BILL NUMBER: AB 1997 INTRODUCED
BILL TEXT
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
home. home or with a resource family.
Children, including nonminor dependents, with developmental
disabilities, mental disorders, or physical disabilities may be
placed in licensed foster family homes or certified family
homes, homes or with resource families, 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 homes,
homes or resource families, 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.
For
(e) (1) For
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.
(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.
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, approving,
and training of, and providing professional support to, foster
parents, parents and resource families,
or in finding homes or other places for the
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) (A) "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.
(B) On and after January 1, 2017, the department shall not accept
applications for foster family home licenses.
(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. Private short-term
residential treatment centers shall be organized and operated on a
nonprofit basis.
(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 couple family 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) (1) A foster family agency that
is selected and authorized to participate in early implementation of
the resource family approval program, pursuant to subdivision (t) of
Section 16519.5 of the Welfare and Institutions Code,
shall comply with the provisions of this section.
(1)
( 2) Notwithstanding any other law,
the a 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 or regulations
adopted thereto, and other applicable laws prior to approval and in
order to maintain approval.
(2) The
(3) A 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
or regulations adopted thereto as directed
by the department.
(B) Implementing the requirements for the resource family approval
and utilizing standardized documentation established by the
department.
(C) Ensuring staff have the education and experience necessary to
complete the home environment and psychosocial assessments
competently.
(D) Taking the following actions, as applicable:
(i) Approving or denying resource family applications.
(ii) Rescinding approvals of resource families.
(E) Providing to the department a log of resource families that
were approved or rescinded during the month by the 10th day of the
following month. For purposes of subdivision (d) of Section 1536, a
certified family home includes a resource family approved by the
foster family agency pursuant to this section.
(F) (i) Updating resource family approval
annually.
(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.
(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 or regulations
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 or
regulations adopted pursuant to Section 16519.5 of the Welfare
and Institutions Code.
(iv) Inspecting resource family homes as often as necessary to
ensure the quality of care provided.
(H) Performing corrective action as required by the department.
(I) Submitting information and data that the department determines
is necessary to study, monitor, and prepare the report specified in
paragraph (9) (6) of subdivision (f) of
Section 16519.5 of the Welfare and Institutions Code.
(J) (i) Ensuring resource family
applicants and resource families meet the training
requirements, and, if applicable, the specialized training
requirements set forth in paragraphs (12) to (14),
inclusive, of subdivisions (g) and (h) of Section 16519.5
of the Welfare and Institutions Code.
(ii) Nothing in this section shall preclude a foster family agency
from requiring resource family training in excess of the
requirements in this section.
(c) In addition to subdivision (f) of Section 16519.5 of the
Welfare and Institutions Code, the State Department of Social
Services shall be responsible for all of the following:
(1) 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.
(1)
( 2) 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 or
regulations adopted pursuant to Section 16519.5 of the Welfare
and Institutions Code.
(2)
( 3) Rescinding approvals of a resource
family approved by a foster family agency.
(3)
( 4) Excluding a resource family parent or
other individual from presence in a resource family home or licensed
community care facility, from being a member of the board of
directors, an executive director, or an officer of a licensed
community care facility, or prohibiting a licensed community care
facility from employing the resource family parent or other
individual, if appropriate.
(4)
( 5) Issuing a temporary suspension order
that suspends the resource family approval prior to a hearing, when
urgent action is needed to protect a child or nonminor
dependent from physical or mental abuse, abandonment, or
any other substantial threat to health or safety.
(d) The department may enter and inspect the home of a resource
family approved by a foster family agency to secure compliance with
the resource family approval standards, investigate a complaint or
incident, or ensure the quality of care provided.
(e) Nothing in this section or Section 16519.5
in Chapter 5 (commencing with Section 16500) of Part 4 of
Division 9 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
subsequently 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 or regulations
adopted thereto, and other applicable laws prior to approval and in
order to maintain approval.
(2) No later than July 1, 2017, each foster family agency shall
provide the following information to all certified family homes:
(A) A detailed description of the resource family approval
program.
(B) Notification that, in order to care for a foster child,
resource family approval is required by December 31, 2019.
