requirements and the
attainment of federal and state performance objectives.

(E) Control overall program costs by providing incentives for
the private nonprofit agencies to use the most cost-effective
approaches for achieving positive outcomes for the children or
youth and their families.

(F) Facilitate the ability of the private nonprofit agencies to
access other available public sources of funding and services to
meet the needs of the children or youth placed in their residentially
based services programs, and the needs of their families.

(G) Enable the combination of various funding streams
necessary to meet the full range of services needed by foster
children or youth in residentially based services programs, with
particular reference to funding for mental health treatment services
through the Medi-Cal Early and Periodic Screening, Diagnosis,
and Treatment program.

(H) Maximize federal financial participation, and mitigate the
loss of federal funds, while ensuring the effective delivery of
services to children or youth and families, and the achievement of
positive outcomes.

(I) Provide for effective administrative oversight and
enforcement mechanisms in order to ensure programmatic and
fiscal accountability.

(3) A waiver granted by the director pursuant to paragraph (1),
or an approval of an alternative funding model pursuant to
paragraph (2), shall be applicable only to the development,
implementation, and ongoing operation of a residentially based
services program and related county activities provided under the
terms of the agreement and for the duration of the agreement, and
shall be granted only when all of the following apply:

(A) The agreement promises to offer a worthwhile test related
to the development, implementation, and ongoing operation of a
residentially based services program as described in this chapter.

(B) Existing regulatory provisions or the existing AFDC-FC
payment requirements, or both, impose barriers for the effective,
efficient, and timely implementation of the agreement.

(C) The requesting county proposes to monitor the agreement
for compliance with the terms of the waiver or the alternative
funding model, or both.

(D) Notwithstanding any change to payments made to group
homes under Section 11462, the department may pay higher
AFDC-FC payments for children and youth who are enrolled in a
residentially based services program, to be offset by cost
efficiencies achieved through shorter lengths of stay in foster care,
or a reduction of reentries into foster care, as a result of providing
predischarge support and postdischarge services to the children or
youth and their families. Any upfront costs for this project shall
be offset by other program savings identified by the department,
to ensure that there are no net General Fund costs in each fiscal
year.

(e) In addition to the requirements set forth in subdivision (c),
the voluntary agreements shall do all of the following:

(1) Provide that, to the extent that some of the care, services,
and other activities associated with a residentially based services
program operated under an agreement described in subdivision
(b) are not eligible for federal financial participation as foster care
maintenance payments under Part E (commencing with Section
470) of Title IV of the federal Social Security Act (42 U.S.C. Sec.
670 et seq.), but may be eligible for federal financial participation
as administration or training, or may be eligible for federal financial
participation under other programs, including, but not limited to,
Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396
et seq.), the appropriate state departments shall take measures to
obtain that federal funding.

(2) Provide that, prior to approving any waiver or alternative
funding model pursuant to subdivision (d), the director shall make
a determination that the design of the residentially based services
program to be operated under the agreement described in
subdivision (b) would ensure the health and safety of children or
youth to be served.

(f) Agreements entered into pursuant to this section shall
terminate on or before January 1, 2017, or may be extended until
January 1, 2019, upon approval by the department, on a
case-by-case basis, unless a later enacted statute extends or removes
this limitation.

(g) The department shall report during the legislative budget
hearings on the status of any county agreements entered into
pursuant to subdivision (b), and on the development of statewide
residentially based services programs. This report shall be
submitted with the recommendations made pursuant to Section
11461.2.

SEC. 121.  

Notwithstanding the provisions of this act, on and
after January 1, 2017, facilities with licensed capacity of 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.

SEC. 122.  

The State Department of Social Services, State
Department of Education, and special education local plan area
(SELPA) directors shall work together to address the funding
formula currently based in part on the State Department of Social
Services rate classification level system. The rate classification
level for group homes set by the State Department of Social
Services shall sunset pursuant to this act. Section 56836.165 of
the Education Code takes into account the rate classification level
in Section 11462 of the Welfare and Institutions Code in setting
its severity rating for purposes of its bed allowances. Prior to the
sunset of the rate classification level, the departments and SELPA
directors shall work together to develop an alternative basis for its
bed allowance formula.

SEC. 123.  

(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 act through all-county
letters or similar written instructions until regulations are adopted.

SEC. 124.  

The State Department of Social Services shall
provide periodic progress updates to the Legislature on the
implementation of this act.

SEC. 125.  

The State Department of Social Services shall work
with counties that operate shelters, probation agencies, homeless
shelter providers, residential education providers, and others as
determined by the department 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.

SEC. 126.  

(a) In order to accomplish the goals set forth in this
act, the State Department of Social Services shall work with
stakeholders, including other state departments, such as the State
Department of Health Care Services, legislative staff, counties,
and advocates, to address critical issues in the initial and ongoing
implementation of this act. This work with stakeholders shall
include the development of timelines and key milestones for
implementation of this act, including a process to monitor progress.
This work shall also include, but not be limited to, the identification
of major implementation tasks and action steps, monitoring
achievements, and developing recommendations for addressing
issues that arise during implementation. The department, in
consultation with the stakeholder groups, shall measure and track
changes in the numbers of out-of-home placements that are
available to county placing agencies, including the geographic
distribution of providers. The State Department of Health Care
Services and the State Department of Social Services, as
appropriate, shall also measure and track, in consultation with
stakeholders, the availability and utilization of services, including,
but not limited to, medical and behavioral health and child welfare
services for children in out-of-home placements.

