BILL NUMBER: AB 403 AMENDED
BILL TEXT
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
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, 831, 832,
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.
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.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
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.
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.
SEC. 6.5. 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
as an alternative to a group home. 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.
(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.
(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.
SEC. 18.5. Section 1522.41 of the
Health and Safety Code is amended to read:
1522.41. (a) (1) The director,
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 a
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
facility or short-term residential treatment center
shall successfully complete a specified
department-approved training certification program,
pursuant to subdivision (c), prior to employment. An
administrator employed in a group home on the effective date of this
section shall meet the requirements of paragraph (2) of subdivision
(c).
(2) In those cases where when 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. residents, including, but not limited to,
the information described in subdivision (d) of Section 16501.4 of
the Welfare and Institutions Code.
(E) Community and support services.
(F) Physical needs for of facility
residents.
(G) Administration, 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
relating to, and related best practices
for, for providing adequate care to
for children across diverse ethnic and racial
backgrounds, as well as children identifying as lesbian, gay,
bisexual, and transgender youth in out-of-home care.
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
the School Safety and Violence Prevention Act (Article
Article 3.6 (commencing with Section 32228) of
Chapter 2 of Part 19 of Division 1 of Title 1 of the Education
Code). Code.
(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.
(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.
(3)
(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 (d) (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.
(d)
(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.
(e)
(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 facility. 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.
(f)
(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 facility
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. Community The department shall
accept for certification, community college course hours
approved by the regional centers shall be accepted by the
department for certification. centers.
(2) Every administrator of a group home facility
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 subdivision (f),
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.
(g)
(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.
(h)
(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 pursuant to subdivision (j).
department.
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home
facilities. 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.
(i)
(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.
(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.
(k)
(l) Notwithstanding any provision of
law to the contrary, vendors approved by the department who
exclusively provide either initial or continuing education courses
for certification of administrators of a group home facility
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.
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
relating to and related best practices for
providing adequate care to for children
across diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, and transgender
youth in out-of-home care. or transgender.
(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.
SEC. 23.5. 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. 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.
(E) Accessing education and health services available to foster
children.
(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(G) Instruction on cultural competency and sensitivity
relating to, and and related best practices
for, for providing adequate care
to for children across diverse ethnic and
racial backgrounds, as well as children identifying as lesbian,
gay, bisexual, and transgender youth in out-of-home care.
or transgender.
(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 harassment- and
violence-free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article Article 3.6 (commencing with Section
32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the
Education Code). 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. care,
including, but not limited to, the information described in
subdivision (d) of Section 16501.4 of the Welfare and Institutions
Code.
(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, 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.
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.
SEC. 24.5. 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. 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.
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.
SEC. 31.5. Section 1536 of the Health
and Safety Code is amended to read:
1536. (a) (1) At least annually, the director
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, or 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 addresses,
upon request, only to bona fide professional foster parent
organizations upon request. 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.
(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.
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.
SEC. 36.5. 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
Except as otherwise provided in this chapter, a
civil penalty assessment shall not 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, or 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, or
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. program administrator of the
Community Care Licensing Division.
(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 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.
(2)
(j) (1) 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 15 business days of
receipt of the notice of a civil penalty assessment and shall provide
all available supporting documentation at that time. The
review shall be conducted by a regional manager
the deputy director of the Community Care Licensing
Division. If the regional manager
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 determines
that the civil penalty was not assessed
assessed, or the finding of deficiency was not made, in
accordance with applicable statutes or regulations of the department,
he or she may amend or dismiss the civil penalty.
penalty or finding of deficiency. The licensee shall be
notified in writing of the regional manager's
deputy director's decision within 60 business days
of the request to review the assessment of the civil
penalty. date when all necessary information has been
provided to the department by the licensee.
(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)
(2) Upon exhausting the deputy director
review, review described in paragraph (1), a
licensee may further appeal a civil penalty
assessed pursuant to subdivision (d) or (e) that
decision 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)
(3) 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.
(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.
(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.
(j)
(l) The department shall adopt regulations implementing
this section.
(k)
(m) 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. Section 2 of
Chapter 813 of the Statutes of 2014.
(l)
(n) 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.
