Amended in Assembly May 27, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1997

Introduced by Assembly Member Mark Stone

February 16, 2016

An act to amend Section 7911.1 of the Family Code, to amend Sections 1501.1, 1502, begin insert 1506, end insert 1506.1, begin insert 1506.5, 1506.6, 1506.7, 1506.8, end insert 1517, 1520.1, begin insert 1522.44, 1523.1, end insert 1525.5, begin insert 1536, 1538.8, 1538.9, end insert and 1562.01 of, begin insert to amend and repeal Section 1506.3 of, end insert and to add begin delete Section 1517.1 end delete begin insert Sections 1517.1, 1517.2, and 1517.3 end insert to, the Health and Safety Code, begin insert to amend Section 11165.7 of the Penal Code, to amend Sections 1541 and 1543 of the Probate Code, end insert and to amend Sections begin insert 291, 293, 294, 295, end insert 361.2, begin insert 361.5, end insert 366.26, 727, begin insert 727.4, end insert 4094.2, begin insert 11400, 11402, end insert 11460, begin insert 11461, end insert 11462, begin insert 11462.04, end insert begin insert 11463, end insert 11463.01, begin insert 11463.1, end insert 11466, begin insert 11466.2, end insert 11466.21, 11466.22, begin insert 11466.24, 11466.25, 11466.31, 11466.32, end insert 11469, begin insert 16504.5, end insert 16514, 16519.5, and begin delete 16519.51 of end delete begin insert 16519.55 of, to amend, repeal, and add Section 11462.06 of, to add Sections 11466.01, 16519.61, and 16519.62 to, to add the heading of Article 2 (commencing with Section 16519.5) to Chapter 5 of Part 4 of Division 9 of, to add the heading of Article 3 (commencing with Section 16520) to Chapter 5 of Part 4 of Division 9 of, and to repeal and add Sections 11402.01 and 16519.51 of, end insert the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

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 would also begin delete provide end delete begin insert specify end insert that the resource family approval process replaces begin insert certification of foster homes by foster family agencies and end insert the approval of guardians. The bill would make conforming statutory changes related to the statewide implementation of the resource family approval process, including prohibiting the department from accepting applications to license foster family homes on and after January 1, 2017. The bill would also begin insert make specified changes relating to resource families including by, among others, requiring that the basic rate paid to resource families be the same whether the family is approved by a foster family agency or a county, and would end insert revise certain aspects of the resource family approval process, including begin delete by end delete begin insert by, among other things, end insert 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, begin delete and by end delete authorizing counties to grant, deny, or rescind criminal records begin delete exemptions. end delete begin insert exemptions, and end insert begin insert making it a misdemeanor to declare as true, in a resource family application form, any material matter that the applicant knows to be false. end insert By imposing additional duties on counties, by creating a new begin delete crime end delete begin insert crime, end insert and by expanding the duties of foster family agencies, for which the failure to comply is a crime, this bill would impose a state-mandated local program.

Existing law 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.

This bill would instead make those provision inoperative on January 1, 2019. begin insert The bill would require the department to establish rates for foster family agencies that include an interim rate, provisional rate, and probationary rate, and would provide for the implementation of those rates. end insert

Existing 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 begin delete would require end delete begin insert requires end insert 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.

This 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.

Existing 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.

This 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.

Existing law, the California Community Care Facilities Act, provides for the licensure of short-term residential treatment centers, which are residential facilities licensed by the State Department of Social Services and operated by any public agency or private organization that provides short-term, specialized, and intensive treatment, and 24-hour care and supervision to children. A violation of the act is a crime.

This bill would begin insert require the department to establish rates for short-term residential treatment centers that include an interim rate, provisional rate, and probationary rate, and would provide for the implementation of those rates. The bill would end insert 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 insert

Existing law requires the department to, at least annually, compile specified information relating to the use of psychotropic medication for each group home and to establish a methodology to identify those group homes that have levels of psychotropic drug utilization warranting additional review.

end insert begin insert

This bill would also require the department to compile that information for short-term residential treatment centers and require that methodology to apply to short-term residential treatment centers in a manner determined by the department.

end insert

Existing 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.

This 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.

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

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

begin insert

Existing federal law, the Adoption and Safe Families Act of 1997, among other provisions, establishes a permanent placement option for older children as an alternative to long-term foster care, referred to in the act as “another planned permanent living arrangement” (APPLA). Existing law declares the intent of the Legislature to conform state law to the federal act, as specified. Existing law generally provides a minor 16 years of age and older with another planned permanent living arrangement, as prescribed.

end insert begin insert

This bill would make conforming changes by deleting references to long-term foster care and instead providing for placement in another planned permanent living arrangement.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

SECTION 1.  

Section 7911.1 of the Family Code is amended
to read:

7911.1.  

(a) Notwithstanding any other law, the State
Department of Social Services or its designee shall investigate any
threat to the health and safety of children placed by a California
county social services agency or probation department in an
out-of-state group home pursuant to the provisions of the Interstate
Compact on the Placement of Children. This authority shall include
the authority to interview children or staff in private or review
their file at the out-of-state facility or wherever the child or files
may be at the time of the investigation. Notwithstanding any other
law, the State Department of Social Services or its designee shall
require certified out-of-state group homes to comply with the
reporting requirements applicable to group homes licensed in
California pursuant to Title 22 of the California Code of
Regulations for each child in care regardless of whether he or she
is a California placement, by submitting a copy of the required
reports to the Compact Administrator within regulatory timeframes.
The Compact Administrator within one business day of receiving
a serious events report shall verbally notify the appropriate
placement agencies begin delete and end delete begin insert and, end insert within five working days of receiving
a written report from the out-of-state group home, forward a copy
of the written report to the appropriate placement agencies.

(b) Any contract, memorandum of understanding, or agreement
entered into pursuant to paragraph (b) of Article 5 of the Interstate
Compact on the Placement of Children regarding the placement
of a child out of state by a California county social services agency
or probation department shall include the language set forth in
subdivision (a).

(c) (1) The State Department of Social Services or its designee
shall perform initial and continuing inspection of out-of-state group
homes in order to either certify that the out-of-state group home
meets all licensure standards required of group homes operated in
California or that the department has granted a waiver to a specific
licensing standard upon a finding that there exists no adverse
impact to health and safety.

(2) On and after January 1, 2017, the licensing standards
applicable to out-of-state group homes certified by the department,
as described in paragraph begin delete (1) end delete begin insert (1), end insert shall be those required of
short-term residential treatment centers operated in this begin delete state. end delete begin insert state, end insert

begin insert unless the out-of-state group home is granted an extension pursuant
to subdivision (d) of Section 11462.04 of the Welfare and
Institutions Code. end insert

(3) In order to receive certification, the out-of-state group home
shall have a current license, or an equivalent approval, in good
standing issued by the appropriate authority or authorities of the
state in which it is operating.

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

(5) Any failure by an out-of-state group home facility to make
children or staff available as required by subdivision (a) for a
private interview or make files available for review shall be
grounds to deny or discontinue the certification.

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

(d) A county shall be required to obtain an assessment and
placement recommendation by a county multidisciplinary team
prior to placement of a child in an out-of-state group home facility.

(e) Any failure by an out-of-state group home to obtain or
maintain its certification as required by subdivision (c) shall
preclude the use of any public funds, whether county, state, or
federal, in the payment for the placement of any child in that
out-of-state group home, pursuant to the Interstate Compact on
the Placement of Children.

(f) (1) A multidisciplinary team shall consist of participating
members from county social services, county mental health, county
probation, county superintendents of schools, and other members
as determined by the county.

(2) Participants shall have knowledge or experience in the
prevention, identification, and treatment of child abuse and neglect
cases, and shall be qualified to recommend a broad range of
services related to child abuse or neglect.

(g) (1) The department may deny, suspend, or discontinue the
certification of the out-of-state group home if the department makes
a finding that the group home is not operating in compliance with
the requirements of subdivision (c).

(2) Any judicial proceeding to contest the department’s
determination as to the status of the out-of-state group home
certificate shall be held in California pursuant to Section 1085 of
the Code of Civil Procedure.

(h) The certification requirements of this section shall not impact
placements of emotionally disturbed children made pursuant to an
individualized education program developed pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
et seq.) if the placement is not funded with federal or state foster
care funds.

(i) Only an out-of-state group home authorized by the Compact
Administrator to receive state funds for the placement by a county
social services agency or probation department of any child in that
out-of-state group home from the effective date of this section
shall be eligible for public funds pending the department’s
certification under this section.

SEC. 2.  

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

1501.1.  

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

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

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

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

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

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

SEC. 3.  

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

1502.  

As used in this chapter:

(a) “Community care facility” means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children,
and includes the following:

(1) “Residential facility” means any family home, group care
facility, or similar facility determined by the department, for
24-hour nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.

(2) “Adult day program” means any community-based facility
or program that provides care to persons 18 years of age or older
in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.

(3) “Therapeutic day services facility” means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be
placed in foster care or who are returning to families from foster
care. Program standards for these facilities shall be developed by
the department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.

(4) “Foster family agency” means any public agency or private
organization, organized and operated on a nonprofit basis, engaged
in begin delete any end delete begin insert either end insert of the following:

(A) Recruiting, certifying, approving, and training of, and
providing professional support to, foster parents and resource
families.

begin delete

(B) Finding homes for the placement of children for temporary
or permanent care who require that level of care.

(C) Cooperatively matching children with resource families as
specified in Section 1517.

end delete begin insert

(B) Coordinating with placing agencies to find homes for
children in need of care.

end insert

(5) “Foster family home” means any residential facility
providing 24-hour care for six or fewer foster children that is
owned, leased, or rented and is the residence of the foster parent
or parents, including their family, in whose care the foster children
have been placed. The placement may be by a public or private
child placement agency or by a court order, or by voluntary
placement by a parent, parents, or guardian. It also means a foster
family home described in Section 1505.2.

(6) “Small family home” means any residential facility, in the
licensee’s family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental
or physical disabilities and who require special care and supervision
as a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision
(a) of Section 17710 of the Welfare and Institutions Code. In
addition to placing children with special health care needs, the
department may approve placement of children without special
health care needs, up to the licensed capacity.

