AB 1997, as amended, 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 wouldbegin insert also provide that the resource family approval process replaces the approval of guardians. The bill wouldend insert 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.
begin insertExisting law requires the State Department of Social Services to develop, implement, and maintain a ratesetting system for foster family agencies that have been granted a specified rate exception extension. Existing law makes these provisions inoperative on January 1, 2018.
end insertbegin insertThis bill would instead make those provision inoperative on January 1, 2019.
end insertbegin insertExisting law requires certain foster care providers, in accordance with the federal Single Audit Act, to annually submit a financial audit on its most recent fiscal period to the State Department of Social Services, and would require the department to provide timely notice to the providers of the date that submission of the financial audits is required. Existing law provides that repeated late financial audits may result in monetary penalties or termination of the provider’s rate.
end insertbegin insertThis bill would delete the requirement that the department provide timely notice of the date that submission of the financial audits is required and would instead require those foster care providers to submit a financial audit pursuant to Generally Accepted Government Auditing Standards. The bill would instead provide that repeated late submission of financial audits, repeat findings in financial audits, or failure to comply with corrective action in a management decision letter may result in monetary penalties or a reduction, suspension, or termination of the provider’s rate.
end insertbegin insertExisting law authorizes the juvenile court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of a minor or nonminor who is adjudged a ward of the court, and provides that, once the court makes a placement order, it is the sole responsibility of the probation agency to determine the appropriate placement for the ward. Existing law requires, if a placement is with a foster family agency or in a short-term residential treatment center and is for longer than 12 months, the placement to be approved by the chief probation officer or his or her designee.
end insertbegin insertThis bill would require, for youth 13 years of age and older, a placement with a foster family agency or in a short-term residential treatment center to be approved by the chief probation officer or his or her designee, only if the placement is longer than 12 months.
end insertExisting 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.
begin insertExisting law requires, on and after January 1, 2017, a foster family agency to have national accreditation, as specified, and requires a short-term residential treatment center to have national accreditation, as specified. Existing law also authorizes, in certain circumstances, the department to extend the term of a foster family agency’s or short-term residential treatment center’s provisional license to 2 years if it determines that additional time is required to secure that accreditation.
end insertbegin insertThis bill would delete that authorization. The bill would specify that a foster family agency licensed before January 1, 2017, has until December 31, 2018, to obtain accreditation, and that a foster family agency licensed on or after January 1, 2017, or a short-term residential treatment center has up to 24 months from the date of licensure to obtain accreditation. The bill would authorize the department to revoke a foster family agency’s or a short-term treatment centers license for failure to obtain accreditation within these timeframes.
end insertExisting 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:
begin insertSection 7911.1 of the end insertbegin insertFamily Codeend insertbegin insert is amended
2to read:end insert
(a) Notwithstanding any other law, the State
4Department of Social Services or its designee shall investigate any
5threat to the health and safety of children placed by a California
6county social services agency or probation department in an
7out-of-state group home pursuant to the provisions of the Interstate
8Compact on the Placement of Children. This authority shall include
9the authority to interview children or staff in private or review
10their file at the out-of-state facility or wherever the child or files
11may be at the time of the investigation. Notwithstanding any other
12law, the State Department of Social Services or its designee shall
13require certified out-of-state group homes to comply with the
14reporting requirements applicable to group homes licensed in
15California pursuant to Title 22 of the California Code of
16
Regulations for each child in care regardless of whether he or she
17is a California placement, by submitting a copy of the required
18reports to the Compact Administrator within regulatory timeframes.
19The Compact Administrator within one business day of receiving
20a serious events report shall verbally notify the appropriate
21placement agencies and within five working days of receiving a
22written report from the out-of-state group home, forward a copy
23of the written report to the appropriate placement agencies.
24(b) Any contract, memorandum of understanding, or agreement
25entered into pursuant to paragraph (b) of Article 5 of the Interstate
26Compact on the Placement of Children regarding the placement
27of a child out of state by a California county social services agency
28or probation department shall include the language set forth in
29subdivision (a).
P5 1(c) (1) The State
Department of Social Services or its designee
2shall perform initial and continuing inspection of out-of-state group
3homes in order to either certify that the out-of-state group home
4meets all licensure standards required of group homes operated in
5California or that the department has granted a waiver to a specific
6licensing standard upon a finding that there exists no adverse
7impact to health and safety.
8(2) On and after January 1, 2017, the licensing standards
9applicable to out-of-state group homes certified by the department,
10as described in paragraph (1) shall be those required of short-term
11residential treatment centers operated in this state.
12
(3) In order to receive certification, the out-of-state group home
13shall have a current license, or an equivalent approval, in good
14standing issued by
the appropriate authority or authorities of the
15state in which it is operating.
16(3)
end delete
17begin insert(end insertbegin insert4)end insert On and after January 1, 2017, an out-of-state group home
18program shall, in order to receive an AFDC-FC rate, meet the
19requirements of paragraph (2) of subdivision (c) of Section 11460
20of the Welfare and Institutions Code.
21(4)
end delete
22begin insert(end insertbegin insert5)end insert Any failure by an out-of-state group home facility to make
23children or staff available as required by subdivision (a) for a
24private interview or make files available for review shall be
25grounds to deny or discontinue the certification.begin delete Certificationsend delete
26begin insert(6)end insertbegin insert end insertbegin insertCertificationsend insert made pursuant to this subdivision shall be
27reviewed annually.
28(d) A county shall be required to obtain an assessment and
29placement recommendation by a county multidisciplinary team
30prior to placement of a child in an out-of-state
group home facility.
31(e) Any failure by an out-of-state group home to obtain or
32maintain its certification as required by subdivision (c) shall
33preclude the use of any public funds, whether county, state, or
34federal, in the payment for the placement of any child in that
35out-of-state group home, pursuant to the Interstate Compact on
36the Placement of Children.
37(f) (1) A multidisciplinary team shall consist of participating
38members from county social services, county mental health, county
39probation, county superintendents of schools, and other members
40as determined by the county.
P6 1(2) Participants shall have knowledge or experience in the
2prevention, identification, and treatment of child abuse and neglect
3cases, and shall be qualified to recommend a broad range of
4services related to child abuse or
neglect.
5(g) (1) The department may deny, suspend, or discontinue the
6certification of the out-of-state group home if the department makes
7a finding that the group home is not operating in compliance with
8the requirements of subdivision (c).
9(2) Any judicial proceeding to contest the department’s
10determination as to the status of the out-of-state group home
11certificate shall be held in California pursuant to Section 1085 of
12the Code of Civil Procedure.
13(h) The certification requirements of this section shall not impact
14placements of emotionally disturbed children made pursuant to an
15individualized education program developed pursuant to the federal
16Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
17et seq.) if the placement is not funded with federal or state foster
18care funds.
19(i) Only an out-of-state group home authorized by the Compact
20Administrator to receive state funds for the placement by a county
21social services agency or probation department of any child in that
22out-of-state group home from the effective date of this section
23shall be eligible for public funds pending the department’s
24certification under this section.
Section 1501.1 of the Health and Safety Code is
27amended to read:
(a) It is the policy of the state to facilitate the proper
29placement of every child in residential care facilities where the
30placement is in the best interests of the child. A county may require
31placement or licensing agencies, or both placement and licensing
32agencies, to actively seek out-of-home care facilities capable of
33meeting the varied needs of the child. Therefore, in placing children
34in out-of-home care, particular attention should be given to the
35individual child’s needs, the ability of the facility to meet those
36needs, the needs of other children in the facility, the licensing
37requirements of the facility as determined by the licensing agency,
38and the impact of the placement on the family reunification plan.
39(b) Pursuant to this section, children with varying designations
40and varying needs, including, on and after January 1, 2012,
P7 1nonminor dependents, as defined in subdivision (v) of Section
211400 of the Welfare and Institutions Code, except as provided
3by statute, may be placed in the same facility provided the facility
4is licensed, complies with all licensing requirements relevant to
5the protection of the child, and has a special permit, if necessary,
6to meet the needs of each child so placed. A facility may not
7require, as a condition of placement, that a child be identified as
8an individual with exceptional needs as defined by Section 56026
9of the Education Code.
10(c) Neither the requirement for any license nor any regulation
11shall restrict the implementation of the provisions of this
section.
12Implementation of this section does not obviate the requirement
13for a facility to be licensed by the department.
14(d) Pursuant to this section, children with varying designations
15and varying needs, including, on and after January 1, 2012,
16nonminor dependents, as defined in subdivision (v) of Section
1711400 of the Welfare and Institutions Code, except as provided
18by statute, may be placed in the same licensed foster family home
19or with a foster family agency for subsequent placement in a
20certified family home or with a resource family. Children, including
21nonminor dependents, with developmental disabilities, mental
22disorders, or physical disabilities may be placed in licensed foster
23family homes or certified family homes or with resource families,
24provided that an appraisal of the child’s or nonminor dependent’s
25needs and the
ability of the receiving home to meet those needs is
26made jointly by the placement agency and the licensee in the case
27of licensed foster family homes or the placement agency and the
28foster family agency in the case of certified family homes or
29resource families, and is followed by written confirmation prior
30to placement. The appraisal shall confirm that the placement poses
31no threat to any child in the home.
32(e) (1) For purposes of this chapter, the placing of children by
33foster family agencies shall be referred to as “subsequent
34placement” to distinguish the activity from the placing by public
35agencies.
36(2) For purposes of this chapter, and unless otherwise specified,
37references to a “child” shall include a “nonminor dependent” and
38“nonminor former
dependent or ward” as those terms are defined
39in subdivision (v) and paragraph (1) of subdivision (aa) of Section
4011400 of the Welfare and Institutions Code.
Section 1502 of the Health and Safety Code is amended
3to read:
As used in this chapter:
5(a) “Community care facility” means any facility, place, or
6building that is maintained and operated to provide nonmedical
7residential care, day treatment, adult day care, or foster family
8agency services for children, adults, or children and adults,
9including, but not limited to, the physically handicapped, mentally
10impaired, incompetent persons, and abused or neglected children,
11and includes the following:
12(1) “Residential facility” means any family home, group care
13facility, or similar facility determined by thebegin delete director,end deletebegin insert
department,end insert
14 for 24-hour nonmedical care of persons in need of personal
15services, supervision, or assistance essential for sustaining the
16activities of daily living or for the protection of the individual.
17(2) “Adult day program” means any community-based facility
18or program that provides care to persons 18 years of age or older
19in need of personal services, supervision, or assistance essential
20for sustaining the activities of daily living or for the protection of
21these individuals on less than a 24-hour basis.
22(3) “Therapeutic day services facility” means any facility that
23provides nonmedical care, counseling, educational or vocational
24support, or social rehabilitation services on less than a 24-hour
25basis to persons under 18 years of age who
would otherwise be
26placed in foster care or who are returning to families from foster
27care. Program standards for these facilities shall be developed by
28the department, pursuant to Section 1530, in consultation with
29therapeutic day services and foster care providers.
30(4) “Foster family agency” means any public agency or private
31begin delete organizationend deletebegin insert organization, organized and operated on a nonprofit
32basis,end insert engaged inbegin delete the recruiting,end deletebegin insert any of the following:end insert
33begin insert(A)end insertbegin insert end insertbegin insertRecruiting,end insert certifying, approving, and training of, and
34providing professional support to, foster parents and resource
35
begin delete families, or in findingend deletebegin insert families.end insert
36begin insert(end insertbegin insertB)end insertbegin insert end insertbegin insertFindingend insert homes
for the placement of children for temporary
37or permanent care who require that level of care.begin delete Private foster
38family agencies shall be organized and operated on a nonprofit
39basis.end delete
P9 1
(C) Cooperatively matching children with resource families as
2specified in Section 1517.
3(5) begin delete(A)end deletebegin delete end delete“Foster family home” means any residential facility
4providing 24-hour care for six or fewer foster children that is
5owned, leased, or rented and is the residence of the foster parent
6or
parents, including their family, in whose care the foster children
7have been placed. The placement may be by a public or private
8child placement agency or by a court order, or by voluntary
9placement by a parent, parents, or guardian. It also means a foster
10family home described in Section 1505.2.
11(B) On and after January 1, 2017, the department shall not accept
12applications for foster family home licenses.
13(6) “Small family home” means any residential facility, in the
14licensee’s family residence, that provides 24-hour care for six or
15fewer foster children who have mental disorders or developmental
16or physical disabilities and who require special
care and supervision
17as a result of their disabilities. A small family home may accept
18children with special health care needs, pursuant to subdivision
19(a) of Section 17710 of the Welfare and Institutions Code. In
20addition to placing children with special health care needs, the
21department may approve placement of children without special
22health care needs, up to the licensed capacity.
23(7) “Social rehabilitation facility” means any residential facility
24that provides social rehabilitation services for no longer than 18
25months in a group setting to adults recovering from mental illness
26who temporarily need assistance, guidance, or counseling. Program
27components shall be subject to program standards pursuant to
28Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
292 of Division 5 of the Welfare and Institutions Code.
30(8) “Community treatment facility” means any residential
31facility that provides mental health treatment services to children
32in a group setting and that has the capacity to provide secure
33containment. Program components shall be subject to program
34standards developed and enforced by the State Department of
35Health Care Services pursuant to Section 4094 of the Welfare and
36Institutions Code.
37Nothing in this section shall be construed to prohibit or
38discourage placement of persons who have mental or physical
39disabilities into any category of community care facility that meets
P10 1the needs of the individual placed, if the placement is consistent
2with the licensing regulations of the department.
3(9) “Full-service adoption agency” means any
licensed entity
4engaged in the business of providing adoption services, that does
5all of the following:
6(A) Assumes care, custody, and control of a child through
7relinquishment of the child to the agency or involuntary termination
8of parental rights to the child.
9(B) Assesses the birth parents, prospective adoptive parents, or
10child.
11(C) Places children for adoption.
12(D) Supervises adoptive placements.
13Private full-service adoption agencies shall be organized and
14operated on a nonprofit basis. As a condition of licensure to provide
15intercountry adoption services, a full-service adoption agency shall
16be
accredited and in good standing according to Part 96 of Title
1722 of the Code of Federal Regulations, or supervised by an
18accredited primary provider, or acting as an exempted provider,
19in compliance with Subpart F (commencing with Section 96.29)
20of Part 96 of Title 22 of the Code of Federal Regulations.
21(10) “Noncustodial adoption agency” means any licensed entity
22engaged in the business of providing adoption services, that does
23all of the following:
24(A) Assesses the prospective adoptive parents.
25(B) Cooperatively matches children freed for adoption, who are
26under the care, custody, and control of a licensed adoption agency,
27for adoption, with assessed and approved adoptive applicants.
28(C) Cooperatively supervises adoptive placements with a
29full-servicebegin delete adoptiveend deletebegin insert adoptionend insert agency, but does not disrupt a
30placement or remove a child from a placement.
31Private noncustodial adoption agencies shall be organized and
32operated on a nonprofit basis. As a condition of licensure to provide
33intercountry adoption services, a noncustodial adoption agency
34shall be accredited and in good standing according to Part 96 of
35Title 22 of the Code of Federal Regulations, or supervised by an
36accredited primary provider, or acting as an exempted provider,
37in compliance with Subpart F (commencing with Section 96.29)
38of Part 96 of Title 22 of the Code of Federal Regulations.
39(11) “Transitional shelter care facility” means any group care
40facility that provides for 24-hour nonmedical care of persons in
P11 1need of personal services, supervision, or assistance essential for
2sustaining the activities of daily living or for the protection of the
3individual. Program components shall be subject to program
4standards developed by the State Department of Social Services
5pursuant to Section 1502.3.
6(12) “Transitional housing placement provider” means an
7organization licensed by the department pursuant to Section
81559.110 and Section 16522.1 of the Welfare and Institutions Code
9to provide transitional housing to foster children at least 16 years
10of age and not more than 18 years of age, and nonminor
11dependents, as defined in subdivision (v) of Section 11400 of the
12Welfare
and Institutions Code, to promote their transition to
13adulthood. A transitional housing placement provider shall be
14privately operated and organized on a nonprofit basis.
15(13) “Group home” means a residential facility that provides
1624-hour care and supervision to children, delivered at least in part
17by staff employed by the licensee in a structured environment. The
18care and supervision provided by a group home shall be
19nonmedical, except as otherwise permitted by law.
20(14) “Runaway and homeless youth shelter” means a group
21home licensed by the department to operate a program pursuant
22to Section 1502.35 to provide voluntary, short-term, shelter and
23personal services to runaway youth or homeless youth, as defined
24in paragraph (2) of subdivision (a) of Section 1502.35.
25(15) “Enhanced behavioral supports home” means a facility
26certified by the State Department of Developmental Services
27pursuant to Article 3.6 (commencing with Section 4684.80) of
28Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
29and licensed by the State Department of Social Services as an adult
30residential facility or a group home that provides 24-hour
31nonmedical care to individuals with developmental disabilities
32who require enhanced behavioral supports, staffing, and
33supervision in a homelike setting. An enhanced behavioral supports
34home shall have a maximum capacity of four consumers, shall
35conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
36Regulations, and shall be eligible for federal Medicaid home- and
37community-based services funding.
38(16) “Community crisis home” means a facility certified by the
39State Department of Developmental Services pursuant to Article
408 (commencing with Section 4698) of Chapter 6 of Division 4.5
P12 1of the Welfare and Institutions Code, and licensed by the State
2Department of Social Services pursuant to Article 9.7 (commencing
3with Section 1567.80), as an adult residential facility, providing
424-hour nonmedical care to individuals with developmental
5disabilities receiving regional center service, in need of crisis
6intervention services, and who would otherwise be at risk of
7admission to the acute crisis center at Fairview Developmental
8Center, Sonoma Developmental Center, an acute general hospital,
9acute psychiatric hospital, an institution for mental disease, as
10described in Part 5 (commencing with Section 5900) of Division
115 of the Welfare and Institutions Code, or an out-of-state
12placement. A
community crisis home shall have a maximum
13capacity of eight consumers, as defined in subdivision (a) of
14Section 1567.80, shall conform to Section 441.530(a)(1) of Title
1542 of the Code of Federal Regulations, and shall be eligible for
16federal Medicaid home- and community-based services funding.
17(17) “Crisis nursery” means a facility licensed by the department
18to operate a program pursuant to Section 1516 to provide short-term
19care and supervision for children under six years of age who are
20voluntarily placed for temporary care by a parent or legal guardian
21due to a family crisis or stressful situation.
22(18) “Short-term residential treatment center” means a
23residential facility licensed by the department pursuant to Section
241562.01 and operated by any public agency or private
organization
25that provides short-term, specialized, and intensive treatment, and
2624-hour care and supervision to children. The care and supervision
27provided by a short-term residential treatment center shall be
28nonmedical, except as otherwise permitted by law. Private
29short-term residential treatment centers shall be organized and
30operated on a nonprofit basis.
31(b) “Department” or “state department” means the State
32Department of Social Services.
33(c) “Director” means the Director of Social Services.
begin insertSection 1506.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
35amended to read:end insert
(a) A foster family agency shall prepare and maintain
37a current, written plan of operation as required by the department.
38(b) (1) begin deleteOn and after January 1, 2017, a end deletebegin insertA end insertfoster family agency
39shall have national accreditation from an entity identified by the
40department pursuant to the process described in paragraph (8) of
P13 1subdivision (b) of Section 11463 of the Welfare and Institutions
2Code.
3(2) Notwithstanding paragraph (1), the department may issue a
4provisional license to a foster family
agency and may extend the
5term of the provisional license in order for the foster family agency
6to secure accreditation as set forth in subdivision (c) of Section
71525.5.
8
(2) The following applies to a foster family agency licensed
9before January 1, 2017:
10
(A) The foster family agency shall have until December 31,
112018, to obtain accreditation.
12
(B) The foster family agency shall submit documentation of
13accreditation or application for accreditation to the department
14in a time and manner as determined by the department.
15
(C) The foster family
agency shall provide documentation to
16the department reporting its accreditation status as of January 1,
172018, and July 1, 2018, in a time and manner as determined by
18the department.
19
(3) The following applies to a foster family agency licensed on
20or after January 1, 2017:
21
(A) The foster family agency shall have up to 24 months from
22the date of licensure to obtain accreditation.
23
(B) The foster family agency applicant shall submit
24documentation of accreditation or application for accreditation
25with its application for licensure.
26
(C) The foster family agency shall provide documentation to
27the department reporting its accreditation status at 12 months
and
28at 18 months after the date of licensure.
29
(4) This subdivision does not preclude the department from
30requesting additional information from the foster family agency
31regarding its accreditation status.
32
(5) The department may revoke a foster family agency’s license
33pursuant to Article 5 (commencing with Section 1550) for failure
34to obtain accreditation within the timeframes specified in this
35subdivision.
36(c) (1) On and after January 1, 2017, a foster family agency’s
37plan of operation shall demonstrate the foster family agency’s
38ability to support the differing needs of children and their families.
