California Legislature—2015–16 Regular Session

Assembly Bill No. 1997

Introduced by Assembly Member Mark Stone

February 16, 2016

An act to amend Sections 1501.1, 1502, 1517, 1520.1, 1525.5, and 1562.01 of the Health and Safety Code, and to amend Sections 4094.2, 11462, 11466, and 16519.5, of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1997, as introduced, Mark Stone. Foster care.

Existing law provides for the early implementation, by counties and foster family agencies, of the resource family approval process, which is a unified, family friendly, and child-centered approval process that replaces the multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. Existing law requires the State Department of Social Services to implement the resource family approval process in all counties and with all foster family agencies by January 1, 2017.

This bill would make conforming statutory changes related to the statewide implementation of the resource family approval process, including prohibiting the department from accepting applications to license foster family homes on and after January 1, 2017. The bill would also revise certain aspects of the resource family approval process, including by requiring counties and foster family agencies to conduct annual, announced inspections of resource family homes and to inspect resource family homes as often as necessary to ensure the quality of care provided, and by authorizing counties to grant, deny, or rescind criminal records exemptions. By imposing additional duties on counties, and by expanding the duties of foster family agencies, for which the failure to comply is a crime, this bill would impose a state-mandated local program.

Existing law, the California Community Care Facilities Act, provides for the licensure of short-term residential treatment centers, which are residential facilities licensed by the State Department of Social Services 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. A violation of the act is a crime.

This bill would require a private short-term residential treatment center to be organized and operated on a nonprofit basis. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law generally requires, commencing January 1, 2017, a community treatment facility program to have accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to a specified process. Existing law provides that a community treatment facility program that has been granted a specified extension does not have to comply with that requirement until January 1, 2018.

This bill would provide that a community treatment facility program that has been granted that specified extension does not have to comply with the accreditation requirement until January 1, 2019.

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 specified reasons.

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.  

Section 1501.1 of the Health and Safety Code is
amended to read:

1501.1.  

(a) It is the policy of the state to facilitate the proper
placement of every child in residential care facilities where the
placement is in the best interests of the child. A county may require
placement or licensing agencies, or both placement and licensing
agencies, to actively seek out-of-home care facilities capable of
meeting the varied needs of the child. Therefore, in placing children
in out-of-home care, particular attention should be given to the
individual child’s needs, the ability of the facility to meet those
needs, the needs of other children in the facility, the licensing
requirements of the facility as determined by the licensing agency,
and the impact of the placement on the family reunification plan.

(b) Pursuant to this section, children with varying designations
and varying needs, including, on and after January 1, 2012,
nonminor dependents, as defined in subdivision (v) of Section
11400 of the Welfare and Institutions Code, except as provided
by statute, may be placed in the same facility provided the facility
is licensed, complies with all licensing requirements relevant to
the protection of the child, and has a special permit, if necessary,
to meet the needs of each child so placed. A facility may not
require, as a condition of placement, that a child be identified as
an individual with exceptional needs as defined by Section 56026
of the Education Code.

(c) Neither the requirement for any license nor any regulation
shall restrict the implementation of the provisions of this section.
Implementation of this section does not obviate the requirement
for a facility to be licensed by the department.

(d) Pursuant to this section, children with varying designations
and varying needs, including, on and after January 1, 2012,
nonminor dependents, as defined in subdivision (v) of Section
11400 of the Welfare and Institutions Code, except as provided
by statute, may be placed in the same licensed foster family home
or with a foster family agency for subsequent placement in a
certified family begin delete home. end delete begin insert home end insert begin insert or with a resource family. end insert Children,
including nonminor dependents, with developmental disabilities,
mental disorders, or physical disabilities may be placed in licensed
foster family homes or certified family begin delete homes, end delete begin insert homes or with
resource families, end insert provided that an appraisal of the child’s or
nonminor dependent’s needs and the ability of the receiving home
to meet those needs is made jointly by the placement agency and
the licensee in the case of licensed foster family homes or the
placement agency and the foster family agency in the case of
certified family begin delete homes, end delete begin insert homes or resource families, end insert and is followed
by written confirmation prior to placement. The appraisal shall
confirm that the placement poses no threat to any child in the home.

begin delete

For

end delete

begin insert (e) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert For end insert purposes of this chapter, the placing of children by
foster family agencies shall be referred to as “subsequent
placement” to distinguish the activity from the placing by public
agencies.

begin insert

(2) For purposes of this chapter, and unless otherwise specified,
references to a “child” shall include a “nonminor dependent”
and “nonminor former dependent or ward” as those terms are
defined in subdivision (v) and paragraph (1) of subdivision (aa)
of Section 11400 of the Welfare and Institutions Code.

end insert

SEC. 2.  