(C) Notification that a certificate of approval shall be forfeited
by operation of law as provided for in paragraph (5).
(3) By no later than January 1, 2018, the following shall apply to
all certified family homes:
(A) A certified family home with an approved adoptive home study,
completed prior to January 1, 2018, shall be deemed to be an approved
resource family.
(B) A certified family home that had a child in placement for any
length of time, time between January 1,
2017, and December 31, 2017, inclusive, may be approved as a
resource family on the date of successful completion of a
psychosocial assessment pursuant to subparagraph (B) of paragraph
(2) (3) 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 term of a provisional
license for a period
not to exceed two years, an additional period of
time not to exceed a total of 24 months, only if it determines
that this additional time period is required to secure accreditation
from an entity identified by the department pursuant to the process
described in paragraph (5) (6) 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) Notwithstanding subdivision (a), the
The department may extend the term of a provisional license
issued to a foster family agency, agency
beyond the time limits specified in subdivision (a), not to
exceed two years, a total of 24 months,
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 (5)
(6) of subdivision (b) of Section 11462 of the Welfare
and Institutions Code.
(2) Notwithstanding paragraph (1), the department may issue a
provisional license to a short-term residential treatment center and
may extend the term of the provisional license not to exceed
two years a total of 24 months in order for the
short-term residential treatment center to secure accreditation as
set forth in subdivision (a) of Section 1520.1.
(c) A short-term residential treatment center shall obtain and
have in good standing a mental health certification, as set forth in
Section 4096.5 of the Welfare and Institutions Code.
(d) (1) A short-term residential treatment center shall prepare
and maintain a current, written plan of operation as required by the
department.
(2) The plan of operation shall include, but not be limited to,
all of the following:
(A) A statement of purposes and goals.
(B) A plan for the supervision, evaluation, and training of staff.
The training plan shall be appropriate to meet the needs of staff
and children.
(C) A program statement that includes all of the following:
(i) Description of the short-term residential treatment center's
ability to support the differing needs of children and their families
with short-term, specialized, and intensive treatment.
(ii) Description of the core services, as set forth, on
and after January 1, 2017, forth in paragraph
(1) of subdivision (b) of Section 11462 of the Welfare and
Institutions Code, to be offered to children and their families, as
appropriate or necessary.
(iii) Procedures for the development, implementation, and periodic
updating of the needs and services plan for children served by the
short-term residential treatment center and procedures for
collaborating with the child and family team described in paragraph
(4) of subdivision (a) of Section 16501 of the Welfare and
Institutions Code, that include, but are not limited to, a
description of the services to be provided to meet the treatment
needs of the child as assessed, on and after January 1,
2017, pursuant to subdivision (d) or (e) of Section
11462.01 of the Welfare and Institutions Code, the anticipated
duration of the treatment, and the timeframe and plan for
transitioning the child to a less-restrictive family environment.
(iv) A description of the population or populations to be served.
(v) Any other information that may be prescribed by the department
for the proper administration of this section.
(e) In addition to the rules and regulations adopted pursuant to
this chapter, a county licensed to operate a short-term residential
treatment center shall describe, in the plan of operation, its
conflict of interest mitigation plan, as set forth on and
after January 1, 2017, in subdivision (g) of Section
11462.02 of the Welfare and Institutions Code.
(f) The department shall establish procedures for a county review
process, at the county's option, for short-term residential treatment
centers, which may include the review of the short-term residential
treatment center's program statement, and which shall be established
in consultation with the County Welfare Directors Association of
California, Chief Probation Officers of California, and stakeholders,
as appropriate.
(g) (1) The department shall adopt regulations to establish
requirements for the education, qualification, and training of
facility managers and staff who provide care and supervision to
children or who have regular, direct contact with children in the
course of their responsibilities in short-term residential treatment
centers consistent with the intended role of these facilities to
provide short-term, specialized, and intensive treatment.
(2) Requirements shall include, but not be limited to, all of the
following:
(A) Staff classifications.
(B) Specification of the date by which employees shall be required
to meet the education and qualification requirements.
(C) Any other requirements that may be prescribed by the
department for the proper administration of this section.