(7) “Social rehabilitation facility” means any residential facility
that provides social rehabilitation services for no longer than 18
months in a group setting to adults recovering from mental illness
who temporarily need assistance, guidance, or counseling. Program
components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
2 of Division 5 of the Welfare and Institutions Code.

(8) “Community treatment facility” means any residential
facility that provides mental health treatment services to children
in a group setting and that has the capacity to provide secure
containment. Program components shall be subject to program
standards developed and enforced by the State Department of
Health Care Services pursuant to Section 4094 of the Welfare and
Institutions Code.

Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.

(9) “Full-service adoption agency” means any licensed entity
engaged in the business of providing adoption services, that does
all of the following:

(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.

(B) Assesses the birth parents, prospective adoptive parents, or
child.

(C) Places children for adoption.

(D) Supervises adoptive placements.

Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title
22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider,
in compliance with Subpart F (commencing with Section 96.29)
of Part 96 of Title 22 of the Code of Federal Regulations.

(10) “Noncustodial adoption agency” means any licensed entity
engaged in the business of providing adoption services, that does
all of the following:

(A) Assesses the prospective adoptive parents.

(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.

(C) Cooperatively supervises adoptive placements with a
full-service adoption agency, but does not disrupt a placement or
remove a child from a placement.

Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency
shall be accredited and in good standing according to Part 96 of
Title 22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider,
in compliance with Subpart F (commencing with Section 96.29)
of Part 96 of Title 22 of the Code of Federal Regulations.

(11) “Transitional shelter care facility” means any group care
facility that provides for 24-hour nonmedical care of persons in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the
individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.

(12) “Transitional housing placement provider” means an
organization licensed by the department pursuant to Section
1559.110 and Section 16522.1 of the Welfare and Institutions Code
to provide transitional housing to foster children at least 16 years
of age and not more than 18 years of age, and nonminor
dependents, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, to promote their transition to
adulthood. A transitional housing placement provider shall be
privately operated and organized on a nonprofit basis.

(13) “Group home” means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be
nonmedical, except as otherwise permitted by law.

(14) “Runaway and homeless youth shelter” means a group
home licensed by the department to operate a program pursuant
to Section 1502.35 to provide voluntary, short-term, shelter and
personal services to runaway youth or homeless youth, as defined
in paragraph (2) of subdivision (a) of Section 1502.35.

(15) “Enhanced behavioral supports home” means a facility
certified by the State Department of Developmental Services
pursuant to Article 3.6 (commencing with Section 4684.80) of
Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
and licensed by the State Department of Social Services as an adult
residential facility or a group home that provides 24-hour
nonmedical care to individuals with developmental disabilities
who require enhanced behavioral supports, staffing, and
supervision in a homelike setting. An enhanced behavioral supports
home shall have a maximum capacity of four consumers, shall
conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
Regulations, and shall be eligible for federal Medicaid home- and
community-based services funding.

(16) “Community crisis home” means a facility certified by the
State Department of Developmental Services pursuant to Article
8 (commencing with Section 4698) of Chapter 6 of Division 4.5
of the Welfare and Institutions Code, and licensed by the State
Department of Social Services pursuant to Article 9.7 (commencing
with Section 1567.80), as an adult residential facility, providing
24-hour nonmedical care to individuals with developmental
disabilities receiving regional center service, in need of crisis
intervention services, and who would otherwise be at risk of
admission to the acute crisis center at Fairview Developmental
Center, Sonoma Developmental Center, an acute general hospital,
acute psychiatric hospital, an institution for mental disease, as
described in Part 5 (commencing with Section 5900) of Division
5 of the Welfare and Institutions Code, or an out-of-state
placement. A community crisis home shall have a maximum
capacity of eight consumers, as defined in subdivision (a) of
Section 1567.80, shall conform to Section 441.530(a)(1) of Title
42 of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home- and community-based services funding.

(17) “Crisis nursery” means a facility licensed by the department
to operate a program pursuant to Section 1516 to provide short-term
care and supervision for children under six years of age who are
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation.

(18) “Short-term residential treatment center” means a
residential facility licensed by the department pursuant to Section
1562.01 and operated by any public agency or private organization
that provides short-term, specialized, and intensive treatment, and
24-hour care and supervision to children. The care and supervision
provided by a short-term residential treatment center shall be
nonmedical, except as otherwise permitted by law. Private
short-term residential treatment centers shall be organized and
operated on a nonprofit basis.

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

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

begin insert

begin insert SEC. 4. end insert   

end insert

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

1506.  

(a) (1)  begin delete Any holder of a valid license issued by the
department that authorizes the licensee to engage in end delete begin insert A end insert foster family
agency begin delete functions end delete may use only a certified family home begin insert or a
resource family end insert that has been certified begin insert or approved end insert by that agency
begin delete or end delete begin insert or, pursuant to Section 1506.5, end insert a licensed foster family home
begin insert or a county-approved resource family end insert approved for this use by the

begin delete licensing county pursuant to Section 1506.5. end delete begin insert county. end insert

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

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

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

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

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

begin insert

(4) This subdivision shall apply to foster family agencies only
until December 31, 2019, in accordance with Section 1517.

end insert

(c) As used in this chapter, “certified family home” means begin delete a end delete begin insert an
individual or end insert family begin delete residence end delete certified by a licensed foster family
agency and issued a certificate of approval by that agency as
meeting licensing standards, and used begin delete only end delete begin insert exclusively end insert by that
foster family agency for placements.

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

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

(A) Marriage, family, and child counseling.

(B) Child psychology.

(C) Child development.

(D) Counseling psychology.

(E) Social psychology.

(F) Clinical psychology.

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

(H) Education, with emphasis on counseling.

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

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

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

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

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

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

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

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

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

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

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

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

begin delete

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

end delete begin delete

(i)

end delete

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

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

Section 1506.1 of the Health and Safety Code is
amended to read:

1506.1.  

(a) A foster family agency shall prepare and maintain
a current, written plan of operation as required by the department.

(b) (1) A foster family agency shall have national accreditation
from an entity identified by the department pursuant to the process
described in paragraph (8) of subdivision (b) of Section 11463 of
the Welfare and Institutions Code.

(2) The following applies to a foster family agency licensed
before January 1, 2017:

(A) The foster family agency shall have until December 31,
2018, to obtain accreditation.

(B) The foster family agency shall submit documentation of
accreditation or application for accreditation to the department in
a time and manner as determined by the department.

(C) The foster family agency shall provide documentation to
the department reporting its accreditation status as of January 1,
2018, and July 1, 2018, in a time and manner as determined by the
department.

(3) The following applies to a foster family agency licensed on
or after January 1, 2017:

(A) The foster family agency shall have up to 24 months from
the date of licensure to obtain accreditation.

(B) The foster family agency applicant shall submit
documentation of accreditation or application for accreditation
with its application for licensure.

(C) The foster family agency shall provide documentation to
the department reporting its accreditation status at 12 months and
at 18 months after the date of licensure.

(4) This subdivision does not preclude the department from
requesting additional information from the foster family agency
regarding its accreditation status.

(5) The department may revoke a foster family agency’s license
pursuant to Article 5 (commencing with Section 1550) for failure
to obtain accreditation within the timeframes specified in this
subdivision.

(c) (1) On and after January 1, 2017, a foster family agency’s
plan of operation shall demonstrate the foster family agency’s
ability to support the differing needs of children and their families.

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

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

(A) The core services and supports, as set forth in paragraph
(5) of subdivision (b) of Section 11463 of the Welfare and
Institutions Code, and as prescribed by the department, to be
offered to children and their families, as appropriate or as
necessary.

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

(C) The procedures for the development, implementation, and
periodic updating of the needs and services plan for children placed
with the foster family agency or served by the foster family agency,
and procedures for collaborating with the child and family team
as described in paragraph (4) of subdivision (a) of Section 16501
of the Welfare and Institutions Code, that includes, but is not
limited to, a description of the services to be provided to meet the
treatment needs of children assessed pursuant to subdivision (d)
or (e) of Section 11462.01 of the Welfare and Institutions Code.

(D) How the foster family agency will comply with the resource
family approval standards and requirements, as set forth in Section
begin delete 16519.5 end delete begin insert 1517 of this code and Article 2 (commencing with Section
16519.5) of Chapter 5 of Part 4 of Division 9 end insert of the Welfare and
Institutions Code.

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

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

(d) In addition to the rules and regulations adopted pursuant to
this chapter, a county licensed to operate a foster family agency
shall describe, in the plan of operation, its conflict-of-interest
mitigation plan, on and after January 1, 2017, as set forth in
subdivision (g) of Section 11462.02 of the Welfare and Institutions
Code.

(e) The foster family agency’s plan of operation shall
demonstrate the foster family agency’s ability to provide treatment
services to meet the individual needs of children placed in begin delete licensed,
approved, or certified relative and nonrelative foster families, end delete
begin insert certified family homes or with resource families, end insert as specified in
Section 11402 of the Welfare and Institutions Code.

(f) The department shall have the authority to inspect a foster
family agency pursuant to the system of governmental monitoring
and oversight developed by the department on and after January
1, 2017, pursuant to subdivision (c) of Section 11463 of the
Welfare and Institutions Code.

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

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1506.3 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1506.3.  

(a) A foster family agency that provides treatment of
children in foster families shall employ one full-time social work
supervisor for every eight social workers or fraction thereof in the
agency.

(b) This section shall remain in effect only until the date when
the total foster family agency rate by age group paid to licensed
foster family agencies for the placement of children in certified
foster family homes is restored to at least the rate in effect on
September 30, 2009, and the Director of Social Services issues a
declaration to this effect to the Senate Committee on Budget and
Fiscal Review, Senate Committee on Human Services, the
Assembly Committee on Budget, and the Assembly Committee
on Human Services, or their successor committees. Upon the
restoration to at least the rate in effect on September 30, 2009, the
director shall issue the declaration. On that date, this section shall
be repealed.

begin insert

(c) Notwithstanding subdivision (b), this section shall be
inoperative on January 1, 2017, except with regard to foster family
agencies that have been granted an extension pursuant to Section
11463.1, in which case it shall be inoperative on January 1, 2019,
and, as of January 1, 2019, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019,
deletes or extends the dates on which it becomes ineffective and
is repealed.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1506.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1506.5.  