39(2) On and after January 1, 2017, a foster family agency’s plan
40of operation shall contain a plan for the
supervision, evaluation,
P14 1and training of staff. The training plan shall be appropriate to meet
2the needs of children, and it shall be consistent with the training
3provided to resource families as set forth in Section 16519.5 of
4the Welfare and Institutions Code.
5(3) In addition to complying with the rules and regulations
6adopted pursuant to this chapter, on and after January 1, 2017, a
7foster family agency’s plan of operation shall include a program
8statement. The program statement shall contain a description of
9all of the following:
10(A) The core services and supports, as set forth in paragraph
11(5) of subdivision (b) of Section 11463 of the Welfare and
12Institutions Code, and as prescribed by the department, to be
13offered to children and their families, as appropriate or as
14necessary.
15(B) The treatment practices that
will be used in serving children
16and families.
17(C) The procedures for the development, implementation, and
18periodic updating of the needs and services plan for children placed
19with the foster family agency or served by the foster family agency,
20and procedures for collaborating with the child and family team
21as described in paragraph (4) of subdivision (a) of Section 16501
22of the Welfare and Institutions Code, that includes, but is not
23limited to, a description of the services to be provided to meet the
24treatment needs of children assessed pursuant to subdivision (d)
25or (e) of Section 11462.01 of the Welfare and Institutions Code.
26(D) How the foster family agency will comply with the resource
27family approval standards and requirements, as set forth in Section
2816519.5 of the Welfare and Institutions Code.
29(E) A description of the population or populations to be served.
30(F) Any other information that may be prescribed by the
31department for the proper administration of this section.
32(d) In addition to the rules and regulations adopted pursuant to
33this chapter, a county licensed to operate a foster family agency
34shall describe, in the plan of operation, its conflict-of-interest
35mitigation plan, on and after January 1, 2017, as set forth in
36subdivision (g) of Section 11462.02 of the Welfare and Institutions
37Code.
38(e) The foster family agency’s plan of operation shall
39demonstrate the foster family agency’s ability to provide treatment
40services to meet the individual needs of children placed in licensed,
P15 1approved, or certified relative and nonrelative foster families, as
2specified in Section 11402 of the Welfare and Institutions
Code.
3(f) The department shall have the authority to inspect a foster
4family agency pursuant to the system of governmental monitoring
5and oversight developed by the department on and after January
61, 2017, pursuant to subdivision (c) of Section 11463 of the
7Welfare and Institutions Code.
8(g) The department shall establish procedures for a county
9review process, at the county’s option, for foster family agencies,
10which may include the review of the foster family agency’s
11program statement, and which shall be established in consultation
12with the County Welfare Directors Association of California, Chief
13Probation Officers of California, and stakeholders, as appropriate.
Section 1517 of the Health and Safety Code is amended
16to read:
(a) (1) Pursuant to subdivision (a) of Section 16519.5
18of the Welfare and Institutions Code, the State Department of
19Social Services, shall implement a unified, family friendly, and
20child-centered resource family approval process to replace the
21existing multiple processes for licensing foster family homes,
22approving relatives and nonrelative extended family members as
23foster care providers, and approvingbegin insert guardians andend insert adoptive
24families.
25(2) For purposes of this section, a “resource family” means an
26individual or family that has successfully met both the home
27
environment assessment and the permanency assessment criteria,
28as set forth in Section 16519.5 of the Welfare and Institutions
29Code, necessary for providing care for a related or unrelated child
30who is under the jurisdiction of the juvenile court, or otherwise in
31the care of a county child welfare agency or probation department.
32(b) (1) A foster family agency shall comply with the provisions
33of this section.
34(2) Notwithstanding any other law, a foster family agency shall
35require its applicants and resource families to meet the resource
36family approval standards set forth in Section 16519.5 of the
37Welfare and Institutions Code, the written directives or regulations
38adopted thereto, and other applicable laws prior to approval and
39in order to
maintain approval.
P16 1(3) A foster family agency shall be responsible for all of the
2following:
3(A) Complying with the applicable provisions of this chapter,
4the regulations for foster family agencies, the resource family
5approval standards and requirements set forth in Section 16519.5
6of the Welfare and Institutions Code, and the applicable written
7directives or regulations adopted thereto by the department.
8(B) Implementing the requirements for the resource family
9approval and utilizing standardized documentation established by
10the department.
11(C) Ensuring staff have the education and experience necessary
12to complete the home environment and
psychosocial assessments
13competently.
14(D) Taking the following actions, as applicable:
15(i) Approving or denying resource family applications.
16(ii) Rescinding approvals of resource families.
17(E) Providing to the department a log of resource families that
18were approved or rescinded during the month by the 10th day of
19the following month. For purposes of subdivision (d) of Section
201536, a certified family home includes a resource family approved
21by the foster family agency pursuant to this section.
22(F) (i) Updating resource family approval annually.
23(ii) A foster family agency shall conduct an announced
24inspection of a resource family home during the annual update in
25order to ensure that the resource family is conforming to all
26applicable laws and the written directives or regulations adopted
27pursuant to Section 16519.5 of the Welfare and Institutions Code.
28(G) Monitoring resource families through all of the following:
29(i) Ensuring that social workers who identify a condition in the
30home that may not meet the resource family approval standards
31while in the course of a routine visit to children subsequently
32placed with a resource family take appropriate action as needed.
33(ii) Requiring resource families to comply with corrective action
34plans as necessary to correct
identified deficiencies. If corrective
35action is not completed as specified in the plan, the foster family
36agency or the department may rescind the approval of the resource
37family in accordance with the written directives or regulations
38adopted pursuant to Section 16519.5 of the Welfare and Institutions
39Code.
P17 1(iii) Requiring resource families to report to the foster family
2agency any incidents as specified in the written directives or
3regulations adopted pursuant to Section 16519.5 of the Welfare
4and Institutions Code.
5(iv) Inspecting resource family homes as often as necessary to
6ensure the quality of care provided.
7(H) Performing corrective action as required by the department.
8(I) Submitting information and data that the department
9determines is necessary to study, monitor, and prepare the report
10specified in paragraph (6) of subdivision (f) of Section 16519.5 of
11the Welfare and Institutions Code.
12(J) (i) Ensuring applicants and resource families meet the
13training requirements, and, if applicable, the specialized training
14requirements set forth in Section 16519.5 of the Welfare and
15Institutions Code.
16(ii) Nothing in this section shall preclude a foster family agency
17from requiring resource family training in excess of the
18requirements in this section.
19
(4) A foster family agency may
cooperatively match a child who
20is under the care, custody, and control of a county with a resource
21family for initial placement.
22(c) In addition to subdivision (f) of Section 16519.5 of the
23Welfare and Institutions Code, the State Department of Social
24Services shall be responsible for all of the following:
25(1) Requiring foster family agencies to monitor resource
26families, including, but not limited to, developing and monitoring
27resource family corrective action plans to correct identified
28deficiencies and to rescind resource family approval if compliance
29with a corrective action plan is not achieved.
30(2) Investigating all complaints against a resource family
31approved by a foster family agency and taking any action
it deems
32necessary. This shall include investigating any incidents reported
33about a resource family indicating that the approval standard is
34not being maintained. Complaint investigations shall be conducted
35in accordance with the written directives or regulations adopted
36pursuant to Section 16519.5 of the Welfare and Institutions Code.
37(3) Rescinding approvals of a resource family approved by a
38foster family agency.
39(4) Excluding a resource family parent or other individual from
40presence in a resource family home or licensed community care
P18 1facility, from being a member of the board of directors, an
2executive director, or an officer of a licensed community care
3facility, or prohibiting a licensed community care facility from
4employing the resource family parent or other
individual, if
5appropriate.
6(5) Issuing a temporary suspension order that suspends the
7resource family approval prior to a hearing, when urgent action is
8needed to protect a child from physical or mental abuse,
9abandonment, or any other substantial threat to health or safety.
10
(6) Providing a resource family parent, applicant, excluded
11individual, or individual who is the subject of a criminal record
12exemption decision, requesting review of that decision, with due
13process pursuant to the department’s statutes, regulations, and
14written directives.
15(d) The department may enter and inspect the home of a resource
16family approved by a foster family
agency to secure compliance
17with the resource family approval standards, investigate a
18complaint or incident, or ensure the quality of care provided.
19(e) Nothing in this section or inbegin delete Chapter 5 (commencing with begin insert Section 16519.5 and
20Section 16500) of Part 4 of Division 9end delete
21followingend insert of the Welfare and Institutions Code limits the authority
22of the department to inspect, evaluate, investigate a complaint or
23incident, or initiate a disciplinary action against a foster family
24agency pursuant to this chapter or to take any action it may deem
25necessary for the health and safety of childrenbegin delete subsequentlyend delete placed
26
with the foster family agency.
27(f) For purposes of paragraph (3) of subdivision (b) of Section
281523.1, a certified family home includes a resource family
29approved by a foster family agency pursuant to this section.
30
(g) (1) The applicable certification and oversight processes
31shall continue to be administered for foster homes certified by a
32foster family agency prior to January 1, 2017, until the certification
33is revoked or forfeited by operation of law pursuant to this
34subdivision.
35
(2) A foster family agency shall approve or deny all certified
36family home applications received on or before December 31,
372016, in accordance with this chapter.
38(g) (1)
end delete
39begin insert(3)end insertbegin insert end insert On and after January 1, 2017,begin delete all licensed foster family begin insert a foster family agency shall not accept applications to
40agenciesend delete
P19 1certify foster homes andend insert shall approve resource families in lieu of
2certifying foster homes.begin delete A foster family agency shall require its
3applicants and resource families to meet the resource family
4approval standards and requirements set forth in Section 16519.5
5of the Welfare and Institutions Code, the written directives or
6regulations adopted thereto, and other applicable laws prior to
7approval and in order to maintain approval.end delete
8(2)
end delete
9begin insert(end insertbegin insert4)end insert No later than July 1, 2017, each foster family agency shall
10provide the following information to all certified family homes:
11(A) A detailed description of the resource family approval
12program.
13(B) Notification that, in order to care for a foster child, resource
14family approval is required by December 31, 2019.
15(C) Notification that a certificate of approval shall be forfeited
16by operation of law as provided for in paragraphbegin delete (5).end deletebegin insert
(7).end insert
17(3)
end delete
18begin insert(end insertbegin insert5)end insert By no later than January 1, 2018, the following shall apply
19to all certified family homes:
20(A) A certified family home with an approved adoptive home
21study, completed prior to January 1, 2018, shall be deemed to be
22an approved resource family.
23(B) A certified family home that had a child in placement for
24any length of time
between January 1, 2017, and December 31,
252017, inclusive, may be approved as a resource family on the date
26of successful completion of a psychosocial assessment pursuant
27to subparagraph (B) of paragraph (3) of subdivision (d) of Section
2816519.5 of the Welfare and Institutions Code.
29(4)
end delete
30begin insert(end insertbegin insert6)end insert A foster family agency may provide supportive services to
31all certified family homes with a child in placement to assist with
32the resource family transition and to minimize placement
33disruptions.
34(5)
end delete
35begin insert(end insertbegin insert7)end insert All certificates of approval shall be forfeited by operation
36of law on December 31, 2019, except as provided in this paragraph:
37(A) begin deleteA end deletebegin insertAll end insertcertified familybegin delete homeend deletebegin insert homesend insert that did not have a child
38in placementbegin delete forend deletebegin insert
atend insert anybegin delete length ofend delete time between January 1, 2017,
39and December 31, 2017, inclusive, shall forfeitbegin insert the certificate of
P20 1approvalend insert by operation of lawbegin delete its certificate of approvalend delete on January
21, 2018.
3(B) Forbegin delete aend delete certified familybegin delete home with aend deletebegin insert homes withend insert pending
4resource familybegin delete applicationend deletebegin insert
applicationsend insert on December 31, 2019,
5the certificate of approval shall be forfeited by operation of law
6on the date of approval as a resource family. If approval is denied,
7forfeiture by operation of law shall occur on the date of completion
8of any proceedings required by law to ensure due process.
begin insertSection 1517.1 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
10to read:end insert
(a) (1) Pursuant to subdivision (a) of Section 16519.5
12of the Welfare and Institutions Code, the State Department of
13Social Services shall implement a unified, family friendly, and
14child-centered resource family approval process to replace the
15existing multiple processes for licensing foster family homes,
16approving relatives and nonrelative extended family members as
17foster care providers, and approving guardians and adoptive
18families.
19
(2) For purposes of this section, a “resource family” means an
20individual or family that has successfully met both the home
21environment assessment and the permanency assessment criteria,
22as set forth in Section 16519.5 of the Welfare and Institutions
23Code, necessary for providing care for
a related or unrelated child
24who is under the jurisdiction of the juvenile court, or otherwise in
25the care of a county child welfare agency or probation department.
26
(b) (1) The applicable licensure and oversight processes shall
27continue to be administered for foster family homes licensed prior
28to January 1, 2017, until the license or approval is revoked or
29forfeited by operation of law pursuant to this section or Section
301524 of the Health and Safety Code.
31
(2) The department shall approve or deny all foster family home
32license applications received on or before December 31, 2016, in
33accordance with this chapter.
34
(3) On and after January 1, 2017, the department shall not
35accept applications to license foster family homes.
36
(4) By no
later than January 1, 2018, the following shall apply
37to all foster family homes:
38
(A) A foster family home with an approved adoptive home study,
39completed prior to January 1, 2018, shall be deemed to be an
40approved resource family.
P21 1
(B) A foster family home that had a child in placement for any
2length of time between January 1, 2017, and December 31, 2017,
3inclusive, may be approved as a resource family on the date of
4successful completion of a psychosocial assessment pursuant to
5subparagraph (B) of paragraph (3) of subdivision (d) of Section
616519.5 of the Welfare and Institutions Code.
7
(5) All foster family home licenses shall be forfeited by operation
8of law on December 31, 2019, except as provided in this
9paragraph:
10
(A) All licensed foster family
homes that did not have a child
11in placement at any time between January 1, 2017, and December
1231, 2017, inclusive, shall forfeit the license by operation of law
13on January 1, 2018.
14
(B) For foster family home licensees who have pending resource
15family applications on December 31, 2019, the foster family home
16license shall be forfeited by operation of law on the date of
17approval as a resource family. If approval is denied, forfeiture by
18operation of law shall occur on the date of completion of any
19proceedings required by law to ensure due process.
Section 1520.1 of the Health and Safety Code is
22amended to read:
In addition to Section 1520, applicants for a group
24home or short-term residential treatment center license shall meet
25the following requirements:
26(a) (1) During the first 12 months of operation, the facility shall
27operate with a provisional license. After eight months of operation,
28the department shall conduct a comprehensive review of the facility
29for compliance with all applicable laws and regulations and help
30develop a plan of correction with the provisional licensee, if
31appropriate. By the end of the 12th month of operation, the
32department shall determine if the permanent license should be
33issued.
34(2) If the
department determines that the group home or
35short-term residential treatment center is in substantial compliance
36with licensing standards, notwithstanding Section 1525.5, the
37department may extend the provisional license for up to an
38additional six months for either of the following reasons:
P22 1(A) The group home or short-term residential treatment center
2requires additional time to be in full compliance with licensing
3standards.
4(B) After 12 months of operation, the group home or short-term
5residential treatment center is not operating at 50 percent of its
6licensed capacity.
7(3) By no later than the first business day of the 17th month of
8operation, the department shall conduct an additional review of a
9facility for
which a provisional license is extended pursuant to
10paragraph (2), in order to determine whether a permanent license
11should be issued.
12(4) At the time of its review pursuant to paragraph (3), the
13department may extend the provisional license for
an additional
14period of time not to exceed a total of 24 months, only if it
15determines that this additional time period is required to secure
16accreditation from an entity identified by the department pursuant
17to the process described in paragraph (6) of subdivision (b) of
18Section 11462 of the Welfare and Institutions Code and provided
19that all other requirements for a license have been met.
20(5)
end delete
21begin insert(end insertbegin insert4)end insert The department may deny a group home or short-term
22residential treatment center license application at any time during
23the
term of the provisional license to protect the health and safety
24of clients. If the department denies the application, the group home
25or short-term residential treatment center shall cease operation
26
immediately. Continued operation of the facility after the
27department denies the application or the provisional license expires
28shall constitute unlicensed operation.
29(6)
end delete
30begin insert(end insertbegin insert5)end insert When the department notifies a city or county planning
31authority pursuant to subdivision (c) of Section 1520.5, the
32department shall briefly describe the provisional licensing process
33and the timelines provided for under that process, as well as provide
34the name, address, and telephone number of the district office
35licensing
the facility where a complaint or comment about the
36group home’s or short-term residential treatment center’s operation
37may be filed.
38(b) (1) After the production of the booklet provided for in
39paragraph (2), every member of the group home’s board of
40directors or governing body and every member of a short-term
P23 1residential treatment center’s board of directors or governing body
2shall, prior to becoming a member of the board of directors or
3governing body sign a statement that he or she understands his or
4her legal duties and obligations as a member of the board of
5directors or governing body and that the group home’s or
6short-term residential treatment center’s operation is governed by
7laws and regulations that are enforced by the department, as set
8forth in the booklet. The applicant, provisional licensee, and
9licensee
shall have this statement available for inspection by the
10department. For members of the board of directors or governing
11body when the booklet is produced, the licensee shall obtain this
12statement by the next scheduled meeting of the board of directors
13or governing body. Compliance with this paragraph shall be a
14condition of licensure.
15(2) The department shall distribute to every group home provider
16and short-term residential treatment center provider, respectively,
17detailed information designed to educate members of the group
18home provider’s or short-term residential treatment center
19provider’s board of directors or governing body of their roles and
20responsibilities as members of a public benefit corporation under
21the laws of this state. The information shall be included in a
22booklet, may be revised as deemed necessary by the department,
23and
shall include, but not be limited to, all of the following:
24(A) The financial responsibilities of a member of the board of
25directors or governing body.
26(B) Disclosure requirements for self-dealing transactions.
27(C) Legal requirements pertaining to articles of incorporation,
28bylaws, length of member terms, voting procedures, board or
29governing body meetings, quorums, minutes of meetings, and, as
30provided for in subdivision (f), member duties.
31(D) A general overview of the laws and regulations governing
32the group home’s or short-term residential treatment center’s
33operation that are enforced by the department.
34(c) All financial records submitted by a facility to the
35department, or that are submitted as part of an audit of the facility,
36including, but not limited to, employee timecards and timesheets,
37shall be signed and dated by the employee and by the group home
38representative or short-term residential treatment center
39representative who is responsible for ensuring the accuracy of the
40information contained in the record, or when a time clock is used,
P24 1the payroll register shall be signed and dated, and those financial
2records shall contain an affirmative statement that the signatories
3understand that the information contained in the document is
4correct to the best of their knowledge and that submission of false
5or misleading information may be prosecuted as a crime.
6(d) An applicant, provisional licensee, or licensee shall maintain,
7submit,
and sign financial documents to verify the legitimacy and
8accuracy of these documents. These documents include, but are
9not limited to, the group home or short-term residential treatment
10center application, any financial documents and plans of corrections
11submitted to the department, andbegin delete time sheets.end deletebegin insert timesheets.end insert
12(e) (1) It is the intent of the Legislature that a group home or
13short-term residential treatment center have either representatives
14on its board of directors, as listed in paragraph (2), or a community
15advisory board, that meets at least annually.
16(2) The representatives on the board of
directors or the
17community advisory board members should consist of at least the
18
following persons:
19(A) A member of the facility’s board of directors.
20(B) Members of the community where the facility is located.
21(C) Neighbors of the facility.
22(D) Current or former clients of the facility.
23(E) A representative from a local law enforcement or other city
24or county representative.
25(f) Each group home or short-term residential treatment center
26provider shall schedule and conduct quarterly meetings of its board
27of directors or governing body. During these quarterly meetings,
28the board of directors or governing body
shall review and discuss
29licensing reports, financial and program audit reports of its group
30home or short-term residential treatment center operations, special
31incident reports, and any administrative action against the licensee
32or its employees. The minutes shall reflect the board’s or governing
33body’s discussion of these documents and the group home’s or
34short-term residential treatment center’s operation. The licensee
35shall make available the minutes of group home’s or short-term
36residential treatment center’s board of directors or governing body
37meetings to the department.
Section 1525.5 of the Health and Safety Code is
40amended to read:
(a) The department may issue provisional licenses to
2operate community care facilities for facilities thatbegin delete the directorend deletebegin insert itend insert
3 determines are in substantial compliance with this chapter and the
4rules and regulations adopted pursuant to this chapter, provided
5that no life safety risks are involved, as determined by thebegin delete director.end delete
6begin insert department.end insert In determining whether any life safety risks are
7involved, thebegin delete directorend deletebegin insert
departmentend insert shall require completion of all
8applicable fire clearances and criminal record clearances as
9otherwise required by the department’s rules and regulations. The
10provisional license shall expire six months from the date of
11issuance, or at any earlier time as thebegin delete directorend deletebegin insert departmentend insert may
12determine, and may not be renewed. However, thebegin delete directorend delete
13begin insert departmentend insert may extend the term of a provisional license for an
14additional six months at time of application, if it is determined that
15more than six months will be required to achieve full
compliance
16with licensing standards due to circumstances beyond the control
17of the applicant, provided all other requirements for a license have
18been met.