(h) The department shall adopt regulations to specify training
requirements for staff who provide care and supervision to children
or who have regular, direct contact with children in the course of
their responsibilities. These requirements shall include the
following:
(1) Timeframes for completion of training, including the
following:
(A) Training that shall be completed prior to unsupervised care of
children.
(B) Training to be completed within the first 180 days of
employment.
(C) Training to be completed annually.
(2) Topics to be covered in the training shall include, but are
not limited to, the following:
(A) Child and adolescent development, including sexual
orientation, gender identity, and gender expression.
(B) The effects of trauma, including grief and loss, and child
abuse and neglect on child development and behavior and methods to
behaviorally support children impacted by that trauma or child abuse
and neglect.
(C) The rights of a child in foster care, including the right to
have fair and equal access to all available services, placement,
care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(D) Positive discipline and the importance of self-esteem.
(E) Core practice model.
(F) An overview of the child welfare and probation systems.
(G) Reasonable and prudent parent standard.
(H) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(I) Awareness and identification of commercial sexual exploitation
and best practices for providing care and supervision to
commercially sexually exploited children.
(J) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), its historical significance, the rights of children covered by
the act, and the best interests of Indian children, including the
role of the caregiver in supporting culturally appropriate child
centered practices that respect Native American history, culture,
retention of tribal membership, and connection to the tribal
community and traditions.
(K) Permanence, well-being, and educational needs of children.
(L) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code.
(M) Best practices for providing care and supervision to nonminor
dependents.
(N) Health issues in foster care.
(O) Physical and psychosocial needs of children, including
behavior management, deescalation techniques, and trauma-informed
crisis management planning.
(i) (1) Each person employed as a facility manager or staff member
of a short-term residential treatment center, who provides direct
care and supervision to children and youth residing in the short-term
residential treatment center shall be at least 21 years of age.
(2) This subdivision shall not apply to a facility manager or
staff member employed, before October 1, 2014, at a short-term
residential treatment center which was operating under a group home
license prior to January 1, 2016.
(j) Notwithstanding any other section of this chapter, the
department may establish requirements for licensed group homes that
are transitioning to short-term residential treatment centers, which
may include, but not be limited to, requirements related to
application and plan of operation.
(k) A short-term residential treatment center shall have a
qualified and certified administrator, as set forth in Section
1522.41.
(l) The department shall have the authority to inspect a
short-term residential treatment center pursuant to the system of
governmental monitoring and oversight developed by the department
on and after January 1, 2017, pursuant to
subdivision (c) of Section 11462 of the Welfare and Institutions
Code.
SEC. 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, 2018.
2019.
(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) Access to specialty Specialty
mental health services for children who meet medical necessity
criteria for specialty mental health services under the Medi-Cal
Early and Periodic Screening, Diagnosis, and Treatment program.
(B) Transition support services for children, youth, and families
upon initial entry and placement changes and for families who assume
permanency through reunification, adoption, or guardianship.
(C) Educational and physical, behavioral, and mental health
supports, including extracurricular activities and social supports.
(D) Activities designed to support transition-age youth and
nonminor dependents in achieving a successful adulthood.
(E) Services to achieve permanency, including supporting efforts
to reunify or achieve adoption or guardianship and efforts to
maintain or establish relationships with parents, siblings, extended
family members, tribes, or others important to the child or youth, as
appropriate.
(F) When serving Indian children, as defined in subdivisions (a)
and (b) of Section 224.1, the core services described in paragraphs
(A) to (E), inclusive, which shall be provided to eligible children
consistent with active efforts pursuant to Section 361.7.
(G) (i) Facilitating the identification and, as needed, the
approval of resource families pursuant to Section 16519.5, for the
purpose of transitioning children and youth to family-based care.
(ii) If a short-term residential treatment center elects to
approve and monitor resource families directly, the center shall
comply with all laws applicable to foster family agencies, including,
but not limited to, those set forth in the Community Care Facilities
Act (Chapter 3 (commencing with Section 1500) of Division 2 of the
Health and Safety Code).
(iii) For short-term residential treatment centers that elect to
approve and monitor resource families directly, the department shall
have all the same duties and responsibilities as those centers have
for licensed foster family agencies, as set forth in applicable law,
including, but not limited to, those set forth in the Community Care
Facilities Act (Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code).