(a) Foster family agencies shall not use foster family
homes licensed by a county begin insert or resource families approved by a
county end insert without the approval of the licensing begin insert or approving end insert county.
When approval is granted, a written agreement between the foster
family agency and the county shall specify the nature of
administrative control and case management responsibility and
the nature and number of the children to be served in the home.

(b) Before a foster family agency may use a licensed foster
family home it shall review and, with the exception of a new
fingerprint clearance, qualify the home in accordance with Section
1506.

(c) When approval is begin delete given, end delete begin insert granted pursuant to subdivision
(a), end insert and for the duration of the agreement permitting the foster
family agency use of begin delete its end delete begin insert the end insert licensed foster family begin delete home, end delete begin insert home or
county-approved resource family, end insert no child shall be placed in that
home except through the foster family agency.

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

(e) (1) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant previously was issued
a license under this chapter or under Chapter 1 (commencing with
Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3.01 (commencing with Section 1568.01), Chapter 3.2
(commencing with Section 1569), Chapter 3.4 (commencing with
Section 1596.70), Chapter 3.5 (commencing with Section 1596.90),
or Chapter 3.6 (commencing with Section 1597.30) and the prior
license was revoked within the preceding two years, the foster
family agency shall cease any further review of the application
until two years have elapsed from the date of the revocation.

(2) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant previously was issued
a certificate of approval by a foster family agency that was revoked
by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the foster family agency shall cease
any further review of the application until two years have elapsed
from the date of the revocation.

(3) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant was excluded from
a facility licensed by the department or from a certified family
home pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
the foster family agency shall cease any further review of the
application unless the excluded person has been reinstated pursuant
to Section 11522 of the Government Code by the department.

(4) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.

(f) (1) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (e) and the application was denied within the
last year, the foster family agency shall cease further review of the
application as follows:

(A)  begin delete In cases where end delete begin insert When end insert the applicant petitioned for a hearing,
the foster family agency shall cease further review of the
application until one year has elapsed from the effective date of
the decision and order of the department upholding a denial.

(B)  begin delete In cases where end delete begin insert When end insert the department informed the applicant
of his or her right to petition for a hearing and the applicant did
not petition for a hearing, the foster family agency shall cease
further review of the application until one year has elapsed from
the date of the notification of the denial and the right to petition
for a hearing.

(2) The foster family agency may continue to review the
application if the department has determined that the reasons for
the denial of the application were due to circumstances and a
condition that either have been corrected or are no longer in
existence.

(3) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.

(g) (1) If an application to a foster family agency for a
certificate of approval indicates, or the department determines
during the application review process, that the applicant had
previously applied for a certificate of approval with a foster family
agency and the department ordered the foster family agency to
deny the application pursuant to subdivision (b) of Section 1534,
the foster family agency shall cease further review of the
application as follows:

(A) In cases where the applicant petitioned for a hearing, the
foster family agency shall cease further review of the application
until one year has elapsed from the effective date of the decision
and order of the department upholding a denial.

(B) In cases where the department informed the applicant of his
or her right to petition for a hearing and the applicant did not
petition for a hearing, the foster family agency shall cease further
review of the application until one year has elapsed from the date
of the notification of the denial and the right to petition for a
hearing.

(2) The foster family agency may continue to review the
application if the department has determined that the reasons for
the denial of the application were due to circumstances and
conditions that either have been corrected or are no longer in
existence.

(3) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.

begin insert

(h) Subdivisions (e), (f), and (g) shall apply only to certified
family home applications received on or before December 31,
2016, in accordance with Section 1517.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1506.6 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1506.6.  

begin insert (a) end insert begin insert   end insert It is the intent of the Legislature that public and
private efforts to recruit foster parents not be competitive and that
the total number of foster parents be increased. begin delete A end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert foster family agency shall not certify a family home begin delete which end delete
begin insert that end insert is licensed by the department or a county. A licensed foster
family home shall forfeit its license, pursuant to subdivision (b)
of Section 1524, concurrent with final certification by the foster
family agency. The department or a county shall not license a
family home that is certified by a foster family agency. A certified
family home shall forfeit its certificate concurrent with final
licensing by the department or a county.

begin insert

(c) (1) A licensed foster family home shall forfeit its license,
pursuant to subdivision (b) of Section 1524, concurrent with
resource family approval by a foster family agency. A resource
family shall forfeit its resource family approval, pursuant to Section
16519.5 of the Welfare and Institutions Code, concurrent with
resource family approval by a foster family agency.

end insert begin insert

(2) A certified family home shall forfeit its certificate of approval
concurrent with resource family approval by the county. A resource
family shall forfeit its resource family approval, pursuant to Section
1517, concurrent with resource family approval by the county.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 1506.7 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1506.7.  

(a) A foster family agency shall require the owner or
operator of a family home applying for certification to sign an
application that shall contain, but shall not be limited to, the
following information:

(1) Whether the applicant has been certified, and by which foster
family agency.

(2) Whether the applicant has been decertified, and by which
foster family agency.

(3) Whether a placement hold has been placed on the applicant
by a foster family agency, and by which foster family agency.

(4) Whether the applicant has been a foster home licensed by a
county or by the state and, if so, by which county or state, or
whether the applicant has been approved for relative placement
by a county and, if so, by which county.

(b) (1) The application form signed by the owner or operator
of the family home applying for certification shall contain notice
to the applicant for certification that the foster family agency is
required to check references of all foster family agencies that have
previously certified the applicant and of all state or county licensing
offices that have licensed the applicant as a foster parent, and that
the signing of the application constitutes the authorization of the
applicant for the foster family agency to conduct its check of
references.

(2) The application form signed by the owner or operator of the
family home applying for certification shall be signed with a
declaration by the applicant that the information submitted is true,
correct, and contains no material omissions of fact to the best
knowledge and belief of the applicant. Any person who declares
as true any material matter pursuant to this section that he or she
knows to be false is guilty of a misdemeanor. The application shall
include a statement that submitting false information is a violation
of law punishable by incarceration, a fine, or both incarceration
and a fine.

begin insert

(c) This section shall apply only to certified family home
applications received on or before December 31, 2016, in
accordance with Section 1517.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 1506.8 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1506.8.  

begin insert (a) end insert begin insert   end insert Before certifying a family home, a foster family
agency shall contact any foster family agencies by whom an
applicant has been previously certified and any state or county
licensing offices that have licensed the applicant as a foster parent,
and shall conduct a reference check as to the applicant.

begin insert

(b) This section shall apply only to certified family home
applications received on or before December 31, 2016, in
accordance with Section 1517.

end insert

begin delete SEC. 5. end delete

begin insert SEC. 11. end insert   

Section 1517 of the Health and Safety Code is
amended to read:

1517.  

(a) (1) Pursuant to subdivision (a) of Section 16519.5
of the Welfare and Institutions Code, the State Department of
Social Services, shall implement a unified, family friendly, and
child-centered resource family approval process to replace the
existing multiple processes for licensing foster family homes,
begin insert certifying foster homes by licensed foster family agencies, end insert
approving relatives and nonrelative extended family members as
foster care providers, and approving guardians and adoptive
families.

(2) For purposes of this section, a “resource family” means an
individual or family that has successfully met both the home
environment assessment and the permanency assessment criteria,
as set forth in Section 16519.5 of the Welfare and Institutions
Code, necessary for providing care for a related or unrelated child
who is under the jurisdiction of the juvenile court, or otherwise in
the care of a county child welfare agency or probation department.

begin insert

(3) For purposes of this chapter, “resource family approval”
means that the applicant or resource family successfully meets the
home environment assessment and permanency assessment
standards adopted pursuant to subdivision (d) of Section 16519.5
of the Welfare and Institutions Code. This approval is in lieu of a
certificate of approval issued by a licensed foster family agency
pursuant to subdivision (b) of Section 1506.

end insert begin insert

(4) Approval of a resource family does not guarantee an initial,
continued, or adoptive placement of a child with a resource family.
Approval of a resource family does not guarantee the establishment
of a legal guardianship of a child with a resource family. There
is no fundamental right to resource family approval.

end insert begin insert

(5) Notwithstanding paragraphs (1) to (4), inclusive, a foster
family agency shall cease any further review of an application if
the applicant has had a previous application denial within the
preceding year by the department or county, or if the applicant
has had a previous rescission, revocation, or exemption denial or
exemption rescission by the department or county within the
preceding two years. However, a foster family agency may continue
to review an application if it has determined that the reasons for
the previous denial, rescission, or revocation were due to
circumstances and conditions that either have been corrected or
are no longer in existence. If an individual was excluded from a
resource family home or facility licensed by the department, a
foster family agency shall cease review of the individual’s
application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code. The cessation
of review shall not constitute a denial of the application for
purposes of this section, Section 16519.5 of the Welfare and
Institutions Code, or any other law.

end insert begin insert

(6) A resource family shall meet the approval standards set
forth in Section 16519.5 of the Welfare and Institutions Code,
comply with the written directives or regulations adopted pursuant
to Section 16519.5 of the Welfare and Institutions Code, and
comply with other applicable laws in order to maintain approval.

end insert begin insert

(7) A resource family may be approved by the department or a
county pursuant to Section 16519.5 of the Welfare and Institutions
Code or by a foster family agency pursuant to this section.

end insert

(b) (1) A foster family agency shall comply with the provisions
of this section.

(2) Notwithstanding any other law, a foster family agency shall
require its applicants and resource families to meet the resource
family approval standards set forth in Section 16519.5 of the
Welfare and Institutions Code, the written directives or regulations
adopted thereto, and other applicable laws prior to approval and
in order to maintain approval.

(3) A foster family agency shall be responsible for all of the
following:

(A) Complying with the applicable provisions of this chapter,
the regulations for foster family agencies, the resource family
approval standards and requirements set forth in begin delete Section 16519.5 end delete
begin insert Article 2 (commencing with Section 16519.5) of Chapter 5 of Part
4 of Division 9 end insert of the Welfare and Institutions Code, and the
applicable written directives or regulations adopted thereto by the
department.

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

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

(D) Taking the following actions, as applicable:

(i) Approving or denying resource family applications.

(ii) Rescinding approvals of resource families.