19(b) This section shall not apply to foster family homes.
20(c) The department may extend the term of a provisional license
21issued to a foster family agency beyond the time limits specified
22in subdivision (a), not to exceed
a total of 24 months, if it
23determines that this additional time is required to secure
24accreditation from an entity identified by the department pursuant
25to paragraph (8) of subdivision (b) of Section 11463 of the Welfare
26and Institutions Code and provided that all other requirements for
27a license have been met.
Section 1562.01 of the Health and Safety Code is
30amended to read:
(a) The department shall license short-term residential
32treatment centers, as defined in paragraph (18) of subdivision (a)
33of Section 1502, pursuant to this chapter. A short-term residential
34treatment center shall comply with all requirements of this chapter
35that are applicable to group homes and to the requirements of this
36section.
37(b) (1) A short-term residential treatment center shall have
38national accreditation from an entity identified by the department
39pursuant to the process described in paragraph (6) of subdivision
40(b) of Section 11462 of the Welfare and Institutions Code.
P26 1(2) Notwithstanding paragraph (1), the department may issue a
2provisional license to a short-term residential treatment center and
3may extend the term of the provisional license not to exceed
a total
4of 24 months in order for the short-term residential treatment center
5to secure accreditation as set forth in subdivision (a) of Section
61520.1.
7
(2) A short-term residential treatment center applicant shall
8submit documentation of accreditation or application for
9accreditation with its application for licensure.
10
(3) A short-term residential treatment center shall have up to
1124 months from the date of licensure to obtain accreditation.
12
(4) A short-term residential treatment center shall provide
13documentation to the department reporting its accreditation status
14at 12 months and at 18 months after the date of licensure.
15
(5) This subdivision does not preclude the department from
16requesting additional information from the short-term residential
17treatment center regarding its accreditation status.
18
(6) The department may revoke a short-term residential
19treatment center’s license pursuant to Article 5 (commencing with
20Section 1550) for failure to obtain accreditation within the
21timeframes specified in this subdivision.
22(c) A short-term residential treatment center shall obtain and
23have in good standing a mental health certification, as set forth in
24Section 4096.5 of the Welfare and Institutions Code.
25(d) (1) A short-term residential treatment center shall prepare
26and maintain a current, written plan of operation as required by
27the
department.
28(2) The plan of operation shall include, but not be limited to,
29all of the following:
30(A) A statement of purposes and goals.
31(B) A plan for the supervision, evaluation, and training of staff.
32The training plan shall be appropriate to meet the needs of staff
33and children.
34(C) A program statement that includes all of the following:
35(i) Description of the short-term residential treatment center’s
36ability to support the differing needs of children and their families
37with short-term, specialized, and intensive treatment.
38(ii) Description of the core services, as set forth in paragraph
39(1) of subdivision (b) of Section 11462 of the Welfare and
P27 1Institutions Code, to be offered to children and their families, as
2appropriate or necessary.
3(iii) Procedures for the development, implementation, and
4periodic updating of the needs and services plan for children served
5by the short-term residential treatment center and procedures for
6collaborating with the child and family team described in paragraph
7(4) of subdivision (a) of Section 16501 of the Welfare and
8Institutions Code, that include, but are not limited to, a description
9of the services to be provided to meet the treatment needs of the
10child as assessed, pursuant to subdivision (d) or (e) of Section
1111462.01 of the Welfare and Institutions Code, the anticipated
12duration of the treatment, and the
timeframe and plan for
13transitioning the child to abegin delete less-restrictiveend deletebegin insert less restrictiveend insert family
14environment.
15(iv) A description of the population or populations to be served.
16(v) Any other information that may be prescribed by the
17department for the proper administration of this section.
18(e) In addition to the rules and regulations adopted pursuant to
19this chapter, a county licensed to operate a short-term residential
20treatment center shall describe, in the plan of operation, its conflict
21of interest mitigation plan, as set forth in subdivision (g) of
Section
2211462.02 of the Welfare and Institutions Code.
23(f) The department shall establish procedures for a county review
24process, at the county’s option, for short-term residential treatment
25centers, which may include the review of the short-term residential
26treatment center’s program statement, and which shall be
27established in consultation with the County Welfare Directors
28Association of California, Chief Probation Officers of California,
29and stakeholders, as appropriate.
30(g) (1) The department shall adopt regulations to establish
31requirements for the education, qualification, and training of facility
32managers and staff who provide care and supervision to children
33or who have regular, direct contact with children in the course of
34their responsibilities in
short-term residential treatment centers
35consistent with the intended role of these facilities to provide
36short-term, specialized, and intensive treatment.
37(2) Requirements shall include, but not be limited to, all of the
38following:
39(A) Staff classifications.
P28 1(B) Specification of the date by which employees shall be
2required to meet the education and qualification requirements.
3(C) Any other requirements that may be prescribed by the
4department for the proper administration of this section.
5(h) The department shall adopt regulations to specify training
6requirements for staff who provide care and
supervision to children
7or who have regular, direct contact with children in the course of
8their responsibilities. These requirements shall include the
9following:
10(1) Timeframes for completion of training, including the
11following:
12(A) Training that shall be completed prior to unsupervised care
13of children.
14(B) Training to be completed within the first 180 days of
15employment.
16(C) Training to be completed annually.
17(2) Topics to be covered in the training shall include, but are
18not limited to, the following:
19(A) Child
and adolescent development, including sexual
20orientation, gender identity, and gender expression.
21(B) The effects of trauma, including grief and loss, and child
22abuse and neglect on child development and behavior and methods
23to behaviorally support children impacted by that trauma or child
24abuse and neglect.
25(C) The rights of a child in foster care, including the right to
26have fair and equal access to all available services, placement,
27care, treatment, and benefits, and to not be subjected to
28discrimination or harassment on the basis of actual or perceived
29race, ethnic group identification, ancestry, national origin, color,
30religion, sex, sexual orientation, gender identity, mental or physical
31disability, or HIV status.
32(D) Positive discipline and the importance of self-esteem.
33(E) Core practice model.
34(F) An overview of the child welfare and probation systems.
35(G) Reasonable and prudent parent standard.
36(H) Instruction on cultural competency and sensitivity and
37related best practices for providing adequate care for children
38across diverse ethnic and racial backgrounds, as well as children
39identifying as lesbian, gay, bisexual, or transgender.
P29 1(I) Awareness and identification of commercial sexual
2exploitation and best practices for providing care and supervision
3to commercially sexually exploited children.
4(J) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
5et seq.), its historical significance, the rights of children covered
6by the act, and the best interests of Indian children, including the
7role of the caregiver in supporting culturally appropriate child
8centered practices that respect Native American history, culture,
9retention of tribal membership, and connection to the tribal
10community and traditions.
11(K) Permanence, well-being, and educational needs of children.
12(L) Basic instruction on existing laws and procedures regarding
13the safety of foster youth at school; and ensuring a harassment and
14violence free school environment pursuant to Article 3.6
15
(commencing with Section 32228) of Chapter 2 of Part 19 of
16Division 1 of Title 1 of the Education Code.
17(M) Best practices for providing care and supervision to
18nonminor dependents.
19(N) Health issues in foster care.
20(O) Physical and psychosocial needs of children, including
21behavior management, deescalation techniques, and
22trauma-informed crisis management planning.
23(i) (1) Each person employed as a facility manager or staff
24member of a short-term residential treatment center, who provides
25direct care and supervision to children and youth residing in the
26short-term residential treatment center shall be at least 21 years of
27age.
28(2) This subdivision shall not apply to a facility manager or staff
29member employed, before October 1, 2014, at a short-term
30residential treatment center which was operating under a group
31home license prior to January 1, 2016.
32(j) Notwithstanding any other section of this chapter, the
33department may establish requirements for licensed group homes
34that are transitioning to short-term residential treatment centers,
35which may include, but not be limited to, requirements related to
36application and plan of operation.
37(k) A short-term residential treatment center shall have a
38qualified and certified administrator, as set forth in Section
391522.41.
P30 1(l) The
department shall have the authority to inspect a
2short-term residential treatment center pursuant to the system of
3governmental monitoring and oversight developed by the
4department pursuant to subdivision (c) of Section 11462 of the
5Welfare and Institutions Code.
begin insertSection 361.2 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
7as added by Section 48 of
Chapter 773 of the Statutes of 2015, is
8amended to read:end insert
(a) When a court orders removal of a child pursuant to
10Section 361, the court shall first determine whether there is a parent
11of the child, with whom the child was not residing at the time that
12the events or conditions arose that brought the child within the
13provisions of Section 300, who desires to assume custody of the
14child. If that parent requests custody, the court shall place the child
15with the parent unless it finds that placement with that parent would
16be detrimental to the safety, protection, or physical or emotional
17well-being of the child. The fact that the parent is enrolled in a
18certified substance abuse treatment facility that allows a dependent
19child to reside with his or her parent shall not be, for that reason
20alone, prima facie evidence that placement with that parent would
21be detrimental.
22(b) If the court places the child with that parent it may do any
23of the following:
24(1) Order that the parent become legal and physical custodian
25of the child. The court may also provide reasonable visitation by
26the noncustodial parent. The court shall then terminate its
27jurisdiction over the child. The custody order shall continue unless
28modified by a subsequent order of the superior court. The order
29of the juvenile court shall be filed in any domestic relation
30proceeding between the parents.
31(2) Order that the parent assume custody subject to the
32jurisdiction of the juvenile court and require that a home visit be
33conducted within three months. In determining whether to take
34the action described in this paragraph, the court shall consider any
35concerns that have been raised by the child’s current caregiver
36regarding the
parent. After the social worker conducts the home
37visit and files his or her report with the court, the court may then
38take the action described in paragraph (1), (3), or this paragraph.
39However, nothing in this paragraph shall be interpreted to imply
40that the court is required to take the action described in this
P31 1paragraph as a prerequisite to the court taking the action described
2in either paragraph (1) or (3).
3(3) Order that the parent assume custody subject to the
4supervision of the juvenile court. In that case the court may order
5that reunification services be provided to the parent or guardian
6from whom the child is being removed, or the court may order that
7services be provided solely to the parent who is assuming physical
8custody in order to allow that parent to retain later custody without
9court supervision, or that services be provided to both parents, in
10which case the court shall determine, at review hearings held
11pursuant to
Section 366, which parent, if either, shall have custody
12of the child.
13(c) The court shall make a finding either in writing or on the
14record of the basis for its determination under subdivisions (a) and
15(b).
16(d) Part 6 (commencing with Section 7950) of Division 12 of
17the Family Code shall apply to the placement of a child pursuant
18to paragraphs (1) and (2) of subdivision (e).
19(e) When the court orders removal pursuant to Section 361, the
20court shall order the care, custody, control, and conduct of the
21child to be under the supervision of the social worker who may
22place the child in any of the following:
23(1) The home of a noncustodial parent as described in
24subdivision (a), regardless of the parent’s immigration status.
25(2) The approved home of a relative, regardless of the relative’s
26immigration status.
27(3) The approved home of a nonrelative extended family
28member as defined in Section 362.7.
29(4) The approved home of a resource family as defined in
30Section 16519.5.
31(5) A foster home considering first a foster home in which the
32child has been placed before an interruption in foster care, if that
33placement is in the best interest of the child and space is available.
34(6) A home or facility in accordance with the federal Indian
35Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
36(7) A suitable licensed community care facility, except a
37runaway and
homeless youth shelter licensed by the State
38Department of Social Services pursuant to Section 1502.35 of the
39Health and Safety Code.
P32 1(8) With a foster family agency, as defined in subdivision (g)
2of Section 11400 and paragraph (4) of subdivision (a) of Section
31502 of the Health and Safety Code, to be placed in a suitable
4family home certified or approved by the agency.
5(9) A child of any age who is placed in a community care facility
6licensed as a group home for children or a short-term residential
7treatment center, as defined in subdivision (ad) of Section 11400
8and paragraph (18) of subdivision (a) of Section 1502 of the Health
9and Safety Code, shall have a case plan that indicates that
10placement is for purposes of providing short term, specialized, and
11intensive treatment for the child, the case plan specifies the need
12for, nature of, and anticipated duration of this
treatment, pursuant
13to paragraph (2) of subdivision (c) of Section 16501.1, and the
14case plan includes transitioning the child to a less restrictive
15environment and the projected timeline by which the child will be
16transitioned to a less restrictive environment. If the placement is
17longer than six months, the placement shall be documented
18consistent with paragraph (3) of subdivision (a) of Section 16501.1
19and shall be approved by the deputy director or director of the
20county child welfare department.
21(A) A child under six years of age shall not be placed in a
22community care facility licensed as a group home for children, or
23a short-term residential treatment center, except under the following
24circumstances:
25(i) When the facility meets the applicable regulations adopted
26under Section 1530.8 of the Health and Safety Code and standards
27developed pursuant to Section 11467.1 of this
code, and the deputy
28director or director of the county child welfare department has
29approved the case plan.
30(ii) The short term, specialized, and intensive treatment period
31shall not exceed 120 days, unless the county has made progress
32toward or is actively working toward implementing the case plan
33that identifies the services or supports necessary to transition the
34child to a family setting, circumstances beyond the county’s control
35have prevented the county from obtaining those services or
36supports within the timeline documented in the case plan, and the
37need for additional time pursuant to the case plan is documented
38by the caseworker and approved by a deputy director or director
39of the county child welfare department.
P33 1(iii) To the extent that placements pursuant to this paragraph
2are extended beyond an initial 120 days, the requirements of
3clauses (i) and (ii) shall apply to
each extension. In addition, the
4deputy director or director of the county child welfare department
5shall approve the continued placement no less frequently than
6every 60 days.
7(iv) In addition, when a case plan indicates that placement is
8for purposes of providing family reunificationbegin delete services. Theend delete
9begin insert services, theend insert facility shall offer family reunification services that
10meet the needs of the individual child and his or her family, permit
11parents to have reasonable access to their children 24 hours a day,
12encourage extensive parental involvement in meeting the daily
13needs of their children, and employ staff trained to provide family
14reunification services. In addition, one of the following conditions
15exists:
16(I) The child’s parent is also under the jurisdiction of the court
17and resides in the facility.
18(II) The child’s parent is participating in a treatment program
19affiliated with the facility and the child’s placement in the facility
20facilitates the coordination and provision of reunification services.
21(III) Placement in the facility is the only alternative that permits
22the parent to have daily 24-hour access to the child in accordance
23with the case plan, to participate fully in meeting all of the daily
24needs of the child, including feeding and personal hygiene, and to
25have access to necessary reunification services.
26(B) A child who is 6 to 12 years of age, inclusive, may be placed
27in a community care facility licensed as a group home for children
28or a short-term residential treatment center under the
following
29conditions.
30(i) The short-term, specialized, and intensive treatment period
31shall not exceed six months, unless the county has made progress
32or is actively working toward implementing the case plan that
33identifies the services or supports necessary to transition the child
34to a family setting, circumstances beyond the county’s control
35have prevented the county from obtaining those services or
36supports within the timeline documented in the case plan, and the
37need for additional time pursuant to the case plan is documented
38by the caseworker and approved by a deputy director or director
39of the county child welfare department.
P34 1(ii) To the extent that placements pursuant to this paragraph are
2extended beyond an initial six months, the requirements of this
3subparagraph shall apply to each extension. In addition, the deputy
4director or director of the county child welfare
department shall
5approve the continued placement no less frequently than every 60
6days.
7(10) Any child placed in a short-term residential treatment center
8shall be either of the following:
9(A) A child who has been assessed as meeting one of the
10placement requirements set forth in subdivisions (d) and (e) of
11Section 11462.01.
12(B) A child under 6 years of age who is placed with his or her
13minor parent or for the purpose of reunification pursuant to clause
14(iv) of subparagraph (A) of paragraph (9).
15(11) Nothing in this subdivision shall be construed to allow a
16social worker to place any dependent child outside the United
17States, except as specified in subdivision (f).
18(f) (1) A child under
the supervision of a social worker pursuant
19to subdivision (e) shall not be placed outside the United States
20prior to a judicial finding that the placement is in the best interest
21of the child, except as required by federal law or treaty.
22(2) The party or agency requesting placement of the child outside
23the United States shall carry the burden of proof and shall show,
24by clear and convincing evidence, that placement outside the
25United States is in the best interest of the child.
26(3) In determining the best interest of the child, the court shall
27consider, but not be limited to, the following factors:
28(A) Placement with a relative.
29(B) Placement of siblings in the same home.
30(C) Amount and
nature of any contact between the child and
31the potential guardian or caretaker.
32(D) Physical and medical needs of the dependent child.
33(E) Psychological and emotional needs of the dependent child.
34(F) Social, cultural, and educational needs of the dependent
35child.
36(G) Specific desires of any dependent child who is 12 years of
37age or older.
38(4) If the court finds that a placement outside the United States
39is, by clear and convincing evidence, in the best interest of the
40child, the court may issue an order authorizing the social worker
P35 1to make a placement outside the United States. A child subject to
2this subdivision shall not leave the United States prior to the
3issuance of the order
described in this paragraph.
4(5) For purposes of this subdivision, “outside the United States”
5shall not include the lands of any federally recognized American
6Indian tribe or Alaskan Natives.
7(6) This subdivision shall not apply to the placement of a
8dependent child with a parent pursuant to subdivision (a).
9(g) (1) If the child is taken from the physical custody of the
10child’s parent or guardian and unless the child is placed with
11relatives, the child shall be placed in foster care in the county of
12residence of the child’s parent or guardian in order to facilitate
13reunification of the family.
14(2) In the event that there are no appropriate placements
15available in the parent’s or guardian’s county of residence, a
16placement may be
made in an appropriate place in another county,
17preferably a county located adjacent to the parent’s or guardian’s
18community of residence.
19(3) Nothing in this section shall be interpreted as requiring
20multiple disruptions of the child’s placement corresponding to
21frequent changes of residence by the parent or guardian. In
22determining whether the child should be moved, the social worker
23shall take into consideration the potential harmful effects of
24disrupting the placement of the child and the parent’s or guardian’s
25reason for the move.
26(4) When it has been determined that it is necessary for a child
27to be placed in a county other than the child’s parent’s or guardian’s
28county of residence, the specific reason the out-of-county
29placement is necessary shall be documented in the child’s case
30plan. If the reason the out-of-county placement is necessary is the
31lack of resources in the
sending county to meet the specific needs
32of the child, those specific resource needs shall be documented in
33the case plan.
34(5) When it has been determined that a child is to be placed out
35of county either in a group home or with a foster family agency
36for subsequent placement in a certified foster family home, and
37the sending county is to maintain responsibility for supervision
38and visitation of the child, the sending county shall develop a plan
39of supervision and visitation that specifies the supervision and
40visitation activities to be performed and specifies that the sending
P36 1county is responsible for performing those activities. In addition
2to the plan of supervision and visitation, the sending county shall
3document information regarding any known or suspected dangerous
4behavior of the child that indicates the child may pose a safety
5concern in the receiving county. Upon implementation of the Child
6Welfare Services Case Management System,
the plan of
7supervision and visitation, as well as information regarding any
8known or suspected dangerous behavior of the child, shall be made
9available to the receiving county upon placement of the child in
10the receiving county. If placement occurs on a weekend or holiday,
11the information shall be made available to the receiving county on
12or before the end of the next business day.
13(6) When it has been determined that a child is to be placed out
14of county and the sending county plans that the receiving county
15shall be responsible for the supervision and visitation of the child,
16the sending county shall develop a formal agreement between the
17sending and receiving counties. The formal agreement shall specify
18the supervision and visitation to be provided the child, and shall
19specify that the receiving county is responsible for providing the
20supervision and visitation. The formal agreement shall be approved
21and signed by the sending and receiving
counties prior to placement
22of the child in the receiving county. In addition, upon completion
23of the case plan, the sending county shall provide a copy of the
24completed case plan to the receiving county. The case plan shall
25include information regarding any known or suspected dangerous
26behavior of the child that indicates the child may pose a safety
27concern to the receiving county.
28(h) Whenever the social worker must change the placement of
29the child and is unable to find a suitable placement within the
30county and must place the child outside the county, the placement
31shall not be made until he or she has served written notice on the
32parent or guardian at least 14 days prior to the placement, unless
33the child’s health or well-being is endangered by delaying the
34action or would be endangered if prior notice were given. The
35notice shall state the reasons that require placement outside the
36county. The parent or guardian may object to the
placement not
37later than seven days after receipt of the notice and, upon objection,
38the court shall hold a hearing not later than five days after the
39objection and prior to the placement. The court shall order
P37 1out-of-county placement if it finds that the child’s particular needs
2require placement outside the county.