(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.
(m)
(p) 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.
SEC. 49.5. Section 706.6 of the Welfare
and Institutions Code is amended to read:
706.6. A (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:
(a)
(1) A description of the circumstances that resulted in
the minor being placed under the supervision of the probation
department and in foster care.
(b) An
(2) Docum entation of the
preplacement assessment of the minor's and family's strengths
and needs 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.
(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.
(B) An appropriate placement is a placement
in the least restrictive, most family-like environment,
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.
(d)
(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.
(e)
(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.
(f)
(g) The projected date of completion of the case plan
objectives and the date services will be terminated.
(g)
(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.
(h)
(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, 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 of this code
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.
(i)
(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.
(j)
(k) A schedule of visits between the minor and the
probation officer, including a monthly visitation schedule for those
children placed in group homes.
(k)
(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.
(l)
(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.
(m)
(n) (1) The updated case plan
prepared for a permanency planning hearing shall include a
recommendation for a permanent plan for the minor. 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 sha ll identify any
barriers to achieving legal permanence and the steps the agency will
take to address those barriers.
(2) 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,
arrangement for a minor 16 years of age or older, 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. 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.
(n)
(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.
(o)
(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.
(p)
(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. successful adulthood.
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 831 832 is added to
the Welfare and Institutions Code, to read:
831. 832. (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 Point Ranges Standard Rate
Level
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 2004-05, 2005-06, 2006-07,
Classification 2007-08, 2008-09, and 2009-
Level 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 may
shall solely 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.
SEC. 106.1. 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
caretaker 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. care,
including, but not limited to, the information described in
subdivision (d) of Section 16501.4.
(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
California Student Safety and Violence Prevention Act of
2000 (Article Article 3.6 (commencing with
Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of
the Education Code). Code.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(1) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(2) Health issues in foster care. care,
including, but not limited to, the information described in
subdivision (d) of Section 16501.4.
(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
California Student Safety and Violence Prevention Act of
2000 (Article Article 3.6 (commencing with
Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of
the Education Code). 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.
SEC. 106.2. 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
caretaker 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 training, pursuant to
Sections 1522.44 and 1529.2 of the Health and Safety Code, 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
child. The training shall include, but is 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
the California Student Safety and Violence Prevention Act of 2000
(Article Article 3.6 (commencing with Section
32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the
Education Code). Code.
(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.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(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
the California Student Safety and Violence Prevention Act of 2000
(Article Article 3.6 (commencing with Section
32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the
Education Code). Code.
(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.
(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.
SEC. 106.3. 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
caretaker 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 training, pursuant to
Sections 1522.44 and 1529.2 of the Health and Safety Code, 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
child. The training shall include, but is 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. care,
including, but not limited to, the information described in
subdivision (d) of Section 16501.4.
(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
California Student Safety and Violence Prevention Act of
2000 (Article Article 3.6 (commencing with
Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of
the Education Code). Code.
(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.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(1) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(2) Health issues in foster care. care,
including, but not limited to, the information described in
subdivision (d) of Section 16501.4.
(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
California Student Safety and Violence Prevention Act of
2000 (Article Article 3.6 (commencing with
Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of
the Education Code). Code.
(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.
(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.
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.
SEC. 108.5. 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 which
that are directed toward the accomplishment of
any or all of the following purposes: protecting and promoting the
welfare of all children, including handicapped,
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.
"Child
(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.
(1)
(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.
(2)
(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.
(3)
(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. 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). 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. 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) (1) 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, placement with a fit and
willing relative, or continued foster care placement, and, as
needed, shall include supportive transition services to nonminor
dependents, as described in subdivision (v) of Section 11400.
(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.
(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 which 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.
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 the child and family team, as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or probation officer, or a social worker or probation
officer on the staff of the agency in the state in which the child
has been placed, shall visit the child in a foster family home or the
home of a relative, consistent with federal law and in accordance
with the department's approved state plan. For children in
out-of-state group home facilities, visits shall be conducted at
least monthly, pursuant to Section 16516.5. At least once every six
months, at the time of a regularly scheduled placement agency contact
with the foster child, the child's social worker or probation
officer shall inform the child of his or her rights as a foster
child, as specified in Section 16001.9. The social worker or
probation officer shall provide the information to the child in a
manner appropriate to the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) 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.