(E) Providing to the department a log of resource families that
were approved or begin insert had approval end insert rescinded during the month by the
10th day of the following month. begin delete For purposes of subdivision (d)
of Section 1536, a certified family home includes a resource family
approved by the foster family agency pursuant to this section. end delete

(F) (i) Updating resource family approval begin delete annually. end delete begin insert annually
and as necessary to address any changes that have occurred in
the resource family’s circumstances, including, but not limited to,
moving to a new home location or commencing operation of a
family day care home, as defined in Section 1596.78 end insert begin insert . end insert

(ii) A foster family agency shall conduct an announced
inspection of a resource family home during the annual begin delete update in
order end delete begin insert update, and as necessary to address any changes specified
in clause (i), end insert to ensure that the resource family is conforming to
all applicable laws and the written directives or regulations adopted
pursuant to Section 16519.5 of the Welfare and Institutions Code.

(G) Monitoring resource families through all of the following:

(i) Ensuring that social workers who identify a condition in the
home that may not meet the resource family approval standards
while in the course of a routine visit to children subsequently
placed with a resource family take appropriate action as needed.

(ii) Requiring resource families to begin delete comply with end delete begin insert meet the
approval standards set forth in Section 16519.5 of the Welfare
and Institutions Code and to comply with the written directives or
regulations adopted thereto, end insert begin insert other applicable laws, and end insert corrective
action plans as necessary to correct identified deficiencies. If
corrective action is not completed as specified in the plan, the
foster family agency or the department may rescind the approval
of the resource family begin insert or take other administrative action end insert in
accordance with begin insert applicable law or end insert the written directives or
regulations adopted pursuant to Section 16519.5 of the Welfare
and Institutions Code.

(iii) Requiring resource families to report to the foster family
agency any incidents as specified in the written directives or
regulations adopted pursuant to Section 16519.5 of the Welfare
and Institutions Code.

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

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

(I) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (6) of subdivision (f) of Section 16519.5 of
the Welfare and Institutions Code.

(J) (i) Ensuring applicants and resource families meet the
training requirements, and, if applicable, the specialized training
requirements set forth in Section 16519.5 of the Welfare and
Institutions Code.

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

(4) A foster family agency may cooperatively match a child
who is under the care, custody, and control of a county with a
resource family for initial placement.

(c) In addition to subdivision (f) of Section 16519.5 of the
Welfare and Institutions Code, the State Department of Social
Services shall be responsible for all of the following:

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

(2) Investigating all complaints against a resource family
approved by a foster family agency and taking any action it deems
necessary. This shall include investigating any incidents reported
about a resource family indicating that the approval standard is
not being maintained. Complaint investigations shall be conducted
in accordance with the written directives or regulations adopted
pursuant to Section 16519.5 of the Welfare and Institutions Code. begin insert end insert

begin insert A foster family agency shall not conduct an internal investigation
regarding an incident report or complaint against a resource
family that interferes with an investigation being conducted by the
department. end insert

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

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

(5) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child from physical or mental abuse,
abandonment, or any other substantial threat to health or safety.

(6) Providing a resource family parent, applicant, excluded
individual, or individual who is the subject of a criminal record
exemption begin delete decision, requesting review of that decision, end delete begin insert decision end insert
with due process pursuant to begin delete the department’s statutes, regulations,
and written directives. end delete begin insert Section 16519.6 of the Welfare and
Institutions Code. end insert

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

(e) Nothing in this section or in begin delete Section 16519.5 and following end delete
begin insert Article 2 (commencing with Section 16519.5) of Chapter 5 of Part
4 of Division 9 end insert of the Welfare and Institutions Code limits the
authority of the department to inspect, evaluate, investigate a
complaint or incident, or initiate a disciplinary action against a
foster family agency pursuant to this chapter or to take any action
it may deem necessary for the health and safety of children placed
with the foster family agency.

begin delete

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

end delete begin delete

(g)

end delete

begin insert ( end insert begin insert f) end insert  (1) The applicable certification and oversight processes shall
continue to be administered for foster homes certified by a foster
family agency prior to January 1, 2017, begin insert or as specified in
paragraph (2), end insert until the certification is revoked or forfeited by
operation of law pursuant to this subdivision.

(2)  begin delete A end delete begin insert Notwithstanding paragraph (3), a end insert foster family agency
shall approve or deny all certified family home applications
received on or before December 31, 2016, in accordance with this
chapter.

(3) On and after January 1, 2017, a foster family agency shall
not accept applications to certify foster homes and shall approve
resource families in lieu of certifying foster homes.

(4) No later than July 1, 2017, each foster family agency shall
provide the following information to begin delete all end delete begin insert its end insert certified family homes:

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

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

(C) Notification that a certificate of approval shall be forfeited
by operation of law as begin delete provided for end delete begin insert specified end insert in paragraph (7).

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

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

(B) A certified family home that had a child in placement begin delete for
any length of end delete begin insert at any end insert time between January 1, 2017, and December
31, 2017, inclusive, may be approved as a resource family on the
date of successful completion of a psychosocial assessment
pursuant to subparagraph (B) of paragraph (3) of subdivision (d)
of Section 16519.5 of the Welfare and Institutions Code.

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

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

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

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

begin insert

(C) A certificate of approval shall be forfeited by operation of
law upon approval as a resource family.

end insert

begin delete SEC. 6. end delete

begin insert SEC. 12. end insert   

Section 1517.1 is added to the Health and Safety
Code, to read:

1517.1.  

(a) (1) Pursuant to subdivision (a) of Section 16519.5
of the Welfare and Institutions Code, the State Department of
Social Services shall implement a unified, family friendly, and
child-centered resource family approval process to replace the
existing multiple processes for licensing foster family homes, begin insert end insert
begin insert certifying foster homes by licensed foster family agencies, end insert
approving relatives and nonrelative extended family members as
foster care providers, and approving guardians and adoptive
families.

(2) For purposes of this section, a “resource family” means an
individual or family that has successfully met both the home
environment assessment and the permanency assessment criteria,
as set forth in Section 16519.5 of the Welfare and Institutions
Code, necessary for providing care for a related or unrelated child
who is under the jurisdiction of the juvenile court, or otherwise in
the care of a county child welfare agency or probation department.

(b) (1) The applicable licensure and oversight processes shall
continue to be administered for foster family homes licensed prior
to January 1, 2017, begin insert or as specified in paragraph (2), end insert until the
license begin delete or approval end delete is revoked or forfeited by operation of law
pursuant to this section or Section 1524 of the Health and Safety
Code.

(2) The department shall approve or deny all foster family home
license applications received on or before December 31, 2016, in
accordance with this chapter.

(3) On and after January 1, 2017, the department shall not accept
applications to license foster family homes.

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

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

(B) A foster family home that had a child in placement for any
length of time between January 1, 2017, and December 31, 2017,
inclusive, may be approved as a resource family on the date of
successful completion of a psychosocial assessment pursuant to
subparagraph (B) of paragraph (3) of subdivision (d) of Section
16519.5 of the Welfare and Institutions Code.

(5) All foster family home licenses shall be forfeited by
operation of law on December 31, 2019, except as provided in this

begin delete paragraph: end delete begin insert paragraph or Section 1524. end insert

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

(B) For foster family home licensees who have pending resource
family applications on December 31, 2019, the foster family home
license shall be forfeited by operation of law begin delete on the date of end delete begin insert upon end insert
approval as a resource family. If approval is denied, forfeiture by
operation of law shall occur on the date of completion of any
proceedings required by law to ensure due process.

begin insert

(C) A foster family home license shall be forfeited by operation
of law upon approval as a resource family.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 1517.2 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1517.2. end insert   

(a) The application form signed by a resource family
applicant of a foster family agency shall be signed with a
declaration by the applicant that the information submitted is true,
correct, and contains no material omissions of fact to the best
knowledge and belief of the applicant. Any person who declares
as true any material matter pursuant to this section that he or she
knows to be false is guilty of a misdemeanor. The application shall
include a statement that submitting false information is a violation
of law punishable by incarceration, a fine, or both incarceration
and a fine.

(b) Before approving a resource family, a foster family agency
shall conduct a reference check of the applicant by contacting all
of the following:

(1) Any foster family agencies that have certified the applicant.

(2) Any state or county licensing offices that have licensed the
applicant as a foster family home.

(3) Any counties that have approved the applicant as a relative
or nonrelative extended family member.

(4) Any foster family agencies or counties that have approved
the applicant as a resource family.

(5) Any state licensing offices that have licensed the applicant
as a community care facility, child day care center, or family child
care home.

(c) The department, a county, or a foster family agency may
request information from, or divulge information to, the
department, a county, or a foster family agency regarding a
prospective resource family for the purpose of conducting, and as
necessary to conduct, a reference check to determine whether it
is safe and appropriate to approve an applicant to be a resource
family.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 1517.3 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1517.3. end insert   

(a) A person shall not incur civil liability as a result
of providing the department with either of the following:

(1) A foster family agency’s log of resource families that have
been approved or have had approval rescinded.

(2) Notification of a foster family agency’s determination to
rescind the approval of a resource family due to any of the
following actions by a resource family parent:

(A) Violation of Section 16519.5, the written directives or
regulations adopted pursuant to Section 16519.5, or any other
applicable law.

(B) Aiding, abetting, or permitting the violation of Section
16519.5, the written directives or regulations adopted pursuant
to Section 16519.5, or any other applicable law.

(C) Conduct that poses a risk or threat to the health and safety,
protection, or well-being of a child, or the people of the State of
California.

(D) Conviction at any time before or during his or her approval
of a crime described in Section 1522.

(E) Knowingly allowing a child to have illegal drugs, alcohol,
or any tobacco product, as defined in subdivision (d) of Section
22950.5 of the Business and Professions Code.

(F) Committing an act of child abuse or neglect or an act of
violence against another person.

(b) The department, a county, or a foster family agency shall
not incur civil liability for providing each other with information
if the communication is for the purpose of aiding in the evaluation
of an application for approval of a resource family by a foster
family agency.

end insert

begin delete SEC. 7. end delete

begin insert SEC. 15. end insert   

Section 1520.1 of the Health and Safety Code is
amended to read:

1520.1.  

In addition to Section 1520, applicants for a group
home or short-term residential treatment center license shall meet
the following requirements:

(a) (1) During the first 12 months of operation, the facility shall
operate with a provisional license. After eight months of operation,
the department shall conduct a comprehensive review of the facility
for compliance with all applicable laws and regulations and help
develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be
issued.