3(i) If the court has ordered removal of the child from the physical
4custody of his or her parents pursuant to Section 361, the court
5shall consider whether the family ties and best interest of the child
6will be served by granting visitation rights to the child’s
7grandparents. The court shall clearly specify those rights to the
8social worker.
9(j) If the court has ordered removal of the child from the physical
10custody of his or her parents pursuant to Section 361, the court
11shall consider whether there are any siblings under the court’s
12jurisdiction, or any nondependent
siblings in the physical custody
13of a parent subject to the court’s jurisdiction, the nature of the
14relationship between the child and his or her siblings, the
15appropriateness of developing or maintaining the sibling
16relationships pursuant to Section 16002, and the impact of the
17sibling relationships on the child’s placement and planning for
18legal permanence.
19(k) (1) An agency shall ensure placement of a child in a home
20that, to the fullest extent possible, best meets the day-to-day needs
21of the child. A home that best meets the day-to-day needs of the
22child shall satisfy all of the following criteria:
23(A) The child’s caregiver is able to meet the day-to-day health,
24safety, and well-being needs of the child.
25(B) The child’s caregiver is permitted to maintain the least
26restrictive family setting
that promotes normal childhood
27experiences and that serves the day-to-day needs of the child.
28(C) The child is permitted to engage in reasonable,
29age-appropriate day-to-day activities that promote normal
30childhood experiences for the foster child.
31(2) The foster child’s caregiver shall use a reasonable and
32prudent parent standard, as defined in paragraph (2) of subdivision
33(a) of Section 362.04, to determine day-to-day activities that are
34age appropriate to meet the needs of the child. Nothing in this
35section shall be construed to permit a child’s caregiver to permit
36the child to engage in day-to-day activities that carry an
37unreasonable risk of harm, or subject the child to abuse or neglect.
38(l) This section shall become operative on January 1, 2017.
begin insertSection 366.26 of the end insertbegin insertWelfare and Institutions Codeend insert
40
begin insert is amended to read:end insert
(a) This section applies to children who are adjudged
2dependent children of the juvenile court pursuant to subdivision
3(d) of Section 360. The procedures specified herein are the
4exclusive procedures for conducting these hearings; Part 2
5(commencing with Section 3020) of Division 8 of the Family Code
6is not applicable to these proceedings. Section 8616.5 of the Family
7Code is applicable and available to all dependent children meeting
8the requirements of that section, if the postadoption contact
9agreement has been entered into voluntarily. For children who are
10adjudged dependent children of the juvenile court pursuant to
11subdivision (d) of Section 360, this section and Sections 8604,
128605, 8606, and 8700 of the Family Code and Chapter 5
13(commencing with Section 7660) of Part 3 of Division 12 of the
14Family Code specify the
exclusive procedures for permanently
15terminating parental rights with regard to, or establishing legal
16guardianship of, the child while the child is a dependent child of
17the juvenile court.
18(b) At the hearing, which shall be held in juvenile court for all
19children who are dependents of the juvenile court, the court, in
20order to provide stable, permanent homes for these children, shall
21review the report as specified in Section 361.5, 366.21, 366.22, or
22366.25, shall indicate that the court has read and considered it,
23shall receive other evidence that the parties may present, and then
24shall make findings and orders in the following order of preference:
25(1) Terminate the rights of the parent or parents and order that
26the child be placed for adoption and, upon the filing of a petition
27for adoption in the juvenile court, order that a hearing be set. The
28court shall proceed with the
adoption after the appellate rights of
29the natural parents have been exhausted.
30(2) Order, without termination of parental rights, the plan of
31tribal customary adoption, as described in Section 366.24, through
32tribal custom, traditions, or law of the Indian child’s tribe, and
33upon the court affording the tribal customary adoption order full
34faith and credit at the continued selection and implementation
35hearing, order that a hearing be set pursuant to paragraph (2) of
36subdivision (e).
37(3) Appoint a relative or relatives with whom the child is
38currently residing as legal guardian or guardians for the child, and
39order that letters of guardianship issue.
P39 1(4) On making a finding under paragraph (3) of subdivision (c),
2identify adoption or tribal customary adoption as the permanent
3placement goal and order that efforts be
made to locate an
4appropriate adoptive family for the child within a period not to
5exceed 180 days.
6(5) Appoint a nonrelative legal guardian for the child and order
7that letters of guardianship issue.
8(6) Order that the child be permanently placed with a fit and
9willing relative, subject to the periodic review of the juvenile court
10under Section 366.3.
11(7) Order that the child remain in foster care, subject to the
12conditions described in paragraph (4) of subdivision (c) and the
13periodic review of the juvenile court under Section 366.3.
14In choosing among the above alternatives the court shall proceed
15pursuant to subdivision (c).
16(c) (1) If the court determines, based on the assessment
provided
17as ordered under subdivision (i) of Section 366.21, subdivision (b)
18of Section 366.22, or subdivision (b) of Section 366.25, and any
19other relevant evidence, by a clear and convincing standard, that
20it is likely the child will be adopted, the court shall terminate
21parental rights and order the child placed for adoption. The fact
22that the child is not yet placed in a preadoptive home nor with a
23relative or foster family who is prepared to adopt the child, shall
24not constitute a basis for the court to conclude that it is not likely
25the child will be adopted. A finding under subdivision (b) or
26paragraph (1) of subdivision (e) of Section 361.5 that reunification
27services shall not be offered, under subdivision (e) of Section
28366.21 that the whereabouts of a parent have been unknown for
29six months or that the parent has failed to visit or contact the child
30for six months, or that the parent has been convicted of a felony
31indicating parental unfitness, or, under Section 366.21 or 366.22,
32that the court
has continued to remove the child from the custody
33of the parent or guardian and has terminated reunification services,
34shall constitute a sufficient basis for termination of parental rights.
35Under these circumstances, the court shall terminate parental rights
36unless either of the following applies:
37(A) The child is living with a relative who is unable or unwilling
38to adopt the child because of circumstances that do not include an
39unwillingness to accept legal or financial responsibility for the
40child, but who is willing and capable of providing the child with
P40 1a stable and permanent environment through legal guardianship,
2and the removal of the child from the custody of his or her relative
3would be detrimental to the emotional well-being of the child. For
4purposes of an Indian child, “relative” shall include an “extended
5family member,” as defined in the federal Indian Child Welfare
6Act of 1978 (25 U.S.C. Sec. 1903(2)).
7(B) The court finds a compelling reason for determining that
8termination would be detrimental to the child due to one or more
9of the following circumstances:
10(i) The parents have maintained regular visitation and contact
11with the child and the child would benefit from continuing the
12relationship.
13(ii) A child 12 years of age or older objects to termination of
14parental rights.
15(iii) The child is placed in a residential treatment facility,
16adoption is unlikely or undesirable, and continuation of parental
17rights will not prevent finding the child a permanent family
18placement if the parents cannot resume custody when residential
19care is no longer needed.
20(iv) The child is living with a foster
parent or Indian custodian
21who is unable or unwilling to adopt the child because of
22exceptional circumstances, that do not include an unwillingness
23to accept legal or financial responsibility for the child, but who is
24willing and capable of providing the child with a stable and
25permanent environment and the removal of the child from the
26physical custody of his or her foster parent or Indian custodian
27would be detrimental to the emotional well-being of the child. This
28clause does not apply to any child who is either (I) under six years
29of age or (II) a member of a sibling group where at least one child
30is under six years of age and the siblings are, or should be,
31permanently placed together.
32(v) There would be substantial interference with a child’s sibling
33relationship, taking into consideration the nature and extent of the
34relationship, including, but not limited to, whether the child was
35raised with a sibling in the same home, whether the
child shared
36significant common experiences or has existing close and strong
37bonds with a sibling, and whether ongoing contact is in the child’s
38best interest, including the child’s long-term emotional interest,
39as compared to the benefit of legal permanence through adoption.
P41 1(vi) The child is an Indian child and there is a compelling reason
2for determining that termination of parental rights would not be
3in the best interest of the child, including, but not limited to:
4(I) Termination of parental rights would substantially interfere
5with the child’s connection to his or her tribal community or the
6child’s tribal membership rights.
7(II) The child’s tribe has identified guardianship, foster care
8with a fit and willing relative, tribal customary adoption, or another
9planned permanent living arrangement for the
child.
10(III) The child is a nonminor dependent, and the nonminor and
11the nonminor’s tribe have identified tribal customary adoption for
12the nonminor.
13(C) For purposes of subparagraph (B), in the case of tribal
14customary adoptions, Section 366.24 shall apply.
15(D) If the court finds that termination of parental rights would
16be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
17(v), or (vi), it shall state its reasons in writing or on the record.
18(2) The court shall not terminate parental rights if:
19(A) At each hearing at which the court was required to consider
20reasonable efforts or services, the court has found that reasonable
21efforts were not made or that reasonable
services were not offered
22or provided.
23(B) In the case of an Indian child:
24(i) At the hearing terminating parental rights, the court has found
25that active efforts were not made as required in Section 361.7.
26(ii) The court does not make a determination at the hearing
27terminating parental rights, supported by evidence beyond a
28reasonable doubt, including testimony of one or more “qualified
29expert witnesses” as defined in Section 224.6, that the continued
30custody of the child by the parent is likely to result in serious
31emotional or physical damage to the child.
32(iii) The court has ordered tribal customary adoption pursuant
33to Section 366.24.
34(3) If the court finds that termination of
parental rights would
35not be detrimental to the child pursuant to paragraph (1) and that
36the child has a probability for adoption but is difficult to place for
37adoption and there is no identified or available prospective adoptive
38parent, the court may identify adoption as the permanent placement
39goal and without terminating parental rights, order that efforts be
40made to locate an appropriate adoptive family for the child, within
P42 1the state or out of the state, within a period not to exceed 180 days.
2During this 180-day period, the public agency responsible for
3seeking adoptive parents for each child shall, to the extent possible,
4ask each child who is 10 years of age or older, to identify any
5individuals, other than the child’s siblings, who are important to
6the child, in order to identify potential adoptive parents. The public
7agency may ask any other child to provide that information, as
8appropriate. During the 180-day period, the public agency shall,
9to the extent possible, contact other private and public
adoption
10agencies regarding the availability of the child for adoption. During
11the 180-day period, the public agency shall conduct the search for
12adoptive parents in the same manner as prescribed for children in
13Sections 8708 and 8709 of the Family Code. At the expiration of
14this period, another hearing shall be held and the court shall
15proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision
16(b). For purposes of this section, a child may only be found to be
17difficult to place for adoption if there is no identified or available
18prospective adoptive parent for the child because of the child’s
19membership in a sibling group, or the presence of a diagnosed
20medical, physical, or mental handicap, or the child is seven years
21of age or more.
22(4) (A) If the court finds that adoption of the child or
23termination of parental rights is not in the best interest of the child,
24because one of the conditions in clause (i),
(ii), (iii), (iv), (v), or
25(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
26applies, the court shall order that the present caretakers or other
27appropriate persons shall become legal guardians of the child, or,
28in the case of an Indian child, consider a tribal customary adoption
29pursuant to Section 366.24. Legal guardianship shall be considered
30before continuing the child in foster care under any other permanent
31plan, if it is in the best interests of the child and if a suitable
32guardian can be found. If the child continues in foster care, the
33court shall make factual findings identifying any barriers to
34achieving adoption, tribal customary adoption in the case of an
35Indian child, legal guardianship, or placement with a fit and willing
36relative as of the date of the hearing. A child who is 10 years of
37age or older, shall be asked to identify any individuals, other than
38the child’s siblings, who are important to the child, in order to
39identify potential guardians or, in the case of an Indian
child,
P43 1prospective tribal customary adoptive parents. The agency may
2ask any other child to provide that information, as appropriate.
3(B) (i) If the child is living with an approved relative who is
4willing and capable of providing a stable and permanent
5environment, but not willing to become a legal guardian as of the
6hearing date, the court shall order a permanent plan of placement
7with a fit and willing relative, and the child shall not be removed
8from the home if the court finds the removal would be seriously
9detrimental to the emotional well-being of the child because the
10child has substantial psychological ties to the relative caretaker.
11(ii) If the child is living with a nonrelative caregiver who is
12willing and capable of providing a stable and permanent
13environment, but not willing to become a legal guardian as of the
14hearing date, the court shall
order that the child remain in foster
15care with a permanent plan of return home, adoption, legal
16guardianship, or placement with a fit and willing relative, as
17appropriate. If the child is 16 years of age or older, or a nonminor
18dependent, and no other permanent plan is appropriate at the time
19of the hearing, the court may order another planned permanent
20living arrangement, as described in paragraph (2) of subdivision
21(i) of Section 16501. Regardless of the age of the child, the child
22shall not be removed from the home if the court finds the removal
23would be seriously detrimental to the emotional well-being of the
24child because the child has substantial psychological ties to the
25caregiver.
26(iii) If the child is living in a group home or, on or after January
271, 2017, a short-term residential treatment center, the court shall
28order that the child remain in foster care with a permanent plan of
29return home, adoption, tribal customary adoption in
the case of an
30Indian child, legal guardianship, or placement with a fit and willing
31relative, as appropriate. If the child is 16 years of age or older, or
32a nonminor dependent, and no other permanent plan is appropriate
33at the time of the hearing, the court may order another planned
34permanent living arrangement, as described in paragraph (2) of
35subdivision (i) of Section 16501.
36(C) The court shall also make an order for visitation with the
37parents or guardians unless the court finds by a preponderance of
38the evidence that the visitation would be detrimental to the physical
39or emotional well-being of the child.
P44 1(5) If the court finds that the child should not be placed for
2adoption, that legal guardianship shall not be established, that
3placement with a fit and willing relative is not appropriate as of
4the hearing date, and that there are no suitable foster parents except
5
exclusive-use homes available to provide the child with a stable
6and permanent environment, the court may order the care, custody,
7and control of the child transferred from the county welfare
8department to a licensed foster family agency. The court shall
9consider the written recommendation of the county welfare director
10regarding the suitability of the transfer. The transfer shall be subject
11to further court orders.
12The licensed foster family agency shall place the child in a
13suitable licensed or exclusive-use home that has been certified by
14the agency as meeting licensing standards. The licensed foster
15family agency shall be responsible for supporting the child and
16providing appropriate services to the child, including those services
17ordered by the court. Responsibility for the support of the child
18shall not, in and of itself, create liability on the part of the foster
19family agency to third persons injured by the child. Those children
20whose care, custody, and
control are transferred to a foster family
21agency shall not be eligible for foster care maintenance payments
22or child welfare services, except for emergency response services
23pursuant to Section 16504.
24(d) The proceeding for the appointment of a guardian for a child
25who is a dependent of the juvenile court shall be in the juvenile
26court. If the court finds pursuant to this section that legal
27guardianship is the appropriate permanent plan, it shall appoint
28the legal guardian and issue letters of guardianship. The assessment
29prepared pursuant to subdivision (g) of Section 361.5, subdivision
30(i) of Section 366.21, subdivision (b) of Section 366.22, and
31subdivision (b) of Section 366.25 shall be read and considered by
32the court prior to the appointment, and this shall be reflected in
33the minutes of the court. The person preparing the assessment may
34be called and examined by any party to the proceeding.
35(e) (1) The proceeding for the adoption of a child who is a
36dependent of the juvenile court shall be in the juvenile court if the
37court finds pursuant to this section that adoption is the appropriate
38permanent plan and the petition for adoption is filed in the juvenile
39court. Upon the filing of a petition for adoption, the juvenile court
40shall order that an adoption hearing be set. The court shall proceed
P45 1with the adoption after the appellate rights of the natural parents
2have been exhausted. The full report required by Section 8715 of
3the Family Code shall be read and considered by the court prior
4to the adoption and this shall be reflected in the minutes of the
5court. The person preparing the report may be called and examined
6by any party to the proceeding. It is the intent of the Legislature,
7pursuant to this subdivision, to give potential adoptive parents the
8 option of filing in the juvenile court the petition for the
adoption
9of a child who is a dependent of the juvenile court. Nothing in this
10section is intended to prevent the filing of a petition for adoption
11in any other court as permitted by law, instead of in the juvenile
12court.
13(2) In the case of an Indian child, if the Indian child’s tribe has
14elected a permanent plan of tribal customary adoption, the court,
15upon receiving the tribal customary adoption order will afford the
16tribal customary adoption order full faith and credit to the same
17extent that the court would afford full faith and credit to the public
18acts, records, judicial proceedings, and judgments of any other
19entity. Upon a determination that the tribal customary adoption
20order may be afforded full faith and credit, consistent with Section
21224.5, the court shall thereafter order a hearing to finalize the
22adoption be set upon the filing of the adoption petition. The
23prospective tribal customary adoptive parents and the child who
24is the
subject of the tribal customary adoption petition shall appear
25before the court for the finalization hearing. The court shall
26thereafter issue an order of adoption pursuant to Section 366.24.
27(3) If a child who is the subject of a finalized tribal customary
28adoption shows evidence of a developmental disability or mental
29illness as a result of conditions existing before the tribal customary
30adoption to the extent that the child cannot be relinquished to a
31licensed adoption agency on the grounds that the child is considered
32unadoptable, and of which condition the tribal customary adoptive
33parent or parents had no knowledge or notice before the entry of
34the tribal customary adoption order, a petition setting forth those
35facts may be filed by the tribal customary adoptive parent or
36parents with the juvenile court that granted the tribal customary
37adoption petition. If these facts are proved to the satisfaction of
38the juvenile court, it may make an
order setting aside the tribal
39customary adoption order. The set-aside petition shall be filed
40within five years of the issuance of the tribal customary adoption
P46 1order. The court clerk shall immediately notify the child’s tribe
2and the department in Sacramento of the petition within 60 days
3after the notice of filing of the petition. The department shall file
4a full report with the court and shall appear before the court for
5the purpose of representing the child. Whenever a final decree of
6tribal customary adoption has been vacated or set aside, the child
7shall be returned to the custody of the county in which the
8proceeding for tribal customary adoption was finalized. The
9biological parent or parents of the child may petition for return of
10custody. The disposition of the child after the court has entered an
11order to set aside a tribal customary adoption shall include
12consultation with the child’s tribe.
13(f) At the beginning of any proceeding
pursuant to this section,
14if the child or the parents are not being represented by previously
15retained or appointed counsel, the court shall proceed as follows:
16(1) In accordance with subdivision (c) of Section 317, if a child
17before the court is without counsel, the court shall appoint counsel
18unless the court finds that the child would not benefit from the
19appointment of counsel. The court shall state on the record its
20reasons for that finding.
21(2) If a parent appears without counsel and is unable to afford
22counsel, the court shall appoint counsel for the parent, unless this
23representation is knowingly and intelligently waived. The same
24counsel shall not be appointed to represent both the child and his
25or her parent. The public defender or private counsel may be
26appointed as counsel for the parent.
27(3) Private
counsel appointed under this section shall receive a
28reasonable sum for compensation and expenses, the amount of
29which shall be determined by the court. The amount shall be paid
30by the real parties in interest, other than the child, in any
31proportions the court deems just. However, if the court finds that
32any of the real parties in interest are unable to afford counsel, the
33amount shall be paid out of the general fund of the county.
34(g) The court may continue the proceeding for a period of time
35not to exceed 30 days as necessary to appoint counsel, and to
36enable counsel to become acquainted with the case.
37(h) (1) At all proceedings under this section, the court shall
38consider the wishes of the child and shall act in the best interests
39of the child.
P47 1(2) In accordance with Section 349, the child
shall be present
2in court if the child or the child’s counsel so requests or the court
3so orders. If the child is 10 years of age or older and is not present
4at a hearing held pursuant to this section, the court shall determine
5whether the minor was properly notified of his or her right to attend
6the hearing and inquire as to the reason why the child is not present.
7(3) (A) The testimony of the child may be taken in chambers
8and outside the presence of the child’s parent or parents, if the
9child’s parent or parents are represented by counsel, the counsel
10is present, and any of the following circumstances exists:
11(i) The court determines that testimony in chambers is necessary
12to ensure truthful testimony.
13(ii) The child is likely to be intimidated by a formal courtroom
14setting.
15(iii) The child is afraid to testify in front of his or her parent or
16parents.
17(B) After testimony in chambers, the parent or parents of the
18child may elect to have the court reporter read back the testimony
19or have the testimony summarized by counsel for the parent or
20parents.
21(C) The testimony of a child also may be taken in chambers and
22outside the presence of the guardian or guardians of a child under
23the circumstances specified in this subdivision.
24(i) (1) Any order of the court permanently terminating parental
25rights under this section shall be conclusive and binding upon the
26child, upon the parent or parents and upon all other persons who
27have been served with citation by publication or otherwise as
28provided in this chapter.
After making the order, the juvenile court
29shall have no power to set aside, change, or modify it, except as
30provided in paragraph (2), but nothing in this section shall be
31construed to limit the right to appeal the order.