(2) The core services specified in subparagraphs (A) to (G),
inclusive, of paragraph (1) are not intended to duplicate services
already available to foster children in the community, but to support
access to those services and supports to the extent they are already
available. Those services and supports may include, but are not
limited to, foster youth services available through county offices of
education, Indian Health Services, or school-based extra-curricular
activities.
(3) Specialized and intensive treatment
supports that encompass the elements of nonmedical care and
supervision necessary to meet a child's or youth's safety and other
needs that cannot be met in a family-based setting.
(4) Staff training.
(5) Health and Safety Code requirements.
(6) Accreditation that includes:
(A) Provision for all licensed short-term residential treatment
centers to obtain and maintain in good standing accreditation from a
nationally recognized accreditation agency, as identified by the
department, with expertise in programs for children or youth group
care facilities, as determined by the department.
(B) Promulgation by the department of information identifying that
agency or agencies from which accreditation shall be required.
(C) Provision for timely reporting to the department of any change
in accreditation status.
(7) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.
(8) Maximization of federal financial participation under Title
IV-E and Title XIX of the Social Security Act.
(c) The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal, and
health and safety audits and reviews. The state agencies shall
attempt to minimize duplicative audits and reviews to reduce the
administrative burden on providers.
(d) This section shall become operative on January 1, 2017.
SEC. 9. Section 11466 of the Welfare and Institutions Code is
amended to read:
11466. For the purposes of this section to Section
114691.1, 11469.1, inclusive, "provider" shall
mean a group home, short-term residential treatment center, a foster
family agency that provides treatment services,
agency, 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.
(3) The State Department of Social Services shall be responsible
for all of the following:
(A) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
(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.
(C) Entering into terms and conditions for early implementation
participation in the program by counties.
(4) Counties participating in the early implementation of the
program shall be responsible for all of the following:
(A) Submitting an implementation plan.
(B) Entering into terms and conditions for early implementation
participation in the program.
(C) Consulting with the county probation department in the
development of the implementation plan.
(D) Training appropriate staff.
(E) Accepting applications from resource families within the
timeframes established by the department.
(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.
(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.
(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.
(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.
(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.
(c) (1) For the purposes of this chapter, "resource family" means
an individual or couple family that
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 has successfully met both the
home environment assessment standards and the permanency assessment
criteria adopted pursuant to subdivision (d) necessary for providing
care for a related or unrelated child who is under the jurisdiction
of the juvenile court, or otherwise in the care of a county child
welfare agency or probation department. A resource family shall
demonstrate all of the following:
(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
(B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
(D) The financial ability within the household to ensure the
stability and financial security of the family.
(E) An ability and willingness to provide a family setting that
promotes normal childhood experiences that serves the needs of the
child.
(2) 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.
(2)
( 3) Subsequent to meeting the criteria set
forth in this subdivision and designation as a resource family, a
resource family shall be considered eligible to provide foster care
for related and unrelated children in out-of-home placement, shall be
considered approved for adoption or guardianship, and shall not have
to undergo any additional approval or licensure as long as the
family lives in a county participating in the program.
(3)
( 4) Resource family approval means that the
applicant successfully meets the home environment assessment and
permanency assessment standards. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study approval.
(4)
( 5) Approval of a resource family does not
guarantee an initial or continued placement of a child with a
resource family.
(5)
( 6) Notwithstanding paragraphs (1) to
(4), ( 5), 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 exemption rescission by
the department or county within the preceding two years. However,
the department or county may continue to review an application if it
has determined that the reasons for the previous denial, rescission,
or revocation were due to circumstances and conditions that either
have been corrected or are no longer in existence. If an individual
was excluded from a resource family home or facility licensed by the
department, the department or county shall cease review of the
individual's application unless the excluded individual has been
reinstated pursuant to Section 11522 of the Government Code. The
cessation of review shall not constitute a denial of the application
for purposes of this section or any other law.
(d) Prior to implementation of this program, the
(1) The department shall
adopt standards pertaining to the home environment and permanency
assessments of a resource family.