(2) If the department determines that the group home or
short-term residential treatment center is in substantial compliance
with licensing standards, notwithstanding Section 1525.5, the
department may extend the provisional license for up to an
additional six months for either of the following reasons:

(A) The group home or short-term residential treatment center
requires additional time to be in full compliance with licensing
standards.

(B) After 12 months of operation, the group home or short-term
residential treatment center is not operating at 50 percent of its
licensed capacity.

(3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.

(4) The department may deny a group home or short-term
residential treatment center license application at any time during
the term of the provisional license to protect the health and safety
of clients. If the department denies the application, the group home
or short-term residential treatment center shall cease operation
immediately. Continued operation of the facility after the
department denies the application or the provisional license expires
shall constitute unlicensed operation.

(5) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the
group home’s or short-term residential treatment center’s operation
may be filed.

(b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home’s board of
directors or governing body and every member of a short-term
residential treatment center’s board of directors or governing body
shall, prior to becoming a member of the board of directors or
governing body sign a statement that he or she understands his or
her legal duties and obligations as a member of the board of
directors or governing body and that the group home’s or
short-term residential treatment center’s operation is governed by
laws and regulations that are enforced by the department, as set
forth in the booklet. The applicant, provisional licensee, and
licensee shall have this statement available for inspection by the
department. For members of the board of directors or governing
body when the booklet is produced, the licensee shall obtain this
statement by the next scheduled meeting of the board of directors
or governing body. Compliance with this paragraph shall be a
condition of licensure.

(2) The department shall distribute to every group home provider
and short-term residential treatment center provider, respectively,
detailed information designed to educate members of the group
home provider’s or short-term residential treatment center
provider’s board of directors or governing body of their roles and
responsibilities as members of a public benefit corporation under
the laws of this state. The information shall be included in a
booklet, may be revised as deemed necessary by the department,
and shall include, but not be limited to, all of the following:

(A) The financial responsibilities of a member of the board of
directors or governing body.

(B) Disclosure requirements for self-dealing transactions.

(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of member terms, voting procedures, board or
governing body meetings, quorums, minutes of meetings, and, as
provided for in subdivision (f), member duties.

(D) A general overview of the laws and regulations governing
the group home’s or short-term residential treatment center’s
operation that are enforced by the department.

(c) All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the facility,
including, but not limited to, employee timecards and timesheets,
shall be signed and dated by the employee and by the group home
representative or short-term residential treatment center
representative who is responsible for ensuring the accuracy of the
information contained in the record, or when a time clock is used,
the payroll register shall be signed and dated, and those financial
records shall contain an affirmative statement that the signatories
understand that the information contained in the document is
correct to the best of their knowledge and that submission of false
or misleading information may be prosecuted as a crime.

(d) An applicant, provisional licensee, or licensee shall maintain,
submit, and sign financial documents to verify the legitimacy and
accuracy of these documents. These documents include, but are
not limited to, the group home or short-term residential treatment
center application, any financial documents and plans of corrections
submitted to the department, and timesheets.

(e) (1) It is the intent of the Legislature that a group home or
short-term residential treatment center have either representatives
on its board of directors, as listed in paragraph (2), or a community
advisory board, that meets at least annually.

(2) The representatives on the board of directors or the
community advisory board members should consist of at least the
following persons:

(A) A member of the facility’s board of directors.

(B) Members of the community where the facility is located.

(C) Neighbors of the facility.

(D) Current or former clients of the facility.

(E) A representative from a local law enforcement or other city
or county representative.

(f) Each group home or short-term residential treatment center
provider shall schedule and conduct quarterly meetings of its board
of directors or governing body. During these quarterly meetings,
the board of directors or governing body shall review and discuss
licensing reports, financial and program audit reports of its group
home or short-term residential treatment center operations, special
incident reports, and any administrative action against the licensee
or its employees. The minutes shall reflect the board’s or governing
body’s discussion of these documents and the group home’s or
short-term residential treatment center’s operation. The licensee
shall make available the minutes of group home’s or short-term
residential treatment center’s board of directors or governing body
meetings to the department.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 1522.44 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1522.44.  

(a) It is the policy of the state that caregivers of
children in foster care possess knowledge and skills relating to the
reasonable and prudent parent standard, as defined in subdivision
(c) of Section 362.05 of the Welfare and Institutions Code.

(b) Except for licensed foster family begin delete homes and end delete begin insert homes, end insert certified
family homes, begin insert and resource families licensed by foster family
agencies, end insert each licensed community care facility that provides care
and supervision to children and operates with staff shall designate
at least one onsite staff member to apply the reasonable and prudent
parent standard to decisions involving the participation of a child
who is placed in the facility in age or developmentally appropriate
activities in accordance with the requirements of Section 362.05
of the Welfare and Institutions Code, Section 671(a)(10) of Title
42 of the United States Code, and the regulations adopted by the
department pursuant to this chapter.

(c) A licensed and certified foster begin delete parent end delete begin insert parent, resource family, end insert
or facility staff member, as described in subdivision (b), shall
receive training related to the reasonable and prudent parent
standard that is consistent with Section 671(a)(24) of Title 42 of
the United States Code. This training shall include knowledge and
skills relating to the reasonable and prudent parent standard for
the participation of the child in age or developmentally appropriate
activities, including knowledge and skills relating to the
developmental stages of the cognitive, emotional, physical, and
behavioral capacities of a child, and knowledge and skills relating
to applying the standard to decisions such as whether to allow the
child to engage in extracurricular, enrichment, cultural, and social
activities, including sports, field trips, and overnight activities
lasting one or more days, and to decisions involving the signing
of permission slips and arranging of transportation for the child to
and from extracurricular, enrichment, and social activities.

(d) This section does not apply to runaway and homeless youth
shelters as defined in paragraph (14) of subdivision (a) of Section
1502.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 1523.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1523.1.  

(a) (1) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license. After initial licensure, a fee shall be charged by the
department annually on each anniversary of the effective date of
the license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as follows, subject
to paragraph (2):

 

Fee Schedule
Facility Type	Capacity	Initial Application	Annual
Foster Family and Adoption Agencies		$3,025	$1,513
Adult Day Programs	1-15	$182	$91
	16-30	$303	$152
	31-60	$605	$303
	61-75	$758	$378
	76-90	$908	$454
	91-120	$1,210	$605
	121+	$1,513	$757
Other Community Care Facilities	1-3	$454	$454
	4-6	$908	$454
	7-15	$1,363	$681
	16-30	$1,815	$908
	31-49	$2,270	$1,135
	50-74	$2,725	$1,363
	75-100	$3,180	$1,590
	101-150	$3,634	$1,817
	151-200	$4,237	$2,119
	201-250	$4,840	$2,420
	251-300	$5,445	$2,723
	301-350	$6,050	$3,025
	351-400	$6,655	$3,328
	401-500	$7,865	$3,933
	501-600	$9,075	$4,538
	601-700	$10,285	$5,143
	701+	$12,100	$6,050

 

(2) (A) The Legislature finds that all revenues generated by
fees for licenses computed under this section and used for the
purposes for which they were imposed are not subject to Article
XIII B of the California Constitution.

(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall
recommend to the Legislature that fees established by the
Legislature be adjusted as necessary to ensure that the amounts
are appropriate.

(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:

(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.

(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.

(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.

(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.

(E) A probation monitoring fee equal to the current annual fee,
in addition to the current annual fee for that category and capacity
for each year a license has been placed on probation as a result of
a stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code).

(F) A late fee that represents an additional 50 percent of the
established current annual fee when any licensee fails to pay the
current annual licensing fee on or before the due date as indicated
by postmark on the payment.

(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.

(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior
to the date specified in the plan.

(2) Foster family homes begin insert and resource family homes approved
by a foster family agency end insert shall be exempt from the fees imposed
pursuant to this subdivision.

(3) Foster family agencies shall be annually assessed
eighty-eight dollars ($88) for each begin insert certified family end insert home begin insert and
resource family end insert certified begin insert or approved end insert by the agency.

(4) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.

(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The
revenues collected shall be used in addition to any other funds
appropriated in the Budget Act in support of the licensing program.
The department shall adjust the fees collected pursuant to this
section as necessary to ensure that they do not exceed the costs
described in this paragraph.

(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose
and use of this revenue, as approved by the Director of Finance,
to the Chairperson of the Joint Legislative Budget Committee, and
the chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit
a budget change proposal to justify any positions or any other
related support costs on an ongoing basis.

(d) A facility may use a bona fide business check to pay the
license fee required under this section.

(e) The failure of an applicant or licensee to pay all applicable
and accrued fees and civil penalties shall constitute grounds for
denial or forfeiture of a license.

begin delete SEC. 8. end delete

begin insert SEC. 18. end insert   

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

1525.5.  

(a)  The department may issue provisional licenses to
operate community care facilities for facilities that it determines
are in substantial compliance with this chapter and the rules and
regulations adopted pursuant to this chapter, provided that no life
safety risks are involved, as determined by the department. In
determining whether any life safety risks are involved, the
department shall require completion of all applicable fire clearances
and criminal record clearances as otherwise required by the
department’s rules and regulations. The provisional license shall
expire six months from the date of issuance, or at any earlier time
as the department may determine, and may not be renewed.
However, the department may extend the term of a provisional
license for an additional six months at time of application, if it is
determined that more than six months will be required to achieve
full compliance with licensing standards due to circumstances
beyond the control of the applicant, provided all other requirements
for a license have been met.

(b)  This section shall not apply to foster family homes.

begin insert

begin insert SEC. 19. end insert   

end insert

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

1536.  

(a) (1) At least annually, the department shall publish
and make available to interested persons a list or lists covering all
licensed community care begin delete facilities, other than foster family homes
and certified family homes of foster family agencies providing
24-hour care for six or fewer foster children, end delete begin insert facilities end insert and the
services for which each facility has been licensed or issued a special
permit.

(2) For a group home, transitional housing placement provider,
community treatment facility, runaway and homeless youth shelter,
or short-term residential treatment center, the list shall include
both of the following:

(A) The number of licensing complaints, types of complaint,
and outcomes of complaints, including citations, fines, exclusion
orders, license suspensions, revocations, and surrenders.