32(2) A tribal customary adoption order evidencing that the Indian
33child has been the subject of a tribal customary adoption shall be
34afforded full faith and credit and shall have the same force and
35effect as an order of adoption authorized by this section. The rights
36and obligations of the parties as to the matters determined by the
37Indian child’s tribe shall be binding on all parties. A court shall
38not order compliance with the order absent a finding that the party
39seeking the enforcement participated, or attempted to participate,
40in good faith, in family mediation services of the court or dispute
P48 1resolution through the tribe regarding the conflict, prior to the
2filing of the enforcement action.
3(3) A child who has not been adopted after the passage of at
4least three years from the date the court terminated parental rights
5and for whom the court has determined that adoption is no longer
6the permanent plan may petition the juvenile court to reinstate
7parental rights pursuant to the procedure prescribed by Section
8388. The child may file the petition prior to the expiration of this
9three-year period if the State Department of Social Services, county
10adoption agency, or licensed adoption agency that is responsible
11for custody and supervision of the child as described in subdivision
12(j) and the child stipulate that the child is no longer likely to be
13adopted. A child over 12 years of age shall sign the petition in the
14absence of a showing of good cause as to why the child could not
15do so. If it appears that the best interests of the child may be
16promoted by reinstatement of parental rights, the court shall order
17that a hearing be held and
shall give prior notice, or cause prior
18notice to be given, to the social worker or probation officer and to
19the child’s attorney of record, or, if there is no attorney of record
20for the child, to the child, and the child’s tribe, if applicable, by
21means prescribed by subdivision (c) of Section 297. The court
22shall order the child or the social worker or probation officer to
23give prior notice of the hearing to the child’s former parent or
24parents whose parental rights were terminated in the manner
25prescribed by subdivision (f) of Section 294 where the
26recommendation is adoption. The juvenile court shall grant the
27petition if it finds by clear and convincing evidence that the child
28is no longer likely to be adopted and that reinstatement of parental
29rights is in the child’s best interest. If the court reinstates parental
30rights over a child who is under 12 years of age and for whom the
31new permanent plan will not be reunification with a parent or legal
32guardian, the court shall specify the factual basis for
its findings
33that it is in the best interest of the child to reinstate parental rights.
34This subdivision is intended to be retroactive and applies to any
35child who is under the jurisdiction of the juvenile court at the time
36of the hearing regardless of the date parental rights were terminated.
37(j) If the court, by order or judgment, declares the child free
38from the custody and control of both parents, or one parent if the
39other does not have custody and control, or declares the child
40eligible for tribal customary adoption, the court shall at the same
P49 1time order the child referred to the State Department of Social
2Services, county adoption agency, or licensed adoption agency for
3adoptive placement by the agency. However, except in the case
4of a tribal customary adoption where there is no termination of
5parental rights, a petition for adoption may not be granted until
6the appellate rights of the natural parents have been exhausted.
7The State
Department of Social Services, county adoption agency,
8or licensed adoption agency shall be responsible for the custody
9and supervision of the child and shall be entitled to the exclusive
10care and control of the child at all times until a petition for adoption
11or tribal customary adoption is granted, except as specified in
12subdivision (n). With the consent of the agency, the court may
13appoint a guardian of the child, who shall serve until the child is
14adopted.
15(k) Notwithstanding any other law, the application of any person
16who, as a relative caretaker or foster parent, has cared for a
17dependent child for whom the court has approved a permanent
18plan for adoption, or who has been freed for adoption, shall be
19given preference with respect to that child over all other
20applications for adoptive placement if the agency making the
21placement determines that the child has substantial emotional ties
22to the relative caretaker or foster parent and removal
from the
23relative caretaker or foster parent would be seriously detrimental
24to the child’s emotional well-being.
25As used in this subdivision, “preference” means that the
26application shall be processed and, if satisfactory, the family study
27shall be completed before the processing of the application of any
28other person for the adoptive placement of the child.
29(l) (1) An order by the court that a hearing pursuant to this
30section be held is not appealable at any time unless all of the
31following apply:
32(A) A petition for extraordinary writ review was filed in a timely
33manner.
34(B) The petition substantively addressed the specific issues to
35be challenged and supported that challenge by an adequate record.
36(C) The petition for extraordinary writ review was summarily
37denied or otherwise not decided on the merits.
38(2) Failure to file a petition for extraordinary writ review within
39the period specified by rule, to substantively address the specific
40issues challenged, or to support that challenge by an adequate
P50 1record shall preclude subsequent review by appeal of the findings
2and orders made pursuant to this section.
3(3) The Judicial Council shall adopt rules of court, effective
4January 1, 1995, to ensure all of the following:
5(A) A trial court, after issuance of an order directing a hearing
6pursuant to this section be held, shall advise all parties of the
7requirement of filing a petition for extraordinary writ review as
8set forth in this subdivision in order to preserve any right to appeal
9in these issues.
This notice shall be made orally to a party if the
10party is present at the time of the making of the order or by
11first-class mail by the clerk of the court to the last known address
12of a party not present at the time of the making of the order.
13(B) The prompt transmittal of the records from the trial court
14to the appellate court.
15(C) That adequate time requirements for counsel and court
16personnel exist to implement the objective of this subdivision.
17(D) That the parent or guardian, or their trial counsel or other
18counsel, is charged with the responsibility of filing a petition for
19extraordinary writ relief pursuant to this subdivision.
20(4) The intent of this subdivision is to do both of the following:
21(A) Make every reasonable attempt to achieve a substantive and
22meritorious review by the appellate court within the time specified
23in Sections 366.21, 366.22, and 366.25 for holding a hearing
24pursuant to this section.
25(B) Encourage the appellate court to determine all writ petitions
26filed pursuant to this subdivision on their merits.
27(5) This subdivision shall only apply to cases in which an order
28to set a hearing pursuant to this section is issued on or after January
291, 1995.
30(m) Except for subdivision (j), this section shall also apply to
31minors adjudged wards pursuant to Section 727.31.
32(n) (1) Notwithstanding Section 8704 of the Family Code or
33any other law, the court, at a hearing held pursuant to this section
34or
anytime thereafter, may designate a current caretaker as a
35prospective adoptive parent if the child has lived with the caretaker
36for at least six months, the caretaker currently expresses a
37commitment to adopt the child, and the caretaker has taken at least
38one step to facilitate the adoption process. In determining whether
39to make that designation, the court may take into consideration
40whether the caretaker is listed in the preliminary assessment
P51 1prepared by the county department in accordance with subdivision
2(i) of Section 366.21 as an appropriate person to be considered as
3an adoptive parent for the child and the recommendation of the
4State Department of Social Services, county adoption agency, or
5licensed adoption agency.
6(2) For purposes of this subdivision, steps to facilitate the
7adoption process include, but are not limited to, the following:
8(A) Applying for an adoption home study.
9(B) Cooperating with an adoption home study.
10(C)
end delete
11begin insert(end insertbegin insertA)end insert Being designated by the court or the adoption agency as the
12adoptive family.
13(D)
end delete14begin insert(end insertbegin insertB)end insert Requesting de facto parent status.
15(E)
end delete16begin insert(end insertbegin insertC)end insert Signing an adoptive placement agreement.
17(F)
end delete
18begin insert(end insertbegin insertD)end insert Engaging in
discussions regarding a postadoption contact
19agreement.
20(G)
end delete
21begin insert(end insertbegin insertE)end insert Working to overcome any impediments that have been
22identified by the State Department of Social Services, county
23adoption agency, or licensed adoption agency.
24(H)
end delete25begin insert(end insertbegin insertF)end insert Attending classes required of prospective adoptive parents.
26(3) Prior to a change in placement and as soon as possible after
27a decision is made to remove a child from the home of a designated
28prospective adoptive parent, the agency shall notify the court, the
29designated prospective adoptive parent or the current caretaker, if
30that caretaker would have met the threshold criteria to be
31designated as a prospective adoptive parent pursuant to paragraph
32(1) on the date of service of this notice, the child’s attorney, and
33the child, if the child is 10 years of age or older, of the proposal
34in the manner described in Section 16010.6.
35(A) Within five court days or seven calendar days, whichever
36is longer, of the date of notification, the child, the child’s attorney,
37or the designated prospective adoptive parent may file a petition
38with the court objecting to the proposal
to remove the child, or the
39court, upon its own motion, may set a hearing regarding the
40proposal. The court may, for good cause, extend the filing period.
P52 1A caretaker who would have met the threshold criteria to be
2designated as a prospective adoptive parent pursuant to paragraph
3(1) on the date of service of the notice of proposed removal of the
4child may file, together with the petition under this subparagraph,
5a petition for an order designating the caretaker as a prospective
6adoptive parent for purposes of this subdivision.
7(B) A hearing ordered pursuant to this paragraph shall be held
8as soon as possible and not later than five court days after the
9petition is filed with the court or the court sets a hearing upon its
10own motion, unless the court for good cause is unable to set the
11matter for hearing five court days after the petition is filed, in
12which case the court shall set the matter for hearing as soon as
13possible. At the hearing, the
court shall determine whether the
14caretaker has met the threshold criteria to be designated as a
15prospective adoptive parent pursuant to paragraph (1), and whether
16the proposed removal of the child from the home of the designated
17prospective adoptive parent is in the child’s best interest, and the
18child may not be removed from the home of the designated
19prospective adoptive parent unless the court finds that removal is
20in the child’s best interest. If the court determines that the caretaker
21did not meet the threshold criteria to be designated as a prospective
22adoptive parent on the date of service of the notice of proposed
23removal of the child, the petition objecting to the proposed removal
24filed by the caretaker shall be dismissed. If the caretaker was
25designated as a prospective adoptive parent prior to this hearing,
26the court shall inquire into any progress made by the caretaker
27towards the adoption of the child since the caretaker was designated
28as a prospective adoptive parent.
29(C) A determination by the court that the caretaker is a
30designated prospective adoptive parent pursuant to paragraph (1)
31or subparagraph (B) does not make the caretaker a party to the
32dependency proceeding nor does it confer on the caretaker any
33standing to object to any other action of the department, county
34adoption agency, or licensed adoption agency, unless the caretaker
35has been declared a de facto parent by the court prior to the notice
36of removal served pursuant to paragraph (3).
37(D) If a petition objecting to the proposal to remove the child
38is not filed, and the court, upon its own motion, does not set a
39hearing, the child may be removed from the home of the designated
40prospective adoptive parent without a hearing.
P53 1(4) Notwithstanding paragraph (3), if the State Department of
2Social Services, county adoption
agency, or licensed adoption
3agency determines that the child must be removed from the home
4of the caretaker who is or may be a designated prospective adoptive
5parent immediately, due to a risk of physical or emotional harm,
6the agency may remove the child from that home and is not
7required to provide notice prior to the removal. However, as soon
8as possible and not longer than two court days after the removal,
9the agency shall notify the court, the caretaker who is or may be
10a designated prospective adoptive parent, the child’s attorney, and
11the child, if the child is 10 years of age or older, of the removal.
12Within five court days or seven calendar days, whichever is longer,
13of the date of notification of the removal, the child, the child’s
14attorney, or the caretaker who is or may be a designated prospective
15adoptive parent may petition for, or the court on its own motion
16may set, a noticed hearing pursuant to paragraph (3). The court
17may, for good cause, extend the filing period.
18(5) Except as provided in subdivision (b) of Section 366.28, an
19order by the court issued after a hearing pursuant to this subdivision
20shall not be appealable.
21(6) Nothing in this section shall preclude a county child
22protective services agency from fully investigating and responding
23to alleged abuse or neglect of a child pursuant to Section 11165.5
24of the Penal Code.
25(7) The Judicial Council shall prepare forms to facilitate the
26filing of the petitions described in this subdivision, which shall
27become effective on January 1, 2006.
begin insertSection 727 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
29amended to read:end insert
(a) (1) If a minor or nonminor is adjudged a ward of the
31court on the ground that he or she is a person described by Section
32601 or 602, the court may make any reasonable orders for the care,
33supervision, custody, conduct, maintenance, and support of the
34minor or nonminor, including medical treatment, subject to further
35order of the court.
36(2) In the discretion of the court, a ward may be ordered to be
37on probation without supervision of the probation officer. The
38court, in so ordering, may impose on the ward any and all
39reasonable conditions of behavior as may be appropriate under
40this disposition. A minor or nonminor who has been adjudged a
P54 1ward of the court on the basis of the commission of any of the
2offenses described in subdivision (b)
or paragraph (2) of
3subdivision (d) of Section 707, Section 459 of the Penal Code, or
4subdivision (a) of Section 11350 of the Health and Safety Code,
5shall not be eligible for probation without supervision of the
6probation officer. A minor or nonminor who has been adjudged a
7ward of the court on the basis of the commission of any offense
8involving the sale or possession for sale of a controlled substance,
9except misdemeanor offenses involving marijuana, as specified in
10Chapter 2 (commencing with Section 11053) of Division 10 of the
11Health and Safety Code, or of an offense in violation of Section
1232625 of the Penal Code, shall be eligible for probation without
13supervision of the probation officer only when the court determines
14that the interests of justice would best be served and states reasons
15on the record for that determination.
16(3) In all other cases, the court shall order the care, custody, and
17control of the minor or nonminor to be under
the supervision of
18the probation officer.
19(4) It is the sole responsibility pursuant to 42 U.S.C. Section
20672(a)(2)(B) of the probation agency to determine the appropriate
21placement for the ward once the court issues a placement order.
22In determination of the appropriate placement for the ward, the
23probation officer shall consider any recommendations of the child
24and family. The probation agency may place the minor or nonminor
25in any of the following:
26(A) The approved home of a relative or the approved home of
27a nonrelative, extended family member, as defined in Section
28362.7. If a decision has been made to place the minor in the home
29of a relative, the court may authorize the relative to give legal
30consent for the minor’s medical, surgical, and dental care and
31education as if the relative caregiver were the custodial parent of
32the minor.
33(B) A foster home, the approved home of a resource family as
34defined in Section 16519.5, or a home or facility in accordance
35with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
36et seq.).
37(C) A suitable licensed community care facility, as identified
38by the probation officer, except a runaway and homeless youth
39shelter licensed by the State Department of Social Services
40pursuant to Section 1502.35 of the Health and Safety Code.
P55 1(D) A foster family agency, as defined in subdivision (g) of
2Section 11400 and paragraph (4) of subdivision (a) of Section 1502
3of the Health and Safety Code, in a suitable program in a family
4home, which has been certified by the agency as meeting licensing
5standards. Commencing January 1, 2017, the requirements of
6Section 11462.01 shall be met.
7(E) Commencing January 1, 2017, a minor or nonminor
8dependent may be placed in a short-term residential treatment
9center as defined in subdivision (ad) of Section 11400 and
10paragraph (18) of subdivision (a) of Section 1502 of the Health
11and Safety Code, or a foster family agency, as defined in paragraph
12(4) of subdivision (a) of Section 1502 of the Health and Safety
13Code. The placing agency shall also comply with requirements set
14forth in paragraph (9) of subdivision (e) of Section 361.2, which
15includes, but is not limited to, authorization, limitation on length
16of stay, extensions, and additional requirements related to minors.
17begin delete If the placement is longer than 12 months,end deletebegin insert For youth 13 years of
18age and older,end insert the placement shall be approved by the chief
19probation
officer of the county probation department, or his or her
20
begin delete designee.end deletebegin insert designee, only if the placement is longer than 12 months.end insert
21(F) (i) Every minor adjudged a ward of the juvenile court shall
22be entitled to participate in age-appropriate extracurricular,
23enrichment, and social activities. A state or local regulation or
24policy shall not prevent, or create barriers to, participation in those
25activities. Each state and local entity shall ensure that private
26agencies that provide foster care services to wards have policies
27consistent with this section and that those agencies promote and
28protect the ability of wards to participate in age-appropriate
29extracurricular, enrichment, and social activities. A group home
30administrator, a facility
manager, or his or her responsible designee,
31and a caregiver, as defined in paragraph (1) of subdivision (a) of
32Section 362.04, shall use a reasonable and prudent parent standard,
33as defined in paragraph (2) of subdivision (a) of Section 362.04,
34in determining whether to give permission for a minor residing in
35foster care to participate in extracurricular, enrichment, and social
36activities. A group home administrator, a facility manager, or his
37or her responsible designee, and a caregiver shall take reasonable
38steps to determine the appropriateness of the activity taking into
39consideration the minor’s age, maturity, and developmental level.
P56 1(ii) A group home administrator or a facility manager, or his or
2her responsible designee, is encouraged to consult with social work
3or treatment staff members who are most familiar with the minor
4at the group home in applying and using the reasonable and prudent
5parent standard.
6(G) For nonminors, an approved supervised independent living
7setting as defined in Section 11400, including a residential housing
8unit certified by a licensed transitional housing placement provider.
9(5) The minor or nonminor shall be released from juvenile
10detention upon an order being entered under paragraph (3), unless
11the court determines that a delay in the release from detention is
12reasonable pursuant to Section 737.
13(b) (1) To facilitate coordination and cooperation among
14agencies, the court may, at any time after a petition has been filed,
15after giving notice and an opportunity to be heard, join in the
16juvenile court proceedings any agency that the court determines
17has failed to meet a legal obligation to provide services to a minor,
18for whom a petition has been filed under Section 601 or
602, to a
19nonminor, as described in Section 303, or to a nonminor dependent,
20as defined in subdivision (v) of Section 11400. In any proceeding
21in which an agency is joined, the court shall not impose duties
22upon the agency beyond those mandated by law. The purpose of
23joinder under this section is to ensure the delivery and coordination
24of legally mandated services to the minor. The joinder shall not
25be maintained for any other purpose. Nothing in this section shall
26prohibit agencies that have received notice of the hearing on joinder
27from meeting prior to the hearing to coordinate services.
28(2) The court has no authority to order services unless it has
29been determined through the administrative process of an agency
30that has been joined as a party, that the minor, nonminor, or
31nonminor dependent is eligible for those services. With respect to
32mental health assessment, treatment, and case management services
33pursuant to an individualized
education program developed
34pursuant to Article 2 (commencing with Section 56320) of Chapter
354 of Part 30 of Division 4 of Title 2 of the Education Code, the
36court’s determination shall be limited to whether the agency has
37complied with that chapter.
38(3) For the purposes of this subdivision, “agency” means any
39governmental agency or any private service provider or individual
40that receives federal, state, or local governmental funding or
P57 1reimbursement for providing services directly to a child, nonminor,
2or nonminor dependent.
3(c) If a minor has been adjudged a ward of the court on the
4ground that he or she is a person described in Section 601 or 602,
5and the court finds that notice has been given in accordance with
6Section 661, and if the court orders that a parent or guardian shall
7retain custody of that minor either subject to or without the
8supervision of the probation officer,
the parent or guardian may
9be required to participate with that minor in a counseling or
10education program, including, but not limited to, parent education
11and parenting programs operated by community colleges, school
12districts, or other appropriate agencies designated by the court.
13(d) The juvenile court may direct any reasonable orders to the
14parents and guardians of the minor who is the subject of any
15proceedings under this chapter as the court deems necessary and
16proper to carry out subdivisions (a), (b), and (c), including orders
17to appear before a county financial evaluation officer, to ensure
18the minor’s regular school attendance, and to make reasonable
19efforts to obtain appropriate educational services necessary to meet
20the needs of the minor.
21If counseling or other treatment services are ordered for the
22minor, the parent, guardian, or foster parent shall be ordered to
23participate in those
services, unless participation by the parent,
24guardian, or foster parent is deemed by the court to be inappropriate
25or potentially detrimental to the minor.
Section 4094.2 of the Welfare and Institutions Code
28 is amended to read:
(a) For the purpose of establishing payment rates for
30community treatment facility programs, the private nonprofit
31agencies selected to operate these programs shall prepare a budget
32that covers the total costs of providing residential care and
33supervision and mental health services for their proposed programs.
34These costs shall include categories that are allowable under
35California’s Foster Care program and existing programs for mental
36health services. They shall not include educational, nonmental
37health medical, and dental costs.
38(b) Each agency operating a community treatment facility
39program shall negotiate a final budget with the local mental health
40department in the
county in which its facility is located (the host
P58 1county) and other local agencies, as appropriate. This budget
2agreement shall specify the types and level of care and services to
3be provided by the community treatment facility program and a
4payment rate that fully covers the costs included in the negotiated
5budget. All counties that place children in a community treatment
6facility program shall make payments using the budget agreement
7negotiated by the community treatment facility provider and the
8host county.
9(c) A foster care rate shall be established for each community
10treatment facility program by the State Department of Social
11Services.
12(1) These rates shall be established using the existing foster care
13ratesetting system for group homes, or the rate for a short-term
14residential
treatment center as defined in subdivision (ad) of
15Section 11400, with modifications designed as necessary. It is
16anticipated that all community treatment facility programs will
17offer the level of care and services required to receive the highest
18foster care rate provided for under the current ratesetting system.
19(2) Except as otherwise provided in paragraph (3), commencing
20January 1, 2017, the program shall have accreditation from a
21nationally recognized accrediting entity identified by the State
22Department of Social Services pursuant to the process described
23in paragraph (4) of subdivision (b) of Section 11462.