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, begin insert approving, end insert and
training of, and providing professional support to, foster begin delete parents, end delete
begin insert parents and resource families, end insert or in finding homes begin delete or other places end delete
for begin insert the end insert 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)  begin insert (A) end insert begin insert   end insert “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.

begin insert

(B) On and after January 1, 2017, the department shall not
accept applications for foster family home licenses.

end insert

(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. begin insert end insert begin insert Private
short-term residential treatment centers shall be organized and
operated on a nonprofit basis. end insert

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

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

SEC. 3.  

Section 1517 of the Health and Safety Code is amended
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 begin delete couple end delete begin insert family end insert 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)  begin insert (1) end insert begin insert   end insert A foster family agency begin delete 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, end delete shall comply with the
provisions of this section.

begin delete

(1)

end delete

begin insert ( end insert begin insert 2) end insert  Notwithstanding any other law, begin delete the end delete begin insert a end insert 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 begin insert or
regulations end insert adopted thereto, and other applicable laws prior to
approval and in order to maintain approval.

begin delete

(2) The

end delete

begin insert (3) end insert begin insert   end insert begin insert A end insert 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 begin insert or regulations end insert adopted thereto begin delete as directed end delete 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)  begin insert (i) end insert begin insert   end insert Updating resource family approval annually.

begin insert

(ii) A foster family agency shall conduct an announced
inspection of a resource family home during the annual update in
order to ensure that the resource family is conforming to all
applicable laws and the written directives or regulations adopted
pursuant to Section 16519.5 of the Welfare and Institutions Code.

end insert

(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 begin insert or regulations end insert
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 begin insert or
regulations end insert adopted pursuant to Section 16519.5 of the Welfare
and Institutions Code.

begin insert

(iv) Inspecting resource family homes as often as necessary to
ensure the quality of care provided.

end insert

(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 begin delete (9) end delete begin insert (6) end insert of subdivision (f) of Section 16519.5
of the Welfare and Institutions Code.

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

begin insert

(ii) Nothing in this section shall preclude a foster family agency
from requiring resource family training in excess of the
requirements in this section.

end insert

(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:

begin insert

(1) Requiring foster family agencies to monitor resource
families, including, but not limited to, developing and monitoring
resource family corrective action plans to correct identified
deficiencies and to rescind resource family approval if compliance
with a corrective action plan is not achieved.

end insert begin delete

(1)

end delete

begin insert ( end insert begin insert 2) end insert  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 begin insert or regulations end insert adopted
pursuant to Section 16519.5 of the Welfare and Institutions Code.

begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  Rescinding approvals of a resource family approved by a
foster family agency.

begin delete

(3)

end delete

begin insert ( end insert begin insert 4) end insert  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.

begin delete

(4)

end delete

begin insert ( end insert begin insert 5) end insert  Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child begin delete or nonminor dependent end delete 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 begin delete Section 16519.5 end delete begin insert in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9 end insert 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 begin insert subsequently end insert 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 begin insert or regulations end insert 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 begin delete time, end delete begin insert time end insert 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 begin delete (2) end delete begin insert (3) end insert 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. 4.  

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 begin delete term of a end delete provisional license for begin delete a
period not to exceed two years, end delete begin insert an additional period of time not
to exceed a total of 24 months, end insert 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 begin delete (5) end delete begin insert (6) end insert 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. 5.  

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)  begin delete Notwithstanding subdivision (a), the end delete begin insert The end insert department may
extend the term of a provisional license issued to a foster family
begin delete agency, end delete begin insert agency beyond the time limits specified in subdivision (a), end insert
not to exceed begin delete two years, end delete begin insert a total of 24 months, end insert 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. 6.  