(b) The stakeholder process described in subdivision (a) may
include the convening of a large workgroup or smaller workgroups
that would address specific subject areas that may include, but are
not limited to, the following:

(1) Rate development for short-term residential treatment
centers, foster family agencies, and other caregivers across the
continuum of care.

(2) Assessments.

(3) Retention and recruitment of home-based family caregivers.

(4) Availability of core services, including specialty mental
health services, across placement types.

(5) Meeting the needs of special populations within the child
welfare system.

(6) The mental health certification process.

(7) Simplification of the licensure and approval process for
resource families.

(8) Outcomes, accountability measures, and data collection.

SEC. 127.  

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. 128.  

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.

end delete

begin insert

begin insert SEC. 128. end insert   

end insert begin insert

(a) Section 6.5 of this bill incorporates amendments
to Section 1502 of the Health and Safety Code proposed by both
this bill and Senate Bill 524. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 1502 of the Health and Safety
Code, and (3) this bill is enacted after Senate Bill 524, in which
case Section 6 of this bill shall not become operative.

end insert begin insert

(b) Section 18.5 of this bill incorporates amendments to Section
1522.41 of the Health and Safety Code proposed by both this bill
and Senate Bill 238. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 1522.41 of the Health and Safety
Code, and (3) this bill is enacted after Senate Bill 238, in which
case Section 18 of this bill shall not become operative.

end insert begin insert

(c) Sections 23.5 and 24.5 of this bill incorporate statutory
changes to Section 1529.2 of the Health and Safety Code proposed
by both this bill and Senate Bill 238. They shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2016, (2) each bill makes changes to Section
1529.2 of the Health and Safety Code, and (3) this bill is enacted
after Senate Bill 238, in which case Sections 23 and 24 of this bill
shall not become operative.

end insert begin insert

(d) Section 31.5 of this bill incorporates amendments to Section
1536 of the Health and Safety Code proposed by both this bill and
Senate Bill 484. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 1536 of the Health and Safety Code, and
(3) this bill is enacted after Senate Bill 484, in which case Section
31 of this bill shall not become operative.

end insert begin insert

(e) Section 36.5 of this bill incorporates amendments to Section
1548 of the Health and Safety Code proposed by both this bill and
Assembly Bill 1387. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 1548 of the Health and Safety Code,
and (3) this bill is enacted after Assembly Bill 1387, in which case
Section 36 of this bill shall not become operative.

end insert begin insert

(f) Section 49.5 of this bill incorporates amendments to Section
706.6 of the Welfare and Institutions Code proposed by both this
bill and Senate Bill 794. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2016, (2) each bill amends Section 706.6 of the Welfare and
Institutions Code, and (3) this bill is enacted after Senate Bill 794,
in which case Section 49 of this bill shall not become operative.

end insert begin insert

(g)(1) Section 106.1 of this bill incorporates amendments to
Section 16003 of the Welfare and Institutions Code proposed by
both this bill and Senate Bill 238. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2016, (2) each bill amends Section 16003 of the Welfare
and Institutions Code, and (3) Senate Bill 794 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after Senate Bill 238, in which case Sections 106, 106.2, and 106.3
of this bill shall not become operative.

end insert begin insert

(2) Section 106.2 of this bill incorporates amendments to Section
16003 of the Welfare and Institutions Code proposed by both this
bill and Senate Bill 794. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2016, (2) each bill amends Section 16003 of the Welfare and
Institutions Code, (3) Senate Bill 238 is not enacted or as enacted
does not amend that section, and (4) this bill is enacted after Senate
Bill 794 in which case Sections 106, 106.1 and 106.3 of this bill
shall not become operative.

end insert begin insert

(3) Section 106.3 of this bill incorporates amendments to Section
16003 of the Welfare and Institutions Code proposed by this bill,
Senate Bill 238, and Senate Bill 794. It shall only become operative
if (1) all three bills are enacted and become effective on or before
January 1, 2016, (2) each bill amends Section 16003 of the Welfare
and Institutions Code, and (3) this bill is enacted after Senate Bill
238 and Senate Bill 794, in which case Sections 106, 106.1, and
106.2 of this bill shall not become operative.

end insert begin insert

(h) Section 108.5 of this bill incorporates amendments to Section
16501 of the Welfare and Institutions Code proposed by both this
bill and Senate Bill 794. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2016, (2) each bill amends Section 16501 of the Welfare and
Institutions Code, and (3) this bill is enacted after Senate Bill 794,
in which case Section 108 of this bill shall not become operative.

end insert begin insert

(i) Section 109.5 of this bill incorporates amendments to Section
16501.1 of the Welfare and Institutions Code proposed by both
this bill and Senate Bill 794. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 16501.1 of the Welfare and
Institutions Code, and (3) this bill is enacted after Senate Bill 794,
in which case Section 109 of this bill shall not become operative.

end insert

begin insert

begin insert SEC. 129. end insert   

end insert begin insert

(a) 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, Section 36 of Article XIII of the California Constitution
shall govern this act’s application to local agencies and the state’s
funding of those programs or levels of service.

end insert begin insert

(b) However, if the Commission on State Mandates determines
that this act contains other costs mandated by the state for
programs or levels of service not described in subdivision (a),
reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.

end insert