24(3) With respect to a program that has been granted an extension
25pursuant to the exception process described in subdivision (d) of
26Section 11462.04, the requirement described
in paragraph (2) shall
27apply to that program commencing January 1, 2019.
28(d) For the 2001-02 fiscal year, the 2002-03 fiscal year, the
292003-04 fiscal year, and the 2004-05 fiscal year, community
30treatment facility programs shall also be paid a community
31treatment facility supplemental rate of up to two thousand five
32hundred dollars ($2,500) per child per month on behalf of children
33eligible under the foster care program and children placed out of
34home pursuant to an individualized education program developed
35under Section 7572.5 of the Government Code. Subject to the
36availability of funds, the supplemental rate shall be shared by the
37state and the counties. Counties shall be responsible for paying a
38county share of cost equal to 60 percent of the community
39treatment rate for children placed by counties in community
40treatment
facilities and the state shall be responsible for 40 percent
P59 1of the community treatment facility supplemental rate. The
2community treatment facility supplemental rate is intended to
3supplement, and not to supplant, the payments for which children
4placed in community treatment facilities are eligible to receive
5under the foster care program and the existing programs for mental
6health services.
7(e) For initial ratesetting purposes for community treatment
8facility funding, the cost of mental health services shall be
9determined by deducting the foster care rate and the community
10treatment facility supplemental rate from the total allowable cost
11of the community treatment facility program. Payments to certified
12providers for mental health services shall be based on eligible
13services provided to children who are Medi-Cal beneficiaries, up
14to the
approved federal rate for these services.
15(f) The State Department of Health Care Services shall provide
16the community treatment facility supplemental rates to the counties
17for advanced payment to the community treatment facility
18providers in the same manner as the regular foster care payment
19and within the same required payment time limits.
20(g) In order to facilitate the study of the costs of community
21treatment facilities, licensed community treatment facilities shall
22provide all documents regarding facility operations, treatment, and
23placements requested by the department.
24(h) It is the intent of the Legislature that the State Department
25of Health Care Services and the State Department of Social
26Services work to
maximize federal financial participation in
27funding for children placed in community treatment facilities
28through funds available pursuant to Titles IV-E and XIX of the
29federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and
30Sec. 1396 et seq.) and other appropriate federal programs.
31(i) The State Department of Health Care Services and the State
32Department of Social Services may adopt emergency regulations
33necessary to implement joint protocols for the oversight of
34community treatment facilities, to modify existing licensing
35regulations governing reporting requirements and other procedural
36and administrative mandates to take into account the seriousness
37and frequency of behaviors that are likely to be exhibited by
38seriously emotionally disturbed children placed in community
39treatment facility programs, to modify the existing
foster care
40ratesetting regulations, and to pay the community treatment facility
P60 1supplemental rate. The adoption of these regulations shall be
2deemed to be an emergency and necessary for the immediate
3preservation of the public peace, health and safety, and general
4welfare. The regulations shall become effective immediately upon
5filing with the Secretary of State. The regulations shall not remain
6in effect more than 180 days unless the adopting agency complies
7with all the provisions of Chapter 3.5 (commencing with Section
811340) of Part 1 of Division 3 of Title 2 of the Government Code,
9as required by subdivision (e) of Section 11346.1 of the
10Government Code.
begin insertSection 11460 of the end insertbegin insertWelfare and Institutions Codeend insert
12
begin insert is amended to read:end insert
(a) Foster care providers shall be paid a per child per
14month rate in return for the care and supervision of the AFDC-FC
15child placed with them. The department is designated the single
16organizational unit whose duty it shall be to administer a state
17system for establishing rates in the AFDC-FC program. State
18functions shall be performed by the department or by delegation
19of the department to county welfare departments or Indian tribes,
20consortia of tribes, or tribal organizations that have entered into
21an agreement pursuant to Section 10553.1.
22(b) “Care and supervision” includes food, clothing, shelter, daily
23supervision, school supplies, a child’s personal incidentals, liability
24insurance with respect to a child, reasonable travel to the child’s
25home for
visitation, and reasonable travel for the child to remain
26in the school in which he or she is enrolled at the time of
27placement. Reimbursement for the costs of educational travel, as
28provided for in this subdivision, shall be made pursuant to
29procedures determined by the department, in consultation with
30representatives of county welfare and probation directors, and
31additional stakeholders, as appropriate.
32(1) For a child or youth placed in a short-term residential
33treatment center or a group home, care and supervision shall also
34include reasonable administration and operational activities
35necessary to provide the items listed in this subdivision.
36(2) For a child or youth placed in a short-term residential
37treatment center or a group home, care and supervision may also
38include reasonable activities performed by social workers employed
39by the program provider that are not otherwise
considered daily
40supervision or administration activities, but are eligible for federal
P61 1financial participation under Title IV-E of the federal Social
2Security Act.
3(3) The department, in consultation with the California State
4Foster Parent Association, and other interested stakeholders, shall
5provide information to the Legislature, no later than January 1,
62017, regarding the availability and cost for liability and property
7insurance covering acts committed by children in care, and shall
8make recommendations for any needed program development in
9this area.
10(c) It is the intent of the Legislature to establish the maximum
11level of financial participation in out-of-state foster care group
12home program rates for placements in facilities described in
13subdivision (g) of Section 11402.
14(1) The department shall develop
regulations that establish the
15method for determining the level of financial participation in the
16rate paid for out-of-state placements in facilities described in
17subdivision (g) of Section 11402. The department shall consider
18all of the following methods:
19(A) Until December 31, 2016, a standardized system based on
20the rate classification level of care and services per child per month.
21(B) The rate developed for a short-term residential treatment
22center pursuant to Section 11462.
23(C) A system that considers the actual allowable and reasonable
24costs of care and supervision incurred by the out-of-state program.
25(D) A system that considers the rate established by the host
26state.
27(E) Any other
appropriate methods as determined by the
28department.
29(2) Reimbursement for the Aid to Families with Dependent
30Children-Foster Care rate to be paid to an out-of-state program
31described in subdivision (g) of Section 11402 shall only be paid
32to programs that have done all of the following:
33(A) Submitted a rate application to the department, which shall
34include, but not be limited to, both of the following:
35(i) Commencing January 1, 2017,begin insert unless granted an extension
36from the department pursuant to subdivision (d) of Section
3711462.04,end insert the equivalent of the mental health certification required
38in Section 4096.5.
39(ii) Commencing January 1, 2017, unless
granted an extension
40from the department pursuant to subdivision (d) of Section
P62 111462.04, the national accreditation required in paragraph (5) of
2subdivision (b) of Section 11462.
3(B) Maintained a level of financial participation that shall not
4exceed any of the following:
5(i) The current fiscal year’s standard rate for rate classification
6level 14 for a group home.
7(ii) Commencing January 1, 2017, the current fiscal year’s rate
8for a short-term residential treatment center.
9(iii) The rate determined by the ratesetting authority of the state
10in which the facility is located.
11(C) Agreed to comply with information requests, and program
12and fiscal audits as determined necessary by the
department.
13(3) Except as specifically provided for in statute, reimbursement
14for an AFDC-FC rate shall only be paid to a group home or
15short-term residential treatment center organized and operated on
16a nonprofit basis.
17(d) A foster care provider that accepts payments, following the
18effective date of this section, based on a rate established under this
19section, shall not receive rate increases or retroactive payments as
20the result of litigation challenging rates established prior to the
21effective date of this section. This shall apply regardless of whether
22a provider is a party to the litigation or a member of a class covered
23by the litigation.
24(e) Nothing shall preclude a county from using a portion of its
25county funds to increase rates paid to family homes, foster family
26agencies, group homes, and short-term
residential treatment centers
27within that county, and to make payments for specialized care
28increments, clothing allowances, or infant supplements to homes
29within that county, solely at that county’s expense.
30(f) Nothing shall preclude a county from providing a
31supplemental rate to serve commercially sexually exploited foster
32children to provide for the additional care and supervision needs
33of these children. To the extent that federal financial participation
34is available, it is the intent of the Legislature that the federal
35funding shall be utilized.
Section 11462 of the Welfare and Institutions Code,
38as
added by Section 72 of Chapter 773 of the Statutes of 2015, is
39amended to read:
(a) The department shall commence development of
2a new payment structure for short-term residential treatment center
3program placements claiming Title IV-E funding, in consultation
4with county placing agencies and providers.
5(b) The department shall develop a rate system that includes
6consideration of all of the following factors:
7(1) Core services, made available to children and nonminor
8dependents either directly or secured through formal agreements
9with other agencies, which are trauma informed and culturally
10relevant and include:
11(A) Specialty mental health
services for children who meet
12medical necessity criteria for specialty mental health services under
13the Medi-Cal Early and Periodic Screening, Diagnosis, and
14Treatment program.
15(B) Transition support services for children, youth, and families
16upon initial entry and placement changes and for families who
17assume permanency through reunification, adoption, or
18guardianship.
19(C) Educational and physical, behavioral, and mental health
20supports, including extracurricular activities and social supports.
21(D) Activities designed to support transition-age youth and
22nonminor dependents in achieving a successful adulthood.
23(E) Services to achieve permanency, including
supporting efforts
24to reunify or achieve adoption or guardianship and efforts to
25maintain or establish relationships with parents, siblings, extended
26family members, tribes, or others important to the child or youth,
27as appropriate.
28(F) When serving Indian children, as defined in subdivisions
29(a) and (b) of Section 224.1, the core services described in
30begin delete paragraphsend deletebegin insert subparagraphsend insert (A) to (E), inclusive, which shall be
31provided to eligible children consistent with active efforts pursuant
32to Section 361.7.
33(G) (i) Facilitating the identification and, as needed, the
34approval of resource
families pursuant to Section 16519.5, for the
35purpose of transitioning children and youth to family-based care.
36(ii) If a short-term residential treatment center elects to approve
37and monitor resource families directly, the center shall comply
38with all laws applicable to foster family agencies, including, but
39not limited to, those set forth in the Community Care Facilities
P64 1Act (Chapter 3 (commencing with Section 1500) of Division 2 of
2the Health and Safety Code).
3(iii) For short-term residential treatment centers that elect to
4approve and monitor resource families directly, the department
5shall have all the same duties and responsibilities as those centers
6have for licensed foster family agencies, as set forth in applicable
7law, including, but not limited to, those set forth in the
Community
8Care Facilities Act (Chapter 3 (commencing with Section 1500)
9of Division 2 of the Health and Safety Code).
10(2) The core services specified in subparagraphs (A) to (G),
11inclusive, of paragraph (1) are not intended to duplicate services
12already available to foster children in the community, but to support
13access to those services and supports to the extent they are already
14available. Those services and supports may include, but are not
15limited to, foster youth services available through county offices
16of education, Indian Health Services, or school-based
17begin delete extra-curricularend deletebegin insert extracurricularend insert activities.
18(3) Specialized
and intensive treatment supports that encompass
19the elements of nonmedical care and supervision necessary to meet
20a child’s or youth’s safety and other needs that cannot be met in
21a family-based setting.
22(4) Staff training.
23(5) Health and Safety Code requirements.
24(6) Accreditation that includes:
25(A) Provision for all licensed short-term residential treatment
26centers to obtain and maintain in good standing accreditation from
27a nationally recognized accreditation agency, as identified by the
28department, with expertise in programs for children or youth group
29care facilities, as determined by the department.
30(B) Promulgation by the department of information identifying
31that agency or agencies from which accreditation shall be required.
32(C) Provision for timely reporting to the department of any
33change in accreditation status.
34(7) Mental health certification, including a requirement to timely
35report to the department any change in mental health certificate
36status.
37(8) Maximization of federal financial participation under Title
38IV-E and Title XIX of the Social Security Act.
39(c) The department shall develop a system of governmental
40monitoring and oversight that shall be carried out in coordination
P65 1with the State Department of Health Care Services. Oversight
2responsibilities
shall include, but not be limited to, ensuring
3conformity with federal and state law, including program, fiscal,
4and health and safety audits and reviews. The state agencies shall
5attempt to minimize duplicative audits and reviews to reduce the
6administrative burden on providers.
7(d) This section shall become operative on January 1, 2017.
begin insertSection 11463.01 of the end insertbegin insertWelfare and Institutions Codeend insert
9
begin insert is amended to read:end insert
(a) (1) The department, with the advice, assistance,
11and cooperation of the counties and foster care providers, shall
12develop, implement, and maintain a ratesetting system for foster
13family agencies.
14(2) No county shall be reimbursed for any percentage increases
15in payments, made on behalf of AFDC-FC funded children who
16are placed with foster family agencies, that exceed the percentage
17cost-of-living increase provided in any fiscal year, as specified in
18subdivision (c) of Section 11461.
19(b) The department shall develop regulations specifying the
20purposes, types, and services of foster family agencies, including
21the use of those agencies for the provision of emergency
shelter
22care.
23(c) The department shall develop and maintain regulations
24specifying the procedures for the appeal of department decisions
25about the setting of an agency’s rate.
26(d) No supplemental clothing allowance shall be provided,
27because the rate issued in accordance with paragraph (1) of
28subdivision (g) takes the cost of clothing into account.
29(e) The schedule of rates for foster family agencies as set forth
30in Section 11463, as that section read on January 1, 2015, shall
31apply for purposes of, and may be modified pursuant to, this
32section.
33(f) (1) The department shall determine, consistent with the
34requirements of this section and other relevant requirements under
35law, the rate category for each foster family agency on a
biennial
36basis. Submission of the biennial rate application shall be according
37to a schedule determined by the department.
38(2) The department shall adopt regulations to implement this
39subdivision. The adoption, amendment, repeal, or readoption of a
40regulation authorized by this subdivision is deemed to be necessary
P66 1for the immediate preservation of the public peace, health and
2safety, or general welfare, for purposes of Sections 11346.1 and
311349.6 of the Government Code, and the department is hereby
4exempted from the requirement to describe specific facts showing
5the need for immediate action.
6(g) (1) The basic rate payment that shall be made to the certified
7parent pursuant to this section for care and supervision of a child
8who is living in a certified home of a foster family agency, as
9defined in Section 11400, shall equal the basic rate for children
10
placed in a licensed or approved home, as specified in paragraph
11(1) of subdivision (g) of Section 11461.
12(2) The basic rate payment to the certified parent made pursuant
13to paragraph (1) shall be adjusted annually on July 1, by the annual
14percentage change in the California Necessities Index, in
15accordance with paragraph (2) of subdivision (g) of Section 11461.
16The adjustment in this paragraph shall be in lieu of any adjustment
17pursuant to subdivision (e) of Section 11463, as that section read
18on January 1, 2015.
19(h) Notwithstanding any other law, the changes to the basic rate
20payment specified in subdivision (g) shall not change the remaining
21components of the foster family agency rate. The new foster family
22agency rate shall be increased only by the amounts specified
23pursuant to subdivision (g). The resulting amounts shall constitute
24the new schedule of rates for foster family
agencies, which shall
25be issued by all-county letters or similar instructions from the
26department.
27(i) For each fiscal year, funding and expenditures for programs
28and activities under this section shall be in accordance with the
29requirements provided in Sections 30025 and 30026.5 of the
30Government Code.
31(j) (1) Notwithstanding the rulemaking provisions of the
32Administrative Procedure Act (Chapter 3.5 (commencing with
33Section 11340) of Part 1 of Division 3 of Title 2 of the Government
34Code), the department may implement, interpret, or make specific
35the changes to this section made by the act that added this section,
36and amend and repeal regulations and orders subject to this section
37and adopted by the department by means of all-county letters or
38similar instructions from the department until regulations are
39adopted. The department shall adopt emergency
regulations no
40later than July 1, 2016. The department may readopt any emergency
P67 1regulation authorized by this section that is the same as, or
2substantially equivalent to, an emergency regulation previously
3adopted under this section.
4(2) The initial adoption of emergency regulations pursuant to
5this section and one readoption of emergency regulations shall be
6deemed an emergency and necessary for the immediate
7preservation of the public peace, health, safety, or general welfare.
8Initial emergency regulations and the one readoption of emergency
9regulations authorized by this section shall be exempt from review
10by the Office of Administrative Law. The initial emergency
11regulations and the one readoption of emergency regulations
12authorized by this section shall be submitted to the Office of
13Administrative Law for filing with the Secretary of State and each
14shall remain in effect for no more than 180 days, by which time
15final regulations may be
adopted.
16(k) This section shall only apply to a foster family agency that
17has been granted an extension pursuant to the exception process
18described in subdivision (d) of Section 11463.1.
19(l) This section shall become operative on January 1, 2017.
20(m) This section shall remain in effect only until January 1,
21begin delete 2018,end deletebegin insert
2019,end insert and as of that date is repealed, unless a later enacted
22statute, that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or
23extends that date.
Section 11466 of the Welfare and Institutions Code
26 is amended to read:
For the purposes of this section to Section 11469.1,
28inclusive, “provider” shall mean a group home, short-term
29residential treatment center, a foster family agency, and similar
30foster care business entities.
begin insertSection 11466.21 of the end insertbegin insertWelfare and Institutions Codeend insert
32
begin insert is amended to read:end insert
(a) In accordance with subdivision (b), as a
34condition to receive an AFDC-FC rate for a program including,
35but not limited to, a group home, a foster familybegin delete agency that begin insert agency,end insert a short-term residential
36provides treatment services,end delete
37treatment center, and other similar business entities providing
38foster care, the following shall apply:
39(1) Any provider who expends in combined federal funds an
40amount at or above the federal funding threshold in accordance
P68 1with the federal Single Audit Act, as amended, and Section 200.501
2of Title 2 of the Code of Federal Regulations shall
arrange to have
3a financial audit conducted on an annual basis, and shall submit
4thebegin delete annualend delete financial audit to the department in accordance with
5regulations adopted by the department, all-county letter, or similar
6written instructions.
7(2) Any provider who expends in combined federal funds an
8amount below the federal funding thresholdbegin delete in accordance with shall annually submit
9the federal Single Audit Act, as amended, and Section 200.501 of
10Title 2 of the Code of Federal Regulationsend delete
11begin insert a financial auditend insert to the departmentbegin delete a financial audit on its most
12recent fiscal
period. The department shall provide timely notice
13to the providers of the date that submission of the financial audit
14is required. That date of submission of the financial audit shall be
15established in accordance with regulations adopted by the
16department.end delete
17Standards (GAGAS), and shall submit the financial audit to the
18department in accordance with regulations adopted by the
19department, all-county letter, or similar written instructions.end insert
20(3) The scope of the financial audit shall include all of the
21programs and activities operated by the provider and shall not be
22limited to those funded in whole or in part by the AFDC-FC
23program. The financial audits shall include, but not be limited to,
24an evaluation of the expenditures and accounting and control
25systems of the provider.
26(4) The provider shall have its financial audit conducted by
27certified public accountants or by state-licensed public accountants,
28with audit designation, who have no direct or indirect relationship
29with the functions or activities being audited, or with the provider,
30its board of directors, or other governing body, officers, or staff.
31(5) The provider shall have its financial audits conducted in
32accordance with Government Auditing Standards issued by the
33Comptroller General of the United States and in compliance with
34generally accepted accounting principles applicable to private
35entities organized and operated on a nonprofit basis.
36(6) (A) Each provider shall have the flexibility to define the
37calendar months included in its fiscal year.
38(B) A provider may change the definition of its fiscal year.
39However, the financial audit conducted following the change shall
P69 1cover all of the months since the last audit, even though this may
2cover a period that exceeds 12 months.
3(b) (1) In accordance with subdivision (a), as a condition to
4receive an AFDC-FC rate, a provider shall submit a copy of its
5most recent financial audit report, except as provided in paragraph
6(3).
7(2) The department shall terminate the rate of a provider who
8fails to submit a copy of its most recent financial audit pursuant
9to subdivision (a). A terminated rate shall only be reinstated upon
10the provider’s submission to the department of an acceptable
11financial audit.
12(3) A new provider that has been incorporated for fewer than
1312 calendar months shall
not be required to submit a copy of a
14financial audit to receive an AFDC-FC rate for a new program.
15The financial audit shall be conducted on the provider’s next full
16fiscal year of operation. The provider shall submit the financial
17audit to the department in accordance with subdivision (a).
18(4) Repeated late financial audits may result in monetary
19penalties or termination of the provider’s rate as set forth in
20regulation, all-county letter, or similar written directive by the
21department.
22(c) The department shall issue a management decision letter on
23auditbegin delete findingsend deletebegin insert
findings, made by the independent auditor or as a
24result of department review,end insert within six months of receipt of the
25financial audit report. The management decision letter shall clearly
26state whether or not the audit finding is sustained, the reasons for
27the decision, and the action or actions expected of the nonprofit
28organization provider to repay disallowed costs, make financial
29adjustments, or take other action.