(1)
( 2) 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 currently used for
foster care licensing as specified in subdivision (g) of
Section 1522 of the Health and Safety Code.
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.
(iv) For public foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized.
(v) For private foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized, but the Department of Justice shall
disseminate a fitness determination resulting from the federal
criminal offender record information search.
(B) Buildings and grounds and storage requirements set
forth in Sections 89387 and 89387.2 of Title 22 of the California
Code of Regulations. that ensure the health and safety
of children.
(C) In addition to the foregoing requirements, the resource family
home environment assessment standards shall also require the
following:
(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive environment that serves the needs
of the child.
(2)
( 3) 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 county may place a child may be
placed with a resource family that has successfully
completed the home environment assessment prior to completion of a
permanency assessment only if a compelling reason for the placement
exists based on the needs of the child.
(2) The permanency assessment shall be completed within 90 days of
the child's placement in the home, unless good cause exists based
upon the needs of the child.
(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
(4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
(5) A county may place a child may be placed
with a relative, as defined in Section 319, or nonrelative
extended family member, as defined in Section 362.7, prior to
applying as a resource family only on an emergency basis if all of
the following requirements are met:
(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
(B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
(D) For any placement made pursuant to this paragraph, the county
shall initiate the home environment assessment no later than five
business days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
(E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until approval of the resource family
has been completed.
(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
(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.
(f) The State Department of Social Services shall be responsible
for all of the following:
(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.
(3) Entering into terms and conditions for participation in the
program by counties.
(4)
( 1) Administering the program through the
issuance of written directives that shall have the same force and
effect as regulations. Any directive affecting Article 1 (commencing
with Section 700) of Chapter 7 of Title 11 of the California Code of
Regulations shall be approved by the Department of Justice. The
directives shall be exempt from the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)
( 2) Approving and requiring the use of a
single standard for resource family approval.
(6)
( 3) Adopting and requiring the use of
standardized documentation for the home environment and permanency
assessments of resource families.
(7)
( 4) Requiring counties to monitor
county-approved resource families including, but not limited
to, all of the following:
(A) Investigating complaints of resource families.
(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
(8)
( 5) Ongoing oversight and monitoring of
county systems and operations including all of the following:
(A) Reviewing the county's implementation plan and
implementation of the program.
(B) Reviewing an adequate number of approved
county-approved resource families in each
participating county to ensure that approval standards are
being properly applied. The review shall include case file
documentation, and may include onsite inspection of individual
resource families. The review shall occur on an annual basis, and
more frequently if the department becomes aware that a
participating county is experiencing a disproportionate
number of complaints against individual resource family homes.
(C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
(D) Investigating unresolved complaints against
participating counties.
(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.
this section.
(9)
( 6) Updating the Legislature on the early
implementation phase of the program, including the status of
implementation, successes, and challenges during the early
implementation phase, and relevant available data, including resource
family satisfaction.
(10)
( 7) Implementing due process procedures,
including including, but not limited to,
all of the following:
(A) Providing a statewide fair hearing process for denials,
rescissions, or exclusion actions.
(B) Amending the department's applicable state hearing procedures
and regulations or using the Administrative Procedure Act, when
applicable, as necessary for the administration of the program.
(g) Counties participating in the program shall
be responsible for all of the following:
(1) Submitting an implementation plan, entering into
terms and conditions for participation in the program,
plan and consulting with the county probation department in
the development of the implementation plan, training
appropriate staff, and accepting applications from resource families
within the timeframes established by the department.
plan.
(2) Complying with the written directives adopted
pursuant to paragraph (4) of subdivision (f).
this section.
(3) Implementing the requirements for resource family approval and
utilizing standardized documentation established by the department.
(4) Ensuring Training appropriate staff,
including ensuring staff have the education and experience
necessary to complete the home environment and psychosocial
assessments competently.
(5) (A) Taking the following actions, as applicable:
(i) Approving or denying resource family applications.
(ii) Rescinding approvals of resource families.
(iii) Excluding a resource family parent or other individual from
presence in a any resource family home,
consistent with the established standard.