SE C. 109.5. 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.
(b) (1) A
(2) The case plan shall
be based upon the principles of this section and 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.
(2)
(3) In determining the reasonable services to be
offered or provided, the child's health and safety shall be the
paramount concerns.
(3)
(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.
(4)
(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.
(5)
(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.
(c) (1) If out-of-home placement is used to attain case plan
goals, the case plan
(d) (1) The case
plan shall include a description of the type of home or
institution in which the child is to be placed, and the reasons for
that placement decision. The decision regarding choice of placement
shall be based upon selection of a safe setting that is the least
restrictive or most familylike family setting
that promotes normal childhood experiences and the most
appropriate setting that is available and in close
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, and members; foster family
homes, resource families, and nontreatment certified homes
of foster family agencies, intensive treatment
agencies; followed by treatment and intensive treatment
certified homes of foster family agencies; or multidimensional
treatment foster care homes, group care placements, such as
group homes and 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
Section 7950 of Part 5 (commencing with
Section 7900) of Division 12 of the Family Code.
(2) If a group care 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.
successful adulthood. 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.
successful adulthood. The case plan shall
specify the treatment strategies that will be used to prepare the
nonminor dependent for discharge to a less restrictive and
more familylike setting, 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. successful adulthood. The group home
placement planning process shall begin as soon as it becomes clear to
the county welfare department or probation office that a foster
child in group home placement is likely to remain in group home
placement on his or her 18th birthday, in order to expedite the
transition to a less restrictive and more familylike setting
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.
(d)
(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 Services/Case Management System
(CWS/CMS) to account for the 60-day timeframe for
preparing a written case plan.
(e)
(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.
(f)
(g) The case plan shall be developed considering
the recommendations of the child and family team, as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or probation officer, or a social worker or probation
officer on the staff of the agency in the state in which the child
has been placed, shall visit the child in a foster family home or the
home of a relative, consistent with federal law and in accordance
with the department's approved state plan. For children in
out-of-state group home facilities, visits shall be conducted at
least monthly, pursuant to Section 16516.5. At least once every six
months, at the time of a regularly scheduled placement agency contact
with the foster child, the child's social worker or probation
officer shall inform the child of his or her rights as a foster
child, as specified in Section 16001.9. The social worker or
probation officer shall provide the information to the child in a
manner appropriate to the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a 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 of this code 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) (A) If the case plan has as its goal
for the child a permanent plan of adoption or placement in
another permanent home, legal guardianship, 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, or 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.
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. If the plan is for kinship
guardianship, the case plan shall document how the child meets the
kinship guardianship eligibility requirements.
(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.
(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).
(16) (A)
(ii) 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, successful adulthood, 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) of 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 14 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.
(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.
(18) For youth in foster care 14 years of age and older and
nonminor dependents, the case plan shall include both of the
following:
(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.
(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.
(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.
(g)
(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.
(h)
(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 Service/Case Management System
(CWS/CMS) is implemented on a statewide basis.
(i)
(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.
(j)
(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.
(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
(l) Each county shall ensure that the
total number of visits made by caseworkers on a monthly basis
by October 1, 2011, 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 and that the majority of
the visits occur in the residence of the child. The plan
shall include any county child welfare and probation
departments shall comply with data reporting requirements
that the department deems necessary to comply with the
provisions of the federal Child and Family Services
Improvement Act of 2006 (Public Law 109-288).
109-288) and the federal Child and Family Services Improvement and
Innovation Act of 2011 (Public Law 112-34).
(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
agency 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,
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 state and federal arrest and disposition
notifications pursuant to Section 11105.2 of the Penal
Code.
(ii) Consideration of any substantiated allegations of child abuse
or neglect against either the applicant or any other adult residing
in the home. An approval may not be granted to applicants whose
criminal record indicates a conviction for any of the offenses
specified in subdivision (g) of Section 1522 of the Health and Safety
Code.
(iii) 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.
(iv) For public foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized.
(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.
(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.
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.
SEC. 128. (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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
SEC. 129. (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.
(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.