Section 1562.01 of the Health and Safety Code is
amended 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 begin delete (5) end delete begin insert (6) end insert 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 begin delete two
years end delete begin insert a total of 24 months end insert 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 begin delete forth, on and after
January 1, 2017, end delete begin insert forth end insert 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, begin delete on and after January 1, 2017, end delete 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 begin delete on and after January 1,
2017, end delete 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 begin delete on and after January 1, 2017, end delete pursuant to subdivision
(c) of Section 11462 of the Welfare and Institutions Code.

SEC. 7.  

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, begin delete 2018. end delete begin insert 2019. end insert

(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. 8.  

Section 11462 of the Welfare and Institutions Code,
as added by Section 72 of Chapter 773 of the Statutes of 2015, is
amended 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)  begin delete Access to specialty end delete begin insert Specialty end insert 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. 9.  

Section 11466 of the Welfare and Institutions Code is
amended to read:

11466.  

For the purposes of this section to Section begin delete 114691.1, end delete
begin insert 11469.1, end insert inclusive, “provider” shall mean a group home, short-term
residential treatment center, a foster family begin delete agency that provides
treatment services, end delete begin insert agency, end insert and similar foster care business entities.

SEC. 10.  

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.

begin insert

(3) The State Department of Social Services shall be responsible
for all of the following:

end insert begin insert

(A) Selecting early implementation counties, based on criteria
established by the department in consultation with the County
Welfare Directors Association.

end insert begin insert

(B) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for early
implementation participation in the program, train appropriate
staff, and accept applications from resource families.

end insert begin insert

(C) Entering into terms and conditions for early implementation
participation in the program by counties.

end insert begin insert

(4) Counties participating in the early implementation of the
program shall be responsible for all of the following:

end insert begin insert

(A) Submitting an implementation plan.

end insert begin insert

(B) Entering into terms and conditions for early implementation
participation in the program.

end insert begin insert

(C) Consulting with the county probation department in the
development of the implementation plan.

end insert begin insert

(D) Training appropriate staff.

end insert begin insert

(E) Accepting applications from resource families within the
timeframes established by the department.

end insert begin insert

(5) (A) 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 statewide 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.

end insert begin insert

(B) Upon implementation of the program in a county, that county
shall 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 guardians and adoptive
homes.

end insert begin insert

(6) The department may waive regulations that pose a barrier
to the early 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 early implementation of the program and only
for the duration of the program.

end insert begin insert

(7) (A) 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 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.

end insert begin insert

(B) 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.

end insert

(c) (1) For the purposes of this chapter, “resource family” means
an individual or begin delete couple end delete begin insert family end insert that begin delete a participating county or foster
family 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 end delete begin insert has end insert 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.

begin insert

(2) For purposes of this chapter, and unless otherwise specified,
references to a “child” shall include a “nonminor dependent”
and “nonminor former dependent or ward” as defined in
subdivision (v) and paragraph (1) of subdivision (aa) of Section
11400.

end insert begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  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.

begin delete

(3)

end delete

begin insert ( end insert begin insert 4) end insert  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.

begin delete

(4)

end delete

begin insert ( end insert begin insert 5) end insert  Approval of a resource family does not guarantee an initial
or continued placement of a child with a resource family.

begin delete

(5)

end delete

begin insert ( end insert begin insert 6) end insert  Notwithstanding paragraphs (1) to begin delete (4), end delete begin insert ( end insert begin insert 5), end insert 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 begin insert exemption end insert 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)  begin delete Prior to implementation of this program, the end delete begin insert (1) end insert begin insert   end insert begin insert The end insert
department shall adopt standards pertaining to the home
environment and permanency assessments of a resource family.

begin delete

(1)

end delete

begin insert ( end insert begin insert 2) end insert  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 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 begin delete currently used for foster
care licensing as end delete specified in subdivision (g) of Section 1522 of
the Health and Safety begin delete Code. end delete begin insert Code and the written directives
adopted pursuant to this section. A county may obtain arrest and
conviction records or reports from any court or law enforcement
agency as necessary to the performance of its duties, as provided
in subdivision (e) of Section 1522 of the Health and Safety Code. end insert