(iv) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing when urgent action is
needed to protect a child or nonminor dependent
from physical or mental abuse, abandonment, or any other substantial
threat to health or safety, consistent with the established standard.
(v) Granting, denying, or rescinding criminal record exemptions.
(B) Providing a resource family parent, applicant, or
excluded individual individual, or
individual who is the subject of a criminal record exemption
decision, requesting review of that decision
decision, with due process pursuant to the department's
statutes, regulations, and written directives.
(C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family,
excluding an individual, or taking other administrative action.
(D) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child or nonminor dependent who is or may be
placed in the home from physical or mental abuse, abandonment, or any
other substantial threat to health or safety.
(6) (A) Updating resource family approval
annually.
(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.
(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.
(D) Inspecting resource family homes as often as necessary to
ensure the quality of care provided.
(8) (A) Investigating all complaints against
a resource family and taking action as necessary. This
shall include necessary, including, but not limited
to, investigating any incidents reported about a resource
family indicating that the approval standard is not being
maintained. maintained and inspecting the resource
family home.
(A)
( B) The child's social worker shall not
conduct the formal investigation into the complaint received
concerning a family providing services under the standards required
by subdivision (d). To the extent that adequate resources are
available, complaints shall be investigated by a worker who did not
initially conduct the home environment or psychosocial assessments.
(B)
( C) Upon conclusion of the complaint
investigation, the final disposition shall be reviewed and approved
by a supervising staff member.
(C)
( D) The department shall be notified of any
serious incidents or serious complaints or any incident that falls
within the definition of Section 11165.5 of the Penal Code. If those
incidents or complaints result in an investigation, the department
shall also be notified as to the
status and disposition of that investigation.
(9) Performing corrective action as required by the department.
(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) (6) 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, as described in subdivision (c) of Section
1522.44 of the Health and Safety Code, and to provide a family
setting that promotes normal childhood experiences and that serves
the needs of the child.
(N) An overview of the specialized training identified in
subdivision (h).
(14) Ensuring approved resource families complete a minimum of
eight training hours annually, a portion of which shall be from one
or more of the topics listed in paragraph (13).
(h) In addition to any training required by this section, a
resource family may be required to receive specialized training, as
relevant, relevant and as needed, for
the purpose of preparing the resource family to meet the needs of a
particular child in care. This training may include, but is not
limited to, the following:
(1) Understanding how to use best practices for providing care and
supervision to commercially sexually exploited children.
(2) Understanding how to use best practices for providing care and
supervision to lesbian, gay, bisexual, and transgender children.
(3) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, benefits, uses, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic medications.
(4) Understanding the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
children, including the role of the caregiver in supporting
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership and
connection to the tribal community and traditions.
(5) Understanding how to use best practices for providing care and
supervision to nonminor dependents.
(6) Understanding how to use best practices for providing care and
supervision to children with special health care needs.
(7) Understanding the different permanency options and the
services and benefits associated with the options.
(i) Nothing in this section shall preclude a county or a foster
family agency from requiring resource family training in excess of
the requirements in this section.
(j) (1) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive homes
that have completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight processes
shall continue to be administered for families and facilities not
included in the program.
(2) Upon implementation of the program in a county, that county
may not accept new applications for the licensure of foster family
homes, the approval of relative and nonrelative extended family
members, or the approval of prospective adoptive homes.
(k) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply to
only those counties or foster family agencies participating in the
program and only for the duration of the program.
(l)
( j) (1) Resource
families approved under initial implementation of the
program, who move within an early implementation
county or who move to another early implementation county,
home locations shall retain their resource family status
if the new building and grounds, outdoor activity areas, and storage
areas meet home environment standards. The
(2) The State Department of
Social Services or early implementation a
county may allow a program-affiliated individual to transfer
his or her subsequent arrest notification if the individual moves
from one early implementation county to another
early implementation county, as specified in
subdivision (g) of Section 1522 of the Health and Safety Code.
(m) (1) The approval of a resource family who moves to a
nonparticipating county remains in full force and effect pending a
determination by the county approval agency or the department, as
appropriate, whether the new building and grounds and storage areas
meet applicable standards, and whether all adults residing in the
home have a criminal records clearance or exemptions granted, using
the exemption criteria used for foster care licensing, as specified
in subdivision (g) of Section 1522 of the Health and Safety Code.