30
(d) Repeated late submission of financial audits, repeat findings
31in financial audits, or failure to comply with corrective action in
32a management decision letter may result in monetary penalties or
33a reduction, suspension, or termination of the provider’s rate in
34accordance with regulations adopted by the department, all-county
35letter, or similar written instructions. This subdivision shall not
36be construed to
affect the department’s authority under other
37provisions of law, including, but not limited to, Part 200 of Title
382 of the Code of Federal Regulations.
begin insertSection 11466.22 of the end insertbegin insertWelfare and Institutions Codeend insert
40
begin insert is amended to read:end insert
(a) It is the intent of the Legislature to ensure overall
2program integrity in the AFDC-FC program through the
3establishment of an effective and efficient process for the collection
4of provider sustained overpayments. Furthermore, the intent of the
5Legislature is to ensure that children placed in AFDC-FC programs,
6including, but not limited to, group homes, short-term residential
7treatment centers, and foster family agencies, receive the level of
8care and supervision commensurate with the program’s paid rate.
9(b) For the purposes of this section, a provider is a licensee of
10an AFDC-FC program listed in Section 11402, including, but not
11limited to, a group home, short-term residential treatment center,
12foster family agency that provides treatment services, or
a similar
13business entity, receiving foster care maintenance payments under
14the AFDC-FC program. The department may collect a sustained
15overpayment from the party responsible for the sustained
16overpayment, regardless of whether the party remains in the
17business of providing any AFDC-FC programs, and regardless of
18whether the provider remains licensed by the department.
19(c) For the purposes of this section, a provider overpayment is
20an overpayment that results in an audit period when a provider
21receives a rate reimbursement to which it is not entitled. If a
22provider receives a rate reimbursement to which it is not entitled,
23including, but not limited to, the provider failing to maintain a
24license, or failing to maintain its status as a nonprofit organization,
25or due to an overpayment determined as described in paragraph
26(1) of subdivisionbegin delete (d). If a provider receives a rate to which it is begin insert
(d), itend insert shall be liable to repay the overpayment.
27not entitled itend delete
28(d) (1) Overpayments shall be determined by either a provider
29audit pursuant to Section 11466.21, a department audit conducted
30pursuant to Section 11466.2, a management decision letter, or a
31provider self-reporting an overpayment. A self-reported
32overpayment may include a finding in the financial audit report
33submitted by the provider whether that finding is formally made
34in the financial audit report or discovered through department
35review of the report or other provider submission.
36(2) If a hearing is not requested, or on the 60th day after an
37informal decision if a provider or the department does not file a
38notice of intent to file a formal appeal, or on the 30th day following
39a formal appeal hearing decision, whichever is latest, a provider
40overpayment shall be
sustained for collection purposes and the
P71 1department shall issue a demand letter for repayment of the
2sustained overpayment.
3(3) The department shall establish a voluntary repayment
4agreement procedure with a maximum repayment period of nine
5years. The procedure shall take into account the amount of the
6overpayment, projected annual income of the program that caused
7the overpayment, a minimum repayment amount, including
8principal and interest, of 3 percent of annual income prorated on
9a monthly basis, simple interest for the first seven years of the
10voluntary repayment agreement on the overpayment amount based
11on the Surplus Money Investment Fund, and simple interest for
12the eighth and ninth years of the voluntary repayment agreement
13based on the prime rate at that time plus 3 percent. The department
14maybegin delete consider, at the discretion of the director,end deletebegin insert
considerend insert
15 renegotiation of a voluntary repayment agreement if thebegin delete directorend delete
16begin insert departmentend insert determines that the agreement would cause severe
17harm to children in placement.
18(4) The department shall establish an involuntary overpayment
19collection procedure, that shall take into account the amount of
20the overpayment, projected annual income, a minimum required
21repayment amount, including principal and interest, of 5 percent
22of the annual income prorated on a monthly basis, simple interest
23on the overpayment amount based on the Surplus Money
24Investment Fund, and a maximum repayment period of seven
25years. The department maybegin delete consider, at the discretion of the begin insert
considerend insert renegotiation of an involuntary payment
26director,end delete
27agreement if thebegin delete directorend deletebegin insert departmentend insert determines that the agreement
28would cause severe harm to children in placement.
29(e) The department shall maintain, by regulation , all-county
30letter, or similar written directive, a procedure for recovery of any
31provider sustained overpayments. The department shall prioritize
32collection methods, which shall include voluntary repayment
33agreement procedures, involuntary overpayment collection
34procedures, including the use of a statutory lien, rate request
35denials, rate decreases, and rate terminations. The department may
36also deny rate requests, including requests for rate increases, or
37program changes or expansions, while an
overpayment is due.
38(f) Whenever the department determines that a provider
39sustained overpayment has occurred, the department shall recover
40from the provider the full amount of the sustained overpayment,
P72 1and simple interest on the sustained overpayment amount, pursuant
2to methods described in subdivision (e), against the provider’s
3income or assets.
4(g) If a provider is successful in its appeal of a collected
5overpayment, it shall be repaid the collected overpayment plus
6simple interest based on the Surplus Money Investment Fund.
begin insertSection 11469 of the end insertbegin insertWelfare and Institutions Codeend insert
8
begin insert is amended to read:end insert
(a) The department shall develop, following
10consultation with group home providers, the County Welfare
11Directors Association of California, the Chief Probation Officers
12of California, the County Behavioral Health Directors Association
13of California, the State Department of Health Care Services, and
14stakeholders, performance standards and outcome measures for
15determining the effectiveness of the care and supervision, as
16defined in subdivision (b) of Section 11460, provided by group
17homes under the AFDC-FC program pursuant to Sections 11460
18and 11462. These standards shall be designed to measure group
19home program performance for the client group that the group
20home program is designed to serve.
21(1) The performance standards and outcome measures shall be
22designed
to measure the performance of group home programs in
23areas over which the programs have some degree of influence, and
24in other areas of measurable program performance that the
25department can demonstrate are areas over which group home
26programs have meaningful managerial or administrative influence.
27(2) These standards and outcome measures shall include, but
28are not limited to, the effectiveness of services provided by each
29group home program, and the extent to which the services provided
30by the group home assist in obtaining the child welfare case plan
31objectives for the child.
32(3) In addition, when the group home provider has identified
33as part of its program for licensing, ratesetting, or county placement
34purposes, or has included as a part of a child’s case plan by mutual
35agreement between the group home and the placing agency,
36specific mental health, education, medical, and
other child-related
37services, the performance standards and outcome measures may
38also measure the effectiveness of those services.
39(b) Regulations regarding the implementation of the group home
40performance standards system required by this section shall be
P73 1adopted no later than one year prior to implementation. The
2regulations shall specify both the performance standards system
3and the manner by which the AFDC-FC rate of a group home
4program shall be adjusted if performance standards are not met.
5(c) Except as provided in subdivision (d), effective July 1, 1995,
6group home performance standards shall be implemented. Any
7group home program not meeting the performance standards shall
8have its AFDC-FC rate, set pursuant to Section 11462, adjusted
9according to the regulations required by this section.
10(d) A group home
program shall be classified at rate
11classification level 13 or 14 only ifbegin insert end insertbegin insertit has been granted an extension
12pursuant to Section 11462.04 andend insert all of the following are met:
13(1) The program generates the requisite number of points for
14rate classification level 13 or 14.
15(2) The program only accepts children with special treatment
16needs as determined through the assessment process pursuant to
17paragraph (2) of subdivision (a) of Section 11462.01.
18(3) The program meets the performance standards designed
19pursuant to this section.
20(e) Notwithstanding
subdivision (c), the group home program
21performance standards system shall not be implemented prior to
22the implementation of the AFDC-FC performance standards
23system.
24(f) On or before January 1, 2016, the department shall develop,
25following consultation with the County Welfare Directors
26Association of California, the Chief Probation Officers of
27California, the County Behavioral Health Directors Association
28of California, research entities, foster children, advocates for foster
29children, foster care provider business entities organized and
30operated on a nonprofit basis, Indian tribes, and other stakeholders,
31additional performance standards and outcome measures that
32require group homes to implement programs and services to
33minimize law enforcement contacts and delinquency petition filings
34arising from incidents of allegedly unlawful behavior by minors
35occurring in group homes or under the supervision of group home
36staff, including individualized
behavior management programs,
37emergency intervention plans, and conflict resolution processes.
38(g) On or before January 1, 2017, the department shall develop,
39following consultation with the County Welfare Directors
40Association of California, the Chief Probation Officers of
P74 1California, the County Behavioral Health Directors Association
2of California, the Medical Board of California, research entities,
3foster children advocates for foster children, foster care provider
4business entities organized and operated on a nonprofit basis,
5Indian tribes, and other stakeholders, additional performance
6standards and outcome measures that require group homesbegin insert and
7short-term residential treatment centersend insert to implement alternative
8programs and services, including individualized behavior
9management programs, emergency intervention plans, and conflict
10
resolution processes.
11
(h) Performance standards and outcome measures developed
12pursuant to this section shall apply to short-term residential
13treatment centers.
begin insertSection 16514 of the end insertbegin insertWelfare and Institutions Codeend insert
15
begin insert is amended to read:end insert
(a) A minor or nonminor who has been voluntarily
17placed, adjudged a dependent child of the juvenile court pursuant
18to Section 300, or as to whom a petition has been filed under
19Section 325, may be housed in an emergency shelter or, pursuant
20to the procedures for placement set forth in this code, placed in a
21foster family home, a resource family home, or with a foster family
22agency for subsequent placement in a suitable licensed foster
23family home or certified family home, with minors adjudged wards
24of the juvenile court pursuant to Section 601.
25(b) A minor who has been voluntarily placed, adjudged a
26dependent child of the juvenile court pursuant to Section 300, or
27adjudged a ward of the juvenile court pursuant to Section 601,
28shall not be housed in an emergency
shelter with any minor
29adjudged a ward of the juvenile court pursuant to Section 602.
30(c) A minor or nonminor who has been voluntarily placed,
31adjudged a dependent child of the juvenile court pursuant to Section
32300, or as to whom a petition has been filed under Section 325, or
33a nonminor dependent, as described in subdivision (v) of Section
3411400, shall not be placed or detained in a short-term residential
35treatment center, group home or licensed foster family home, a
36resource family home, a certified family home, or an approved
37resource family or foster family agency,begin delete or, beginning January 1, with any minor
382017, a short-term residential treatment center,end delete
39adjudged a ward of the juvenile court pursuant to Section 601 or
40602, unless the social worker or probation officer with placement
P75 1authority has determined that the placement setting has a program
2that meets
the specific needs of the minor or nonminor dependent
3being placed or detained, and there is a commonality of needs with
4the other minors and nonminor dependents in the placement setting.
5(d) Nothing in this section shall transfer or eliminate the
6responsibility of the placing agency for the care, custody, or control
7of the child. Nothing in this section shall relieve a foster family
8agency of its responsibilities for or on behalf of a child placed with
9it.
10begin insert(e)end insertbegin insert end insert For purposes of this section, the placing of children or
11nonminor dependents by foster family agencies shall be referred
12to as “subsequent placement” to distinguish the activity from the
13placing by public
agencies.
Section 16519.5 of the Welfare and Institutions Code
16 is amended to read:
(a) The State Department of Social Services, in
18consultation with county child welfare agencies, foster parent
19associations, and other interested community parties, shall
20implement a unified, family friendly, and child-centered resource
21family approval process to replace the existing multiple processes
22for licensing foster family homes, approving relatives and
23nonrelative extended family members as foster care providers, and
24approvingbegin insert guardians andend insert adoptive families.
25(b) (1) Counties shall be selected to participate on a voluntary
26basis as early implementation
counties for the purpose of
27participating in the initial development of the approval process.
28Early implementation counties shall be selected according to
29criteria developed by the department in consultation with the
30County Welfare Directors Association. In selecting the five early
31implementation counties, the department shall promote diversity
32among the participating counties in terms of size and geographic
33location.
34(2) Additional counties may participate in the early
35implementation of the program upon authorization by the
36department.
37(3) The State Department of Social Services shall be responsible
38for all of the following:
P76 1(A) Selecting early implementation counties, based on criteria
2established by the
department in consultation with the County
3Welfare Directors Association.
4(B) Establishing timeframes for participating counties to submit
5an implementation plan, enter into terms and conditions for early
6implementation participation in the program, train appropriate
7staff, and accept applications from resource families.
8(C) Entering into terms and conditions for early implementation
9participation in the program by counties.
10(4) Counties participating in the early implementation of the
11program shall be responsible for all of the following:
12(A) Submitting an implementation plan.
13(B) Entering into terms
and conditions for early implementation
14participation in the program.
15(C) Consulting with the county probation department in the
16
development of the implementation plan.
17(D) Training appropriate staff.
18(E) Accepting applications from resource families within the
19timeframes established by the department.
20(5) (A) Approved relatives and nonrelative extended family
21members, licensed foster family homes, or approved adoptive
22homes that have completed the license or approval process prior
23to statewide implementation of the program shall not be considered
24part of the program. The otherwise applicable assessment and
25oversight processes shall continue to be administered for families
26and facilities not included in the program.
27(B) Upon implementation of the program
in a county, that
28county shall not accept new applications for the licensure of foster
29family homes, the approval of relative and nonrelative extended
30family members, or the approval of prospective guardians and
31adoptive homes.
32(6) The department may waive regulations that pose a barrier
33to the early implementation and operation of this program. The
34waiver of any regulations by the department pursuant to this section
35shall apply to only those counties or foster family agencies
36participating in the early implementation of the program and only
37for the duration of the program.
38(7) (A) The approval of a resource family who moves to a
39nonparticipating county remains in full force and effect pending
40a determination by the county approval agency or the department,
P77 1as
appropriate, whether the new building and grounds and storage
2areas meet applicable standards, and whether all adults residing
3in the home have a criminal records clearance or exemptions
4granted, using the exemption criteria specified in subdivision (g)
5of Section 1522 of the Health and Safety Code. Upon this
6determination, the nonparticipating county shall either approve
7the family as a relative or nonrelative extended family member,
8as applicable, or the department shall license the family as a foster
9family home.
10(B) A program-affiliated individual who moves to a
11nonparticipating county may not transfer his or her subsequent
12arrest notification from a participating county to the
13nonparticipating county.
14(c) (1) For the purposes of this chapter, “resource family” means
15an individual or family that has successfully met both the home
16environment assessment standards and the permanency assessment
17criteria adopted pursuant to subdivision (d) necessary for providing
18care for a related or unrelated child who is under the jurisdiction
19of the juvenile court, or otherwise in the care of a county child
20welfare agency or probation department. A resource family shall
21demonstrate all of the following:
22(A) An understanding of the safety, permanence, and well-being
23needs of children who have been victims of child abuse and neglect,
24and the capacity and willingness to meet those needs, including
25the need for protection, and the willingness to make use of support
26resources
offered by the agency, or a support structure in place,
27or both.
28(B) An understanding of children’s needs and development,
29effective parenting skills or knowledge about parenting, and the
30capacity to act as a reasonable, prudent parent in day-to-day
31decisionmaking.
32(C) An understanding of his or her role as a resource family and
33the capacity to work cooperatively with the agency and other
34service providers in implementing the child’s case plan.
35(D) The financial ability within the household to ensure the
36stability and financial security of the family.
37(E) An ability and willingness to provide a family setting that
38promotes normal childhood experiences that serves the
needs of
39the child.
P78 1(2) For purposes of this chapter, and unless otherwise specified,
2references to a “child” shall include a “nonminor dependent” and
3“nonminor former dependent or ward” as defined in subdivision
4(v) and paragraph (1) of subdivision (aa) of Section 11400.
5
(3) There is no fundamental right to approval as a resource
6family.
7(3)
end delete
8begin insert(end insertbegin insert4)end insert Subsequent to meeting the criteria set forth in this
9subdivision and designation as a resource family, a resource family
10shall be considered eligible to provide foster care for related and
11unrelated children in out-of-home placement, shall be considered
12approved for adoption or guardianship, and shall not have to
13undergo any additional approval or licensure as long as the family
14lives in a county participating in the program.
15(4)
end delete
16begin insert(end insertbegin insert5)end insert Resource family approval means that the applicant
17successfully
meets the home environment assessment and
18permanency assessment standards. This approval is in lieu of the
19existing foster care license, relative or nonrelative extended family
20member approval,begin insert guardianship approval pursuant to Sectionend insertbegin insert 360,
21366.26, or 728,end insert and the adoption home study approval.
22(5)
end delete
23begin insert(6)end insert Approval of a resource family does not guarantee anbegin delete initial begin insert
initial, continued, or adoptiveend insert placement of a child
24or continuedend delete
25with a resource family.
26(6)
end delete
27begin insert(end insertbegin insert7)end insert Notwithstanding paragraphs (1) tobegin delete (5),end deletebegin insert (6),end insert inclusive, the
28department or county may cease any further review of an
29application if the applicant has had a previous application denial
30within the preceding year,
or if the applicant has had a previous
31rescission, revocation, or exemption denial or exemption rescission
32by the department or county within the preceding two years.
33However, the department or county may continue to review an
34application if it has determined that the reasons for the previous
35denial, rescission, or revocation were due to circumstances and
36conditions that either have been corrected or are no longer in
37existence. If an individual was excluded from a resource family
38home or facility licensed by the department, the department or
39county shall cease review of the individual’s application unless
40the excluded individual has been reinstated pursuant to Section
P79 111522 of the Government Code. The cessation of review shall not
2constitute a denial of the application for purposes of this section
3or any other law.
4(d) (1) The department shall adopt standards pertaining to the
5home environment and permanency assessments of a resource
6family.
7(2) Resource family home environment assessment standards
8shall include, but not be limited to, all of the following:
9(A) (i) Criminal records clearance of all adults residing in, or
10regularly present in, the home, and not exempted from
11fingerprinting, as set forth in subdivision (b) of Section 1522 of
12the Health and Safety Code, pursuant to Section 8712 of the Family
13Code, utilizing a check of the Child Abuse Central Index (CACI),
14and receipt of a fingerprint-based state and federal criminal
15offender record information search response. The criminal history
16information shall include subsequent notifications pursuant to
17Section
11105.2 of the Penal Code.
18(ii) Consideration of any substantiated allegations of child abuse
19or neglect against either the applicant or any other adult residing
20in the home. An approval may not be granted to applicants whose
21criminal record indicates a conviction for any of the offenses
22specified in subdivision (g) of Section 1522 of the Health and
23Safety Code.
24(iii) If the resource family parent, applicant, or any other person
25specified in subdivision (b) of Section 1522 of the Health and
26Safety Code has been convicted of a crime other than a minor
27trafficbegin delete violation,end deletebegin insert violation or arrested for a serious offense specified
28in subdivision
(e) of Section 1522 of the Health and Safety Code,end insert
29 except for the civil penalty language, the criminal background
30check provisions specified in subdivisions (d) through (f) of Section
311522 of the Health and Safety Code shall apply. Exemptions from
32the criminal records clearance requirements set forth in this section
33may be granted by thebegin delete directorend deletebegin insert departmentend insert or thebegin delete early county, if that county has been granted permission
34implementationend delete
35by thebegin delete directorend deletebegin insert departmentend insert to
issue criminal records exemptions
36pursuant to Section 361.4, using the exemption criteria
specified
37in subdivision (g) of Section 1522 of the Health and Safety Code
38and the written directivesbegin insert or regulationsend insert adopted pursuant to this
39section. A county may obtain arrest and conviction records or
40reports from any court or law enforcement agency as necessary to
P80 1the performance of its duties, as provided in subdivision (e) of
2Section 1522 of the Health and Safety Code.
3(iv) For public foster family agencies approving resource
4families, the criminal records clearance process set forth in clause
5(i) shall be utilized.
6(v) For private foster family agencies approving resource
7families, the criminal records clearance process set forth in clause
8(i) shall be utilized, but
the Department of Justice shall disseminate
9a fitness determination resulting from the federal criminal offender
10record information search.
11(B) Buildings and grounds and storage requirements that ensure
12the health and safety of children.
13(C) In addition to the foregoing requirements, the resource
14family home environment assessment standards shall also require
15the following:
16(i) That the applicant demonstrate an understanding about the
17rights of children in care and his or her responsibility to safeguard
18those rights.
19(ii) That the total number of children residing in the home of a
20resource family shall be no more than the total number of children
21the
resource family can properly care for, regardless of status, and
22shall not exceed six children, unless exceptional circumstances
23that are documented in the foster child’s case file exist to permit
24a resource family to care for more children, including, but not
25limited to, the need to place siblings together.
26(iii) That the applicant understands his or her responsibilities
27with respect to acting as a reasonable and prudent parent, and
28maintaining the least restrictive environment that serves the needs
29of the child.
30(3) The resource family permanency assessment standards shall
31include, but not be limited to, all of the following:
32(A) The applicant shall complete caregiver training.
33(B) (i) The applicant shall complete a psychosocial assessment,
34which shall include the results of a risk assessment.
35(ii) A caregiver risk assessment shall include, but shall not be
36limited to, physical and mental health, alcohol and other substance
37use and abuse, family and domestic violence, and the factors listed
38in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
39(C) The applicant shall complete any other activities that relate
40to a resource family’s ability to achieve permanency with the child.