(B) The number, types, and outcomes of law enforcement
contacts made by the facility staff or children, as reported pursuant
to subdivision (a) of Section 1538.7.

begin insert

(3) This subdivision does not apply to foster family homes or
the certified family homes or resource families of foster family
agencies.

end insert

(b) Subject to subdivision (c), to begin delete encourage the recruitment of
foster family homes and certified family homes of foster family
agencies, protect their personal privacy, end delete begin insert protect the personal
privacy of foster family homes and the certified family homes and
resource families of foster family agencies, end insert and to preserve the
security and confidentiality of the placements in the homes, the
names, addresses, and other identifying information of facilities
licensed as foster family homes and certified family homes begin insert and
resource families end insert of foster family agencies begin delete providing 24-hour care
for six or fewer children end delete shall be considered personal information
for purposes of the Information Practices Act of 1977 (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division
3 of the Civil Code). This information shall not be disclosed by
any state or local agency pursuant to the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code), except as necessary for
administering the licensing program, facilitating the placement of
children in these facilities, and providing names and addresses,
upon request, only to bona fide professional foster parent
organizations and to professional organizations educating foster
parents, including the Foster and Kinship Care Education Program
of the California Community Colleges.

(c)  begin insert (1) end insert begin insert   end insert Notwithstanding subdivision (b), the department, a
county, or a foster family agency may request information from,
or divulge information to, the department, a county, or a foster
family agency, regarding a prospective certified parent, foster
parent, or relative caregiver for the purpose of, and as necessary
to, conduct a reference check to determine whether it is safe and
appropriate to license, certify, or approve an applicant to be a
certified parent, foster parent, or relative caregiver.

begin insert

(2) This subdivision shall apply only to applications received
on or before December 31, 2016, in accordance with Section 1517
or 1517.1 of this code or Section 16519.5 of the Welfare and
Institutions Code.

end insert

(d) The department may issue a citation and, after the issuance
of that citation, may assess a civil penalty of fifty dollars ($50) per
day for each instance of a foster family agency’s failure to provide
the department with begin delete the information required by subdivision (h)
of Section 88061 of Title 22 of the California Code of Regulations. end delete

begin insert a log of certified and decertified homes or a log of resource
families that were approved or had approval rescinded during the
month by the 10th day of the following month. end insert

(e) The Legislature encourages the department, when funds are
available for this purpose, to develop a database that would include
all of the following information:

(1) Monthly reports by a foster family agency regarding begin delete family
homes. end delete begin insert certified family homes and resource families. end insert

(2) A log of begin delete family homes certified and decertified, end delete begin insert certified
and decertified family homes, approved resource families, and
resource families for which approval was rescinded, end insert provided by
a foster family agency to the department.

(3) Notification by a foster family agency to the department
informing the department of a foster family agency’s determination
to decertify a certified family home begin insert or rescind the approval of a
resource family end insert due to any of the following actions by the certified
family begin delete parent: end delete begin insert parent or resource family: end insert

(A) Violating licensing rules and regulations.

(B) Aiding, abetting, or permitting the violation of licensing
rules and regulations.

(C) Conducting oneself in a way that is inimical to the health,
morals, welfare, or safety of a child placed in that certified family

begin delete home. end delete begin insert home, or for a resource family, engaging in conduct that
poses a risk or threat to the health and safety, protection, or
well-being of a child or nonminor dependent. end insert

(D) Being convicted of a crime while a certified family begin delete parent. end delete

begin insert parent or resource family. end insert

(E) Knowingly allowing any child to have illegal drugs or
alcohol.

(F) Committing an act of child abuse or neglect or an act of
violence against another person.

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

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 1538.8 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1538.8.  

(a) (1) In order to review and evaluate the use of
psychotropic medications in group begin delete homes, end delete begin insert homes and short-term
residential treatment centers, end insert the department shall compile, to the
extent feasible and not otherwise prohibited by law and based on
information received from the State Department of Health Care
Services, at least annually, information concerning each group
begin delete home, end delete begin insert home and short-term residential treatment center, end insert including,
but not limited to, the child welfare psychotropic medication
measures developed by the department and the following
Healthcare Effectiveness Data and Information Set (HEDIS)
measures related to psychotropic medications:

(A) Follow-Up Care for Children Prescribed Attention Deficit
Hyperactivity Disorder Medication (HEDIS ADD), which measures
the number of children 6 to 12 years of age, inclusive, who have
a visit with a provider with prescribing authority within 30 days
of the new prescription.

(B) Use of Multiple Concurrent Antipsychotics in Children and
Adolescents (HEDIS APC), which does both of the following:

(i) Measures the number of children receiving an antipsychotic
medication for at least 60 out of 90 days and the number of children
who additionally receive a second antipsychotic medication that
overlaps with the first.

(ii) Reports a total rate and age stratifications including 6 to 11
years of age, inclusive, and 12 to 17 years of age, inclusive.

(C) Use of First-Line Psychosocial Care for Children and
Adolescents on Antipsychotics (HEDIS APP), which measures
whether a child has received psychosocial services 90 days before
through 30 days after receiving a new prescription for an
antipsychotic medication.

(D) Metabolic Monitoring for Children and Adolescents on
Antipsychotics (HEDIS APM), which does both of the following:

(i) Measures testing for glucose or HbA1c and lipid or
cholesterol of a child who has received at least two different
antipsychotic prescriptions on different days.

(ii) Reports a total rate and age stratifications including 6 to 11
years of age, inclusive, and 12 to 17 years of age, inclusive.

(2) The department shall post the list of data to be collected
pursuant to this subdivision on the department’s Internet Web site.

(b) The data in subdivision (a) concerning psychotropic
medication, mental health services, and placement shall be drawn
from existing data maintained by the State Department of Health
Care Services and the State Department of Social Services and
shared pursuant to a data sharing agreement meeting the
requirements of all applicable state and federal laws and
regulations.

(c) This section does not apply to a runaway and homeless youth
shelter, as defined in Section 1502.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 1538.9 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1538.9.  

(a) (1) (A) The department shall consult with the
State Department of Health Care Services and stakeholders to
establish a methodology for identifying those group homes
providing care under the AFDC-FC program pursuant to Sections
11460 and 11462 of the Welfare and Institutions Code that have
levels of psychotropic drug utilization warranting additional review.
The methodology shall be adopted on or before July 1, 2016.

(B) Every three years after adopting the methodology developed
under subparagraph (A), or earlier if needed, the department shall
consult with the State Department of Health Care Services and
stakeholders and revise the methodology, if necessary.

(2) If the department, applying the methodology described in
paragraph (1), determines that a facility appears to have levels of
psychotropic drug utilization warranting additional review, it shall
inspect the facility at least once a year.

(3) The inspection of the facility shall include, but not be limited
to, a review of the following:

(A) Plan of operation, policies, procedures, and practices.

(B) Child-to-staff ratios.

(C) Staff qualifications and training.

(D) Implementation of children’s needs and services plan.

(E) Availability of psychosocial and other alternative treatments
to the use of psychotropic medications.

(F) Other factors that the department determines contribute to
levels of psychotropic drug utilization that warrant additional
review.

(G) Confidential interviews of children residing in the facility
at the time of the inspection.

(4) The inspection of the facility may include, but is not limited
to, the following:

(A) Confidential interviews of children who resided in the
facility within the last six months.

(B) Confidential discussions with physicians identified as
prescribing the medications.

(b) Following an inspection conducted pursuant to this section,
the department, as it deems appropriate, may do either or both of
the following:

(1) Share relevant information and observations with county
placing agencies, social workers, probation officers, the court,
dependency counsel, or the Medical Board of California, as
applicable.

(2) Share relevant information and observations with the facility
and require the facility to submit a plan, within 30 days of receiving
the information and observations from the department, to address
any identified risks within the control of the facility related to
psychotropic medication. The department shall approve the plan
and verify implementation of the plan to determine whether those
risks have been remedied.

(c) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), until emergency regulations are filed with the Secretary of
State, the department may implement this section through
all-county letters or similar instructions.

(2) On or before January 1, 2017, the department shall adopt
regulations to implement this section. The initial adoption,
amendment, or repeal of a regulation authorized by this subdivision
is deemed to address an emergency, for purposes of Sections
11346.1 and 11349.6 of the Government Code, and the department
is hereby exempted for that purpose from the requirements of
subdivision (b) of Section 11346.1 of the Government Code. After
the initial adoption, amendment, or repeal of an emergency
regulation pursuant to this section, the department may twice
request approval from the Office of Administrative Law to readopt
the regulation as an emergency regulation pursuant to Section
11346.1 of the Government Code. The department shall adopt final
regulations on or before January 1, 2018.

(d) Nothing in this section does any of the following:

(1) Replaces or alters other requirements for responding to
complaints and making inspections or visits to group homes,
including, but not limited to, those set forth in Sections 1534 and
1538.

(2) Prevents or precludes the department from taking any other
action permitted under any other law, including any regulation
adopted pursuant to this chapter.

begin insert

(e) The methodology developed pursuant to this section shall
apply to short-term residential treatment centers, as defined in
Section 1502, in a manner determined by the department.

end insert begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  This section does not apply to a runaway and homeless youth
shelter, as defined in Section 1502.

begin delete SEC. 9. end delete

begin insert SEC. 22. end insert   

Section 1562.01 of the Health and Safety Code is
amended to read:

1562.01.  

(a) The department shall license short-term residential
treatment centers, as defined in paragraph (18) of subdivision (a)
of Section 1502, pursuant to this chapter. A short-term residential
treatment center shall comply with all requirements of this chapter
that are applicable to group homes and to the requirements of this
section.

(b) (1) A short-term residential treatment center shall have
national accreditation from an entity identified by the department
pursuant to the process described in paragraph (6) of subdivision
(b) of Section 11462 of the Welfare and Institutions Code.

(2) A short-term residential treatment center applicant shall
submit documentation of accreditation or application for
accreditation with its application for licensure.

(3) A short-term residential treatment center shall have up to
24 months from the date of licensure to obtain accreditation.

(4) A short-term residential treatment center shall provide
documentation to the department reporting its accreditation status
at 12 months and at 18 months after the date of licensure.

(5) This subdivision does not preclude the department from
requesting additional information from the short-term residential
treatment center regarding its accreditation status.