(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 begin delete set forth
in Sections 89387 and 89387.2 of Title 22 of the California Code
of Regulations. end delete begin insert that ensure the health and safety of children. end insert

(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.

begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  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 begin insert county may place a end insert child begin delete may be placed end delete 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 begin insert county may place a end insert child begin delete may be placed end delete 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.

begin insert

(G) Nothing in this paragraph shall limit the county’s authority
to inspect the home of a resource family or a relative or nonrelative
extended family member as often as necessary to ensure the quality
of care provided to a child placed on an emergency basis.

end insert

(f) The State Department of Social Services shall be responsible
for all of the following:

begin delete

(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County
Welfare Directors Association.

end delete begin delete

(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.

end delete begin delete

(3) Entering into terms and conditions for participation in the
program by counties.

end delete begin delete

(4)

end delete

begin insert ( end insert begin insert 1) end insert  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.

begin delete

(5)

end delete

begin insert ( end insert begin insert 2) end insert  Approving and requiring the use of a single standard for
resource family approval.

begin delete

(6)

end delete

begin insert ( end insert begin insert 3) end insert  Adopting and requiring the use of standardized
documentation for the home environment and permanency
assessments of resource families.

begin delete

(7)

end delete

begin insert ( end insert begin insert 4) end insert  Requiring counties to monitor begin insert county-approved end insert 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.

begin delete

(8)

end delete

begin insert ( end insert begin insert 5) end insert  Ongoing oversight and monitoring of county systems and
operations including all of the following:

(A) Reviewing the county’s begin insert implementation plan and end insert
implementation of the program.

(B) Reviewing an adequate number of begin delete approved end delete
begin insert county-approved end insert resource families in each begin delete participating end delete 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 begin delete participating end delete 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 begin delete participating end delete
counties.

(E) Requiring corrective action of counties that are not in full
compliance with begin delete the terms and conditions of the program. end delete begin insert this
section. end insert

begin delete

(9)

end delete

begin insert ( end insert begin insert 6) end insert  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.

begin delete

(10)

end delete

begin insert ( end insert begin insert 7) end insert  Implementing due process procedures, begin delete including end delete begin insert including,
but not limited to, end insert 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 begin delete participating in the program end delete shall be responsible
for all of the following:

(1) Submitting an implementation begin delete plan, entering into terms and
conditions for participation in the program, end delete begin insert plan and end insert consulting
with the county probation department in the development of the
implementation begin delete plan, training appropriate staff, and accepting
applications from resource families within the timeframes
established by the department. end delete begin insert plan. end insert

(2) Complying with the written directives begin insert adopted end insert pursuant to
begin delete paragraph (4) of subdivision (f). end delete begin insert this section. end insert

(3) Implementing the requirements for resource family approval
and utilizing standardized documentation established by the
department.

(4)  begin delete Ensuring end delete begin insert Training appropriate staff, including ensuring end insert
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 begin delete a end delete begin insert any end insert 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 begin delete or nonminor dependent end delete from physical or
mental abuse, abandonment, or any other substantial threat to
health or safety, consistent with the established standard.

begin insert

(v) Granting, denying, or rescinding criminal record exemptions.

end insert

(B) Providing a resource family parent, applicant, begin delete or end delete excluded
begin delete individual end delete begin insert individual, or individual who is the subject of a criminal
record exemption decision, end insert requesting review of that begin delete decision end delete
begin insert decision, end insert 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.

begin delete

(D) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child or nonminor dependent who is or may
be placed in the home from physical or mental abuse, abandonment,
or any other substantial threat to health or safety.

end delete

(6)  begin insert (A) end insert begin insert   end insert Updating resource family approval annually.

begin insert

(B) A county shall conduct an announced inspection of a
resource family home during the annual update in order to ensure
that the resource family is conforming to all applicable laws and
the written directives or regulations adopted pursuant to this
section.

end insert

(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.

begin insert

(D) Inspecting resource family homes as often as necessary to
ensure the quality of care provided.