P81 1(e) (1) A county may place a child with a resource family
2begin insert applicantend insert that
has successfully completed the home environment
3assessment prior to completion of a permanency assessment only
4if a compelling reason for the placement exists based on the needs
5of the child.
6(2)
end delete
7begin insert(end insertbegin insertA)end insert The permanency assessment shall be completed within 90
8days of the child’s placement in the home, unless good cause exists
9based upon the needs of the child.
10(3)
end delete
11begin insert(end insertbegin insertB)end insert If additional time is needed to complete the permanency
12assessment, the county shall document the extenuating
13circumstances for the delay and generate a timeframe for the
14completion of the permanency assessment.
15(4)
end delete
16begin insert(end insertbegin insertC)end insert The county shall report to the
department on a quarterly
17basis the number of families with a child in an approved home
18whose permanency assessment goes beyond 90 days and
19summarize the reasons for these delays.
20(5)
end delete
21begin insert(end insertbegin insert2)end insert A county may place a child with a relative, as defined in
22Section 319, or nonrelative extended family member, as defined
23in Section 362.7, prior to applying as a resource family only on
24an emergency basis if all of the following requirements are met:
25(A) Consideration of the results of a criminal records check
26conducted pursuant to Section 16504.5 of the relative or nonrelative
27extended family member and of every other adult in the home.
28(B) Consideration of the results of the Child Abuse Central
29Index (CACI) consistent with Section 1522.1 of the Health and
30Safety Code of the relative or nonrelative extended family member,
31and of every other adult in the home.
32(C) The home and grounds are free of conditions that pose undue
33risk to the health and safety of the child.
34(D) For any placement made pursuant to this paragraph, the
35county shall initiate the home environment assessment no later
36than five business days after the placement, which shall include a
37face-to-face
interview with the resource family applicant and child.
38(E)
end delete
P82 1begin insert(end insertbegin insert3)end insert For any placement made pursuant to thisbegin delete paragraph,end delete
2begin insert subdivision,end insert AFDC-FC funding shall not be available until approval
3of the resource family has been completed.
4(F)
end delete
5begin insert(end insertbegin insert4)end insert Any child placed under this section shall be afforded all the
6rights set forth in Section 16001.9.
7(G)
end delete
8begin insert(end insertbegin insert5)end insert Nothing in thisbegin delete paragraphend deletebegin insert
sectionend insert shall limit the county’s
9authority to inspect the home of a resource familybegin insert applicantend insert
or a
10relative or nonrelative extended family member as often as
11necessary to ensure the quality of carebegin delete provided to a child placed begin insert provided.end insert
12on an emergency basis.end delete
13(f) The State Department of Social Services shall be responsible
14for all of the following:
15(1) begin deleteAdministering end deletebegin insert(A)end insertbegin insert end insertbegin insertUntil regulations are adopted,
16administering end insertthe
program through the issuance of written
17directives that shall have the same force and effect as regulations.
18Any directive affecting Article 1 (commencing with Section 700)
19of Chapter 7 of Title 11 of the California Code of Regulations shall
20be approved by the Department of Justice. The directives shall be
21exempt from the rulemaking provisions of the Administrative
22Procedure Act (Chapter 3.5 (commencing with Section 11340))
23of Part 1 of Division 3 of Title 2 of the Government Code.
24
(B) Adopting, amending, or repealing, in accordance with
25Chapter 4.5 (commencing with Section 11371) of Part 1 of Division
263 of Title 2 of the Government Code, any reasonable rules,
27regulations, and standards that may be necessary or proper to
28carry out the purposes and intent of this chapter and to enable the
29department to
exercise the powers and perform the duties conferred
30upon it by this section, consistent with the laws of this state.
31(2) Approving and requiring the use of a single standard for
32resource family approval.
33(3) Adopting and requiring the use of standardized
34documentation for the home environment and permanency
35assessments of resource families.
36(4) Requiring counties to monitor county-approved resource
37families including, but not limited to, all of the following:
38(A) Investigating complaints of resource families.
39(B) Developing and monitoring resource family corrective action
40plans to
correct identified deficiencies and to rescind resource
P83 1family approval if compliance with corrective action plans is not
2achieved.
3(5) Ongoing oversight and monitoring of county systems and
4operations including all of the following:
5(A) Reviewing the county’s implementation plan and
6implementation of the program.
7(B) Reviewing an adequate number of county-approved resource
8families in each county to ensure that approval standards are being
9properly applied. The review shall include case file documentation,
10and may include onsite inspection of individual resource families.
11The review shall occur on an annual basis, and more frequently if
12the department becomes aware that a county is experiencing a
13disproportionate
number of complaints against individual resource
14family homes.
15(C) Reviewing county reports of serious complaints and
16incidents involving approved resource families, as determined
17necessary by the department. The department may conduct an
18independent review of the complaint or incident and change the
19findings depending on the results of its investigation.
20(D) Investigating unresolved complaints against counties.
21(E) Requiring corrective action of counties that are not in full
22compliance with this section.
23(6) Updating the Legislature on the early implementation phase
24of the program, including the status of implementation, successes,
25and
challenges during the early implementation phase, and relevant
26available data, including resource family satisfaction.
27(7) Implementing due process procedures, including, but not
28limited to, all of the following:
29(A) Providing a statewide fair hearing process for denials,
30rescissions, or exclusion actions.
31(B) Amending the department’s applicable state hearing
32procedures and regulations or using the Administrative Procedure
33Act, when applicable, as necessary for the administration of the
34program.
35(g) Counties shall be responsible for all of the following:
36(1) Submitting an implementation
plan and consulting with the
37county probation department in the development of the
38implementation plan.
39(2) Complying with the written directivesbegin insert or regulationsend insert adopted
40pursuant to this section.
P84 1(3) Implementing the requirements for resource family approval
2and utilizing standardized documentation established by the
3department.
4(4) Training appropriate staff, including ensuring staff have the
5education and experience necessary to complete the home
6environment and psychosocial assessments competently.
7(5) (A) Taking the following actions, as applicable:
8(i) Approving or denying resource family applications.
9(ii) Rescinding approvals of resource families.
10(iii) Excluding a resource family parent or other individual from
11presence in any resource family home, consistent with the
12established standard.
13(iv) Issuing a temporary suspension order that suspends the
14resource family approval prior to a hearing when urgent action is
15needed to protect a child from physical or mental abuse,
16abandonment, or any other substantial threat to health or safety,
17consistent with the established standard.
18(v) Granting, denying, or rescinding criminal record exemptions.
19(B) Providing a resource family parent, applicant, excluded
20individual, or individual who is the subject of a criminal record
21exemption decision, requesting review of that
decision, with due
22process pursuant to the department’s statutes, regulations, and
23written directives.
24(C) Notifying the department of any decisions denyingbegin delete a begin insert anend insert applicationbegin insert for resource family approvalend insert or
25resource family’send delete
26rescinding the approval of a resource family, excluding an
27individual,begin delete or taking other administrative action.end deletebegin insert or denying or
28rescinding a criminal record exemption, and, if applicable,
29notifying the
department of the results of an administrative action.end insert
30(6) (A) Updating resource family approval annually.
31(B) A county shall conduct an announced inspection of a
32resource family home during the annual update in order to ensure
33that the resource family is conforming to all applicable laws and
34the written directives or regulations adopted pursuant to this
35section.
36(7) Monitoring resource families through all of the following:
37(A) Ensuring that social workers who identify a condition in
38the home that may not meet the approval standards set forth in
39subdivision (d) while in the course of a routine visit to children
40placed
with a resource family take appropriate action as needed.
P85 1(B) Requiring resource families to comply with corrective action
2plans as necessary to correct identified deficiencies. If corrective
3action is not completed as specified in the plan, the county may
4rescind the resource family approval.
5(C) Requiring resource families to report to the county child
6welfare agency any incidents consistent with the reporting
7requirements for licensed foster family homes.
8(D) Inspecting resource family homes as often as necessary to
9ensure the quality of care provided.
10(8) (A) Investigating all complaints against a resource family
11and taking action as
necessary, including, but not limited to,
12investigating any incidents reported about a resource family
13indicating that the approval standard is not being maintained and
14inspecting the resource family home.
15(B) The child’s social worker shall not conduct the formal
16investigation into the complaint received concerning a family
17
providing services under the standards required by subdivision
18(d). To the extent that adequate resources are available, complaints
19shall be investigated by a worker who did not initially conduct the
20home environment or psychosocial assessments.
21(C) Upon conclusion of the complaint investigation, the final
22disposition shall be reviewed and approved by a supervising staff
23member.
24(D) The department shall be notified of any serious incidents
25or serious complaints or any incident that falls within the definition
26of Section 11165.5 of the Penal Code. If those incidents or
27complaints result in an investigation, the department shall also be
28notified as to the status and disposition of that investigation.
29(9) Performing corrective action as required by the department.
30(10) Assessing county performance in related areas of the
31California Child and Family Services Review System, and
32remedying problems identified.
33(11) Submitting information and data that the department
34determines is necessary to study, monitor, and prepare the report
35specified in paragraph (6) of subdivision (f).
36(12) Ensuring resource family applicants and resource families
37have the necessary knowledge, skills, and abilities to support
38children in foster care by completing caregiver training. The
39training should include a curriculum that supports the role of a
40resource family in parenting vulnerable children and should be
P86 1ongoing in order to
provide resource families with information on
2trauma-informed practices and requirements and other topics within
3the foster care system.
4(13) Ensuring that a resource family applicant completes a
5minimum of 12 hours of preapproval training. The training shall
6include, but not be limited to, all of the following courses:
7(A) An overview of the child protective and probation systems.
8(B) The effects of trauma, including grief and loss, and child
9abuse and neglect, on child development and behavior, and
10methods to behaviorally support children impacted by that trauma
11or child abuse and neglect.
12(C) Positive discipline and the importance of self-esteem.
13(D) Health issues in foster care.
14(E) Accessing services and supports to address education needs,
15physical, mental, and behavioral health, and substance use
16disorders, including culturally relevant services.
17(F) The rights of a child in foster care, and the resource family’s
18responsibility to safeguard those rights, including the right to have
19fair and equal access to all available services, placement, care,
20treatment, and benefits, and to not be subjected to discrimination
21or harassment on the basis of actual or perceived race, ethnic group
22identification, ancestry, national origin, color, religion, sex, sexual
23orientation, gender identity, mental or physical disability, or HIV
24status.
25(G) Cultural needs of children, including instruction on cultural
26competency and sensitivity, and related best practices for providing
27adequate care for children or youth across diverse ethnic and racial
28backgrounds, as well as children or youth identifying as lesbian,
29gay, bisexual, or transgender.
30(H) Basic instruction on existing laws and procedures regarding
31the safety of foster youth at school; and ensuring a harassment and
32violence free school environment pursuant to Article 3.6
33(commencing with Section 32228) of Chapter 2 of Part 19 of
34Division 1 of Title 1 of the Education Code.
35(I) Permanence, well-being, and education needs of children.
36(J) Child and
adolescent development, including sexual
37orientation, gender identity, and expression.
38(K) The role of resource families, including working
39cooperatively with the child welfare or probation agency, the
P87 1child’s family, and other service providers implementing the case
2plan.
3(L) The role of a resource family on the child and family team
4as defined in paragraph (4) of subdivision (a) of Section 16501.
5(M) A resource family’s responsibility to act as a reasonable
6and prudent parent, as described in subdivision (c) of Section
71522.44 of the Health and Safety Code, and to provide a family
8setting that promotes normal childhood experiences and that serves
9the needs of the child.
10(N) An overview of the specialized training identified in
11subdivision (h).
12(14) Ensuring approved resource families complete a minimum
13of eight training hours annually, a portion of which shall be from
14one or more of the topics listed in paragraph (13).
15(h) In addition to any training required by this section,begin insert a county
16may requireend insert a resource familybegin delete may be requiredend delete to receivebegin insert relevantend insert
17 specializedbegin delete training, as
relevant and as needed,end delete
18purpose of preparing the resource family to meet the needs of a
19particular child in care. This training may include, but is not limited
20to, the following:
21(1) Understanding how to use best practices for providing care
22and supervision to commercially sexually exploited children.
23(2) Understanding how to use best practices for providing care
24and supervision to lesbian, gay, bisexual, and transgender children.
25(3) Understanding the requirements and best practices regarding
26psychotropic medications, including, but not limited to, court
27authorization, benefits, uses, side effects, interactions,
assistance
28with self-administration, misuse, documentation, storage, and
29metabolic monitoring of children prescribed psychotropic
30medications.
31(4) Understanding the federal Indian Child Welfare Act (25
32U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
33children covered by the act, and the best interests of Indian
34children, including the role of the caregiver in supporting culturally
35appropriate, child-centered practices that respect Native American
36history, culture, retention of tribal membership and connection to
37the tribal community and traditions.
38(5) Understanding how to use best practices for providing care
39and supervision to nonminor dependents.
P88 1(6) Understanding how to use best practices
for providing care
2and supervision to children with special health care needs.
3(7) Understanding the different permanency options and the
4services and benefits associated with the options.
5(i) Nothing in this section shall preclude a county or a foster
6family agency from requiring resource family training in excess
7of the requirements in this section.
8(j) (1) Resource families who move
home locations shall retain
9their resource family statusbegin delete if the new building and grounds, begin insert end insertbegin insertpending the outcome of the update conducted pursuant
10outdoor activity areas, and storage areas meet home environment
11standards.end delete
12to paragraph (6) of subdivision (g).end insert
13(2) The State Department of Social Services or a county may
14allow a program-affiliated individual to transfer his or her
15subsequent arrest notification if the individual moves from one
16county to another
county, as specified in subdivision (g) of Section
171522 of the Health and Safety Code.
18(3) Subject to the requirements in paragraph (1), the family shall
19continue to be approved for guardianship and adoption. Nothing
20in this subdivision shall limit a county, foster family agency, or
21adoption agency from determining that the family is not approved
22for guardianship or adoption based on changes in the family’s
23circumstances or psychosocial assessment.
24(k) Implementation of the program shall be contingent upon the
25continued availability of federal Social Security Act Title IV-E
26(42 U.S.C. Sec. 670) funds for costs associated with placement of
27children with resource families assessed and approved under the
28program.
29(l) A child placed with a resource family shall be eligible for
30AFDC-FC payments. A resource family, or a foster family agency
31pursuant to subdivisions (p) and (q), shall be paid an AFDC-FC
32rate pursuant to Sections 11460, 11461, and 11463. Sharing ratios
33for nonfederal expenditures for all costs associated with activities
34related to the approval of relatives and nonrelative extended family
35members shall be in accordance with Section 10101.
36(m) The Department of Justice shall charge fees sufficient to
37cover the cost of initial or subsequent criminal offender record
38information and Child Abuse Central Index searches, processing,
39or responses, as specified in this section.
P89 1(n) Except as provided, approved resource families shall be
2exempt frombegin delete allend deletebegin insert
bothend insert of the following:
3(1) Licensure requirements set forth under the Community Care
4
Facilities Act, commencing with Section 1500 of the Health and
5Safety Code, and all regulations promulgated thereto.
6(2) Relative and nonrelative extended family member approval
7requirements set forth under Sections 309, 361.4, and 362.7, and
8all regulations promulgated thereto.
9(3) Adoptions approval and reporting requirements set forth
10under Section 8712 of the Family Code, and all regulations
11promulgated thereto.
12(o) (1) Early implementation counties shall be authorized to
13continue through December 31, 2016. The program shall be
14implemented
by each county on or before January 1, 2017. On and
15after January 1, 2017, a county shall approve resource families in
16lieu of licensing foster family homes and approving relative or
17nonrelative extended family members. Notwithstanding this
18provision, the existing licensure or approval and oversight
19processes shall continue to be administered for foster family homes
20and relatives or nonrelative extended family members licensed or
21approved prior to January 1, 2017,begin delete in accordance with paragraphs begin insert until the license or approval is revoked or forfeited by
22(3) and (4).end delete
23operation of law pursuant to this section or Section 1524 of the
24Health and Safety Code.end insert
25(2) No later than July 1, 2017,
each county shall provide the
26following information to all licensed foster family homes and all
27approved relatives and nonrelative extended family members:
28(A) A detailed description of the resource family approval
29program.
30(B) Notification that, in order to care for a foster child, resource
31family approval is required by December 31, 2019.
32(C) Notification that a foster family home license and an
33approval of a relative or nonrelative extended family member shall
34be forfeited by operation of law as provided for in paragraph (4).
35(3) By no later than January 1, 2018, the following shall apply
36to all licensed foster family homes and approved relative and
37nonrelative
extended family members:
38(A) A licensed foster family home, and an approved relative or
39nonrelative extended family member with an approved adoptive
P90 1home study completed prior to January 1, 2018, shall be deemed
2to be an approved resource family.
3(B) A licensed foster family home, and an approved relative or
4nonrelative extended family member who had a child in placement
5
at any time between January 1, 2017, and December 31, 2017,
6inclusive, may be approved as a resource family on the date of
7successful completion of a psychosocial assessment pursuant to
8subparagraph (B) of paragraph (3) of subdivision (d).
9(C) A county may provide supportive services to all licensed
10foster family home providers, relatives, and nonrelative extended
11family members with a child in placement to assist with the
12resource family transition and to minimize placement disruptions.
13(4) All foster family licenses and approvals of a relative or
14nonrelative extended family member shall be forfeited by operation
15of law on December 31, 2019, except as provided in this paragraph:
16(A) All licensed
foster family homes that did not have a child
17in placement at any time between January 1, 2017, and December
1831, 2017, inclusive, shall forfeit the license by operation of law
19on January 1, 2018.
20(B) For foster family home licensees and approved relatives or
21nonrelative extended family members who have a pending resource
22family application on December 31, 2019, the foster family home
23license or relative and nonrelative extended family member
24approval shall be forfeited by operation of law on the date of
25approval as a resource family. If approval is denied, forfeiture by
26operation of law shall occur on the date of completion of any
27proceedings required by law to ensure due process.
28(p) On and after January 1, 2017, all licensed foster family
29agencies shall approve resource families in
lieu of certifying foster
30
begin delete homes. A foster family agency, or a short-term residential treatment begin insert homes, as set forth in
31center pursuant to subdivision (b) of Section 11462, shall require
32applicants and resource families to meet the resource family
33approval standards and requirements set forth in this chapter and
34in the written directives adopted pursuant to this chapter prior to
35approval and in order to maintain approval.end delete
36Section 1517 of the Health and Safety Code.end insert
37(q) Commencing January 1, 2016, the department may establish
38participation conditions, and select and authorize foster family
39agencies that voluntarily submit implementation plans and
revised
40plans of operation in accordance with requirements established by
P91 1the department, to approve resource families in lieu of certifying
2foster homes.
3(1) Notwithstanding any other law, a participating foster family
4agency shall require resource families to meet and maintain the
5resource family approval standards and requirements set forth in
6this chapter and in the written directives adopted hereto prior to
7approval and in order to maintain approval.
8(2) A participating foster family agency shall implement the
9resource family approval program pursuant to Section 1517 of the
10Health and Safety Code.
11(3) Nothing in this section shall be construed to limit the
12authority of the department to inspect, evaluate, or
investigate a
13complaint or incident, or initiate a disciplinary action against a
14foster family agency pursuant to Article 5 (commencing with
15Section 1550) of Chapter 3 of Division 2 of the Health and Safety
16Code, or to take any action it may deem necessary for the health
17and safety of children placed with the foster family agency.
18(4) The department may adjust the foster family agency
19AFDC-FC rate pursuant to Section 11463 for implementation of
20this subdivision.
21(5) This subdivision shall become inoperative on January 1,
222017.
begin insertSection 16519.51 of the end insertbegin insertWelfare and Institutions Codeend insert
24
begin insert is amended to read:end insert
Notwithstanding any other law, preapproval training
26for a resource family applicant and annual training for an approved
27resource family shall include training on knowledge and skills
28related to the application of the reasonable and prudent parent
29standard for the participation of the child in age or developmentally
30appropriate activities, as set forth in Sectionbegin delete 1522.4end deletebegin insert 1522.44end insert of
31the Health and Safety Code.
To the extent that this act has an overall effect of
34increasing certain costs already borne by a local agency for
35programs or levels of service mandated by the 2011 Realignment
36Legislation within the meaning of Section 36 of Article XIII of
37the California Constitution, it shall apply to local agencies only to
38the extent that the state provides annual funding for those cost
39increases. Any new program or higher level of service provided
40by a local agency pursuant to this act above the level for which
P92 1funding has been
provided shall not require a subvention of funds
2by the state nor otherwise be subject to Section 6 of Article XIII
3B of the California Constitution.
4With regard to certain other costs that may be incurred by a local
5
agency or school district, no reimbursement is required by this act
6pursuant to Section 6 of Article XIII B of the California
7Constitution because, in that regard, this act creates a new crime
8or infraction, eliminates a crime or infraction, or changes the
9penalty for a crime or infraction within the meaning of Section
1017556 of the Government Code, or changes the definition of a
11crime within the meaning of Section 6 of Article XIII B of the
12California Constitution.
O
98