(6) The department may revoke a short-term residential
treatment center’s license pursuant to Article 5 (commencing with
Section 1550) for failure to obtain accreditation within the
timeframes specified in this subdivision.

(c) A short-term residential treatment center shall obtain and
have in good standing a mental health certification, as set forth in
Section 4096.5 of the Welfare and Institutions Code.

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

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

(A) A statement of purposes and goals.

(B) A plan for the supervision, evaluation, and training of staff.
The training plan shall be appropriate to meet the needs of staff
and children.

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

(i) Description of the short-term residential treatment center’s
ability to support the differing needs of children and their families
with short-term, specialized, and intensive treatment.

(ii) Description of the core services, as set forth in paragraph
(1) of subdivision (b) of Section 11462 of the Welfare and
Institutions Code, to be offered to children and their families, as
appropriate or necessary.

(iii) Procedures for the development, implementation, and
periodic updating of the needs and services plan for children served
by the short-term residential treatment center and procedures for
collaborating with the child and family team described in paragraph
(4) of subdivision (a) of Section 16501 of the Welfare and
Institutions Code, that include, but are not limited to, a description
of the services to be provided to meet the treatment needs of the
child as assessed, pursuant to subdivision (d) or (e) of Section
11462.01 of the Welfare and Institutions Code, the anticipated
duration of the treatment, and the timeframe and plan for
transitioning the child to a less restrictive family environment.

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

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

(e) In addition to the rules and regulations adopted pursuant to
this chapter, a county licensed to operate a short-term residential
treatment center shall describe, in the plan of operation, its conflict
of interest mitigation plan, as set forth in subdivision (g) of Section
11462.02 of the Welfare and Institutions Code.

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

(g) (1) The department shall adopt regulations to establish
requirements for the education, qualification, and training of facility
managers and staff who provide care and supervision to children
or who have regular, direct contact with children in the course of
their responsibilities in short-term residential treatment centers
consistent with the intended role of these facilities to provide
short-term, specialized, and intensive treatment.

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

(A) Staff classifications.

(B) Specification of the date by which employees shall be
required to meet the education and qualification requirements.

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

(h) The department shall adopt regulations to specify training
requirements for staff who provide care and supervision to children
or who have regular, direct contact with children in the course of
their responsibilities. These requirements shall include the
following:

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

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

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

(C) Training to be completed annually.

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

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

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

(C) The rights of a child in foster care, including the right to
have fair and equal access to all available services, placement,
care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or physical
disability, or HIV status.

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

(E) Core practice model.

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

(G) Reasonable and prudent parent standard.

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

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

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

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

(L) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.

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

(N) Health issues in foster care.

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

(i) (1) Each person employed as a facility manager or staff
member of a short-term residential treatment center, who provides
direct care and supervision to children and youth residing in the
short-term residential treatment center shall be at least 21 years of
age.

(2) This subdivision shall not apply to a facility manager or staff
member employed, before October 1, 2014, at a short-term
residential treatment center which was operating under a group
home license prior to January 1, 2016.

(j) Notwithstanding any other section of this chapter, the
department may establish requirements for licensed group homes
that are transitioning to short-term residential treatment centers,
which may include, but not be limited to, requirements related to
application and plan of operation.

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

(l) The department shall have the authority to inspect a
short-term residential treatment center pursuant to the system of
governmental monitoring and oversight developed by the
department pursuant to subdivision (c) of Section 11462 of the
Welfare and Institutions Code.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 11165.7 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

11165.7.  

(a) As used in this article, “mandated reporter” is
defined as any of the following:

(1) A teacher.

(2) An instructional aide.

(3) A teacher’s aide or teacher’s assistant employed by a public
or private school.

(4) A classified employee of a public school.

(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of a public
or private school.

(6) An administrator of a public or private day camp.

(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.

(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision
of children.

(9) An employee of a county office of education or the State
Department of Education whose duties bring the employee into
contact with children on a regular basis.

(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.

(11) A Head Start program teacher.

(12) A licensing worker or licensing evaluator employed by a
licensing agency, as defined in Section 11165.11.

(13) A public assistance worker.

(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.

(15) A social worker, probation officer, or parole officer.

(16) An employee of a school district police or security
department.

(17) A person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in a public or
private school.

(18) A district attorney investigator, inspector, or local child
support agency caseworker, unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to
Section 317 of the Welfare and Institutions Code to represent a
minor.

(19) A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, who is not otherwise
described in this section.

(20) A firefighter, except for volunteer firefighters.

(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical social
worker, professional clinical counselor, or any other person who
is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.

(22) An emergency medical technician I or II, paramedic, or
other person certified pursuant to Division 2.5 (commencing with
Section 1797) of the Health and Safety Code.

(23) A psychological assistant registered pursuant to Section
2913 of the Business and Professions Code.

(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.

(25) An unlicensed marriage and family therapist intern
registered under Section 4980.44 of the Business and Professions
Code.

(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.

(27) A coroner.

(28) A medical examiner or other person who performs
autopsies.

(29) A commercial film and photographic print or image
processor as specified in subdivision (e) of Section 11166. As used
in this article, “commercial film and photographic print or image
processor” means a person who develops exposed photographic
film into negatives, slides, or prints, or who makes prints from
negatives or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip, photograph,
negative, slide, photocopy, videotape, video laser disc, computer
hardware, computer software, computer floppy disk, data storage
medium, CD-ROM, computer-generated equipment, or
computer-generated image, for compensation. The term includes
any employee of that person; it does not include a person who
develops film or makes prints or images for a public agency.

(30) A child visitation monitor. As used in this article, “child
visitation monitor” means a person who, for financial
compensation, acts as a monitor of a visit between a child and
another person when the monitoring of that visit has been ordered
by a court of law.

(31) An animal control officer or humane society officer. For
the purposes of this article, the following terms have the following
meanings:

(A) “Animal control officer” means a person employed by a
city, county, or city and county for the purpose of enforcing animal
control laws or regulations.

(B) “Humane society officer” means a person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.

(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, “clergy member” means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.

(33) Any custodian of records of a clergy member, as specified
in this section and subdivision (d) of Section 11166.

(34) An employee of any police department, county sheriff’s
department, county probation department, or county welfare
department.

(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 5.655 of the California Rules
of Court.

(36) A custodial officer, as defined in Section 831.5.

(37) A person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.

(38) An alcohol and drug counselor. As used in this article, an
“alcohol and drug counselor” is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not, in
and of itself, a sufficient basis for reporting child abuse or neglect.

(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.

(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.

(41) An employee or administrator of a public or private
postsecondary educational institution, whose duties bring the
administrator or employee into contact with children on a regular
basis, or who supervises those whose duties bring the administrator
or employee into contact with children on a regular basis, as to
child abuse or neglect occurring on that institution’s premises or
at an official activity of, or program conducted by, the institution.
Nothing in this paragraph shall be construed as altering the
lawyer-client privilege as set forth in Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code.

(42) An athletic coach, athletic administrator, or athletic director
employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.

(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
“commercial computer technician” means a person who works for
a company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including,
but not limited to, a computer part, device, memory storage or
recording mechanism, auxiliary storage recording or memory
capacity, or any other material relating to the operation and
maintenance of a computer or computer network system, for a fee.
An employer who provides an electronic communications service
or a remote computing service to the public shall be deemed to
comply with this article if that employer complies with Section
2258A of Title 18 of the United States Code.

(B) An employer of a commercial computer technician may
implement internal procedures for facilitating reporting consistent
with this article. These procedures may direct employees who are
mandated reporters under this paragraph to report materials
described in subdivision (e) of Section 11166 to an employee who
is designated by the employer to receive the reports. An employee
who is designated to receive reports under this subparagraph shall
be a commercial computer technician for purposes of this article.
A commercial computer technician who makes a report to the
designated employee pursuant to this subparagraph shall be deemed
to have complied with the requirements of this article and shall be
subject to the protections afforded to mandated reporters, including,
but not limited to, those protections afforded by Section 11172.

(44) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary educational institutions.

begin insert

(45) An individual certified by a licensed foster family agency
as a certified family home, as defined in Section 1506 of the Health
and Safety Code.

end insert begin insert

(46) An individual approved as a resource family, as defined
in Section 1517 of the Health and Safety Code and Section 16519.5
of the Welfare and Institutions Code.

end insert

(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect
to an agency specified in Section 11165.9.

(c) Except as provided in subdivision (d), employers are strongly
encouraged to provide their employees who are mandated reporters
with training in the duties imposed by this article. This training
shall include training in child abuse and neglect identification and
training in child abuse and neglect reporting. Whether or not
employers provide their employees with training in child abuse
and neglect identification and reporting, the employers shall
provide their employees who are mandated reporters with the
statement required pursuant to subdivision (a) of Section 11166.5.

(d) Pursuant to Section 44691 of the Education Code, school
districts, county offices of education, state special schools and
diagnostic centers operated by the State Department of Education,
and charter schools shall annually train their employees and persons
working on their behalf specified in subdivision (a) in the duties
of mandated reporters under the child abuse reporting laws. The
training shall include, but not necessarily be limited to, training in
child abuse and neglect identification and child abuse and neglect
reporting.

(e) (1) On and after January 1, 2018, pursuant to Section
1596.8662 of the Health and Safety Code, a child care licensee
applicant shall take training in the duties of mandated reporters
under the child abuse reporting laws as a condition of licensure,
and a child care administrator or an employee of a licensed child
day care facility shall take training in the duties of mandated
reporters during the first 90 days when he or she is employed by
the facility.

(2) A person specified in paragraph (1) who becomes a licensee,
administrator, or employee of a licensed child day care facility
shall take renewal mandated reporter training every two years
following the date on which he or she completed the initial
mandated reporter training. The training shall include, but not
necessarily be limited to, training in child abuse and neglect
identification and child abuse and neglect reporting.

(f) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties
imposed by this article.

(g) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 1541 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

1541.  

In addition to the other required contents of the petition
for appointment of a guardian, the petition shall include both of
the following:

(a) A statement by the proposed guardian that, upon request by
an agency referred to in Section 1543 for information relating to
the investigation referred to in that section, the proposed guardian
will promptly submit the information required.

(b) A disclosure of any petition for adoption by the proposed
guardian of the minor who is the subject of the guardianship
petition regardless of when or where filed.