Upon this determination, the nonparticipating county shall either
approve the family as a relative or nonrelative extended family
member, as applicable, or the department shall license the family as
a foster family home.
(2)
( 3) Subject to the requirements in
paragraph (1), the family shall continue to be approved for
guardianship and adoption. Nothing in this subdivision shall limit a
county county, foster family agency, or
adoption agency from determining that the family is not approved for
guardianship or adoption based on changes in the family's
circumstances or psychosocial assessment.
(3) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent arrest
notification from a participating county to the nonparticipating
county.
(n)
( k) Implementation of the program shall be
contingent upon the continued availability of federal Social Security
Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with
placement of children with resource families assessed and approved
under the program.
(o)
( l) A child placed with a resource family
shall be eligible for AFDC-FC payments. A resource family, or a
foster family agency pursuant to subdivisions (s) and (t),
(p) and (q), shall be paid an AFDC-FC rate
pursuant to Sections 11460, 11461, and 11463. Sharing ratios for
nonfederal expenditures for all costs associated with activities
related to the approval of relatives and nonrelative extended family
members shall be in accordance with Section 10101.
(p)
( m) The Department of Justice shall charge
fees sufficient to cover the cost of initial or subsequent criminal
offender record information and Child Abuse Central Index searches,
processing, or responses, as specified in this section.
(q)
( n) Except as provided, approved resource
families under this program shall be exempt from
all of the following:
(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
Code, and all regulations promulgated thereto.
(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
(3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
(r)
( o) (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.
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 relati ves or nonrelative extended family members
licensed or approved prior to January 1, 2017, in accordance with
paragraphs (3) and (4).
(2) No later than July 1, 2017, each county shall provide the
following information to all licensed foster family homes and all
approved relatives and nonrelative extended family members:
(A) A detailed description of the resource family approval
program.
(B) Notification that, in order to care for a foster child,
resource family approval is required by December 31, 2019.
(C) Notification that a foster family home license and an approval
of a relative or nonrelative extended family member shall be
forfeited by operation of law as provided for in paragraph (4).
(3) By no later than January 1, 2018, the following shall apply to
all licensed foster family homes and approved relative and
nonrelative extended family members:
(A) A licensed foster family home, and an approved relative or
nonrelative extended family member with an approved adoptive home
study completed prior to January 1, 2018, shall be deemed to be an
approved resource family.
(B) A licensed foster family home, and an approved relative or
nonrelative extended family member who had a child in placement at
any time, for any length of time, time
between January 1, 2017, and December 31, 2017, inclusive, may be
approved as a resource family on the date of successful completion of
a psychosocial assessment pursuant to subparagraph (B) of paragraph
(2) (3) of subdivision (d).
(C) A county may provide supportive services to all licensed
foster family home providers, relatives, and nonrelative extended
family members with a child in placement to assist with the resource
family transition and to minimize placement disruptions.
(4) All foster family licenses and approvals of a relative or
nonrelative extended family member shall be forfeited by operation of
law on December 31, 2019, except as provided in this paragraph:
(A) All licensed foster family homes that did not have a child in
placement at any time, for any length of time,
time between January 1, 2017, and December 31, 2017,
inclusive, shall forfeit the license by operation of law on January
1, 2018.
(B) For foster family home licensees and approved relatives or
nonrelative extended family members who have a pending resource
family application on December 31, 2019, the foster family home
license or relative and nonrelative extended family member approval
shall be forfeited by operation of law on the date of approval as a
resource family. If approval is denied, forfeiture by operation of
law shall occur on the date of completion of any proceedings required
by law to ensure due process.
(s)
( p) 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
agency, or a short-term residential treatment
center pursuant to subdivision (b) of Section 11462
11462, shall require applicants and resource
families to meet the resource family approval standards and
requirements set forth in this chapter and in the written directives
adopted pursuant to this chapter prior to approval and in order to
maintain approval.
(t)
( q) 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.
(5) This subdivision shall become inoperative on January 1, 2017.
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.