end insert

(8)  begin insert (A) end insert begin insert   end insert Investigating all complaints against a resource family
and taking action as begin delete necessary. This shall include end delete begin insert necessary,
including, but not limited to, end insert investigating any incidents reported
about a resource family indicating that the approval standard is
not being begin delete maintained. end delete begin insert maintained and inspecting the resource
family home. end insert

begin delete

(A)

end delete

begin insert ( end insert begin insert B) end insert  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.

begin delete

(B)

end delete

begin insert ( end insert begin insert C) end insert  Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.

begin delete

(C)

end delete

begin insert ( end insert begin insert D) end insert  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 begin delete (9) end delete begin insert (6) end insert 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, begin insert as described in subdivision (c) of Section
1522.44 of the Health and Safety Code, end insert 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 begin delete relevant, end delete
begin insert relevant and as needed, end insert 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.

begin delete

(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)

end delete

begin insert ( end insert begin insert j) end insert   begin insert (1) end insert begin insert   end insert Resource families begin delete approved under initial implementation
of the program, end delete who move begin delete within an early implementation county
or who move to another early implementation county, end delete begin insert home
locations end insert shall retain their resource family status if the new building
and grounds, outdoor activity areas, and storage areas meet home
environment standards. begin delete The end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert State Department of Social Services or begin delete early
implementation end delete begin insert a end insert county may allow a program-affiliated individual
to transfer his or her subsequent arrest notification if the individual
moves from one begin delete early implementation end delete county to another begin delete early
implementation end delete county, as specified in subdivision (g) of Section
1522 of the Health and Safety Code.

begin delete

(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)

end delete

begin insert ( end insert begin insert 3) end insert  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 begin delete county end delete begin insert county, foster family agency, end insert
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.

begin delete

(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.

end delete begin delete

(n)

end delete

begin insert ( end insert begin insert k) end insert  Implementation of the program shall be contingent upon the
continued availability of federal Social Security Act Title IV-E
(42 U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.

begin delete

(o)

end delete

begin insert ( end insert begin insert l) end insert  A child placed with a resource family shall be eligible for
AFDC-FC payments. A resource family, or a foster family agency
pursuant to subdivisions begin delete (s) and (t), end delete begin insert (p) and (q), end insert shall be paid an
AFDC-FC rate pursuant to Sections 11460, 11461, and 11463.
Sharing ratios for nonfederal expenditures for all costs associated
with activities related to the approval of relatives and nonrelative
extended family members shall be in accordance with Section
10101.

begin delete

(p)

end delete

begin insert ( end insert begin insert m) end insert  The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing,
or responses, as specified in this section.

begin delete

(q)

end delete

begin insert ( end insert begin insert n) end insert  Except as provided, approved resource families begin delete under this
program end delete shall be exempt from all of the following:

(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and
Safety Code, and all regulations promulgated thereto.

(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and
all regulations promulgated thereto.

(3) Adoptions approval and reporting requirements set forth
under Section 8712 of the Family Code, and all regulations
promulgated thereto.

begin delete

(r)

end delete

begin insert ( end insert begin insert o) end insert  (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. begin insert On and
after January 1, 2017, a county shall approve resource families
in lieu of licensing foster family homes and approving relative or
nonrelative extended family members. Notwithstanding this
provision, the existing licensure or approval and oversight
processes shall continue to be administered for foster family homes
and relatives or nonrelative extended family members licensed or
approved prior to January 1, 2017, in accordance with paragraphs
(3) and (4). end insert

(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 begin delete time, for any length of time, end delete begin insert time end insert 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 begin delete (2) end delete begin insert (3) end insert 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 begin delete time, for any length of time, end delete begin insert time end insert 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.

begin delete

(s)

end delete

begin insert ( end insert begin insert p) end insert  On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family begin delete agency end delete begin insert agency, end insert or a short-term residential
treatment center pursuant to subdivision (b) of Section begin delete 11462 end delete
begin insert 11462, end insert 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.

begin delete

(t)

end delete

begin insert ( end insert begin insert q) end insert  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.

begin insert

(5) This subdivision shall become inoperative on January 1,
2017.

end insert

SEC. 11.  

To the extent that this act has an overall effect of
increasing certain 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 those cost
increases. 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.

With regard to certain other costs that may be incurred by a local
agency or school district, no reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution 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.