(c) A statement whether or not the home of the proposed
guardian is begin delete licensed as a foster family home. end delete begin insert a licensed foster
family home, a certified family home of a licensed foster family
agency, or a resource family home approved by a county or a
licensed foster family agency. end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 1543 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

1543.  

(a) If the petition as filed or as amended states that an
adoption petition has been filed, a report with respect to the
suitability of the proposed guardian for guardianship shall be filed
with the court by the agency investigating the adoption. In other
cases, the local agency designated by the board of supervisors to
provide public social services shall file a report with the court with
respect to the proposed guardian of the same character required to
be made with regard to an applicant for foster family home

begin delete licensure. end delete begin insert licensure, or, on and after January 1, 2020, resource
family approval, as described in Section 16519.5 of the Welfare
and Institutions Code. end insert

(b) The report filed with the court pursuant to this section is
confidential. The report may be considered by the court and shall
be made available only to the persons who have been served in
the proceeding and the persons who have appeared in the
proceeding or their attorneys. The report may be received in
evidence upon stipulation of counsel for all begin delete such end delete begin insert of those end insert persons
who are present at the hearing or, if begin delete such end delete begin insert a end insert person is present at the
hearing but is not represented by counsel, upon consent of begin delete such end delete
begin insert that end insert person.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 291 of the end insert begin insert Welfare and Institutions Code end insert begin insert , as
amended by Section 5 of Chapter 219 of the Statutes of 2015, is
amended to read: end insert

291.  

After the initial petition hearing, the clerk of the court
shall cause the notice to be served in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The father or fathers, presumed and alleged.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) Each attorney of record unless counsel of record is present
in court when the hearing is scheduled, then no further notice need
be given.

(7) If there is no parent or guardian residing in California, or if
the residence is unknown, then to any adult relative residing within
the county, or, if none, the adult relative residing nearest the court.

(8) If the hearing is a dispositional hearing that is also serving
as a permanency hearing pursuant to subdivision (f) of Section
361.5, notice shall be given to the current caregiver for the child,
including foster parents, relative caregivers, preadoptive parents,
begin delete and end delete nonrelative extended family begin delete members. end delete begin insert members, and resource
family. end insert Any person notified may attend all hearings and may submit
any information he or she deems relevant to the court in writing.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) Notice shall be served as follows:

(1) If the child is detained, the notice shall be given to the
persons required to be noticed as soon as possible, and at least five
days before the hearing, unless the hearing is set less than five
days and then at least 24 hours prior to the hearing.

(2) If the child is not detained, the notice shall be given to those
persons required to be noticed at least 10 days prior to the date of
the hearing.

(d) The notice shall include all of the following:

(1) The name and address of the person notified.

(2) The nature of the hearing.

(3) Each section and subdivision under which the proceeding
has been initiated.

(4) The date, time, and place of the hearing.

(5) The name of the child upon whose behalf the petition has
been brought.

(6) A statement that:

(A) If they fail to appear, the court may proceed without them.

(B) The child, parent, guardian, Indian custodian, or adult
relative to whom notice is required to be given pursuant to
paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
have an attorney present at the hearing.

(C) If the parent, guardian, Indian custodian, or adult relative
noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
(a) is indigent and cannot afford an attorney, and desires to be
represented by an attorney, the parent, guardian, Indian custodian,
or adult relative shall promptly notify the clerk of the juvenile
court.

(D) If an attorney is appointed to represent the parent, guardian,
Indian custodian, or adult relative, the represented person shall be
liable for all or a portion of the costs to the extent of his or her
ability to pay.

(E) The parent, guardian, Indian custodian, or adult relative may
be liable for the costs of support of the child in any out-of-home
placement.

(7) A copy of the petition.

(e) Service of the notice of the hearing shall be given in the
following manner:

(1) If the child is detained and the persons required to be noticed
are not present at the initial petition hearing, they shall be noticed
by personal service or by certified mail, return receipt requested.

(2) If the child is detained and the persons required to be noticed
are present at the initial petition hearing, they shall be noticed by
personal service or by first-class mail.

(3) If the child is not detained, the persons required to be noticed
shall be noticed by personal service or by first-class mail, unless
the person to be served is known to reside outside the county, in
which case service shall be by first-class mail.

(4) Except as provided in subdivisions (g), (h), and (i), notice
may be served by electronic mail in lieu of notice by first-class
mail if the county, or city and county, and the court choose to
permit service by electronic mail and the person to be served has
consented to service by electronic mail by signing Judicial Council
Form EFS-005.

(f) Any of the notices required to be given under this section or
Sections 290.1 and 290.2 may be waived by a party in person or
through his or her attorney, or by a signed written waiver filed on
or before the date scheduled for the hearing.

(g) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

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

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 291 of the end insert begin insert Welfare and Institutions Code end insert begin insert , as
added by Section 6 of Chapter 219 of the Statutes of 2015, is
amended to read: end insert

291.  

After the initial petition hearing, the clerk of the court
shall cause the notice to be served in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The father or fathers, presumed and alleged.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) Each attorney of record unless counsel of record is present
in court when the hearing is scheduled, then no further notice need
be given.

(7) If there is no parent or guardian residing in California, or if
the residence is unknown, then to any adult relative residing within
the county, or, if none, the adult relative residing nearest the court.

(8) If the hearing is a dispositional hearing that is also serving
as a permanency hearing pursuant to subdivision (f) of Section
361.5, notice shall be given to the current caregiver for the child,
including foster parents, relative caregivers, preadoptive parents,
begin delete and end delete nonrelative extended family begin delete members. end delete begin insert members, and resource
family. end insert Any person notified may attend all hearings and may submit
any information he or she deems relevant to the court in writing.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) Notice shall be served as follows:

(1) If the child is detained, the notice shall be given to the
persons required to be noticed as soon as possible, and at least five
days before the hearing, unless the hearing is set less than five
days and then at least 24 hours prior to the hearing.

(2) If the child is not detained, the notice shall be given to those
persons required to be noticed at least 10 days prior to the date of
the hearing.

(d) The notice shall include all of the following:

(1) The name and address of the person notified.

(2) The nature of the hearing.

(3) Each section and subdivision under which the proceeding
has been initiated.

(4) The date, time, and place of the hearing.

(5) The name of the child upon whose behalf the petition has
been brought.

(6) A statement that:

(A) If they fail to appear, the court may proceed without them.

(B) The child, parent, guardian, Indian custodian, or adult
relative to whom notice is required to be given pursuant to
paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
have an attorney present at the hearing.

(C) If the parent, guardian, Indian custodian, or adult relative
noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
(a) is indigent and cannot afford an attorney, and desires to be
represented by an attorney, the parent, guardian, Indian custodian,
or adult relative shall promptly notify the clerk of the juvenile
court.

(D) If an attorney is appointed to represent the parent, guardian,
Indian custodian, or adult relative, the represented person shall be
liable for all or a portion of the costs to the extent of his or her
ability to pay.

(E) The parent, guardian, Indian custodian, or adult relative may
be liable for the costs of support of the child in any out-of-home
placement.

(7) A copy of the petition.

(e) Service of the notice of the hearing shall be given in the
following manner:

(1) If the child is detained and the persons required to be noticed
are not present at the initial petition hearing, they shall be noticed
by personal service or by certified mail, return receipt requested.

(2) If the child is detained and the persons required to be noticed
are present at the initial petition hearing, they shall be noticed by
personal service or by first-class mail.

(3) If the child is not detained, the persons required to be noticed
shall be noticed by personal service or by first-class mail, unless
the person to be served is known to reside outside the county, in
which case service shall be by first-class mail.

(f) Any of the notices required to be given under this section or
Sections 290.1 and 290.2 may be waived by a party in person or
through his or her attorney, or by a signed written waiver filed on
or before the date scheduled for the hearing.

(g) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(h) This section shall become operative on January 1, 2019.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 293 of the end insert begin insert Welfare and Institutions Code end insert begin insert , as
amended by Section 9 of Chapter 219 of the Statutes of 2015, is
amended to read: end insert

293.  

The social worker or probation officer shall give notice
of the review hearings held pursuant to Section 366.21, 366.22,
or 366.25 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father or any father receiving services.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, begin insert resource family, end insert
community care facility, or foster family agency having custody
of the child. In a case in which a foster family agency is notified
of the hearing pursuant to this section, and the child resides in a
foster home certified by the foster family agency, the foster family
agency shall provide timely notice of the hearing to the child’s
caregivers.

(7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.

(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section
11400, no notice is required for a parent.

(c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.

(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of
the child being recommended by the supervising agency. If the
notice is to the child, parent or parents, or legal guardian or
guardians, the notice shall also advise them of the right to be
present, the right to be represented by counsel, the right to request
counsel, and the right to present evidence. The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.

(e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail. Except as provided in subdivisions (g), (h), and (i), notice
may be served by electronic mail in lieu of notice by first-class
mail if the county, or city and county, and the court choose to
permit service by electronic mail and the person to be served has
consented to service by electronic mail by signing Judicial Council
Form EFS-005.

(f) Notice to the current caregiver of the child, including a foster
parent, a relative caregiver, a preadoptive parent, begin delete or end delete a nonrelative
extended family member, begin delete or to end delete begin insert a resource family, end insert a certified foster
parent who has been approved for adoption, or the State
Department of Social Services when it is acting as an adoption
agency or by a county adoption agency, shall indicate that the
person notified may attend all hearings or may submit any
information he or she deems relevant to the court in writing.

(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

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

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 293 of the end insert begin insert Welfare and Institutions Code end insert begin insert , as
added by Section 10 of Chapter 219 of the Statutes of 2015, is
amended to read: end insert

293.  

The social worker or probation officer shall give notice
of the review hearings held pursuant to Section 366.21, 366.22,
or 366.25 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father or any father receiving services.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, begin insert resource family, end insert
community care facility, or foster family agency having custody
of the child. In a case in which a foster family agency is notified
of the hearing pursuant to this section, and the child resides in a
foster home certified by the foster family agency, the foster family
agency shall provide timely notice of the hearing to the child’s
caregivers.

(7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.

(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section
11400, no notice is required for a parent.

(c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.

(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of
the child being recommended by the supervising agency. If the
notice is to the child, parent or parents, or legal guardian or
guardians, the notice shall also advise them of the right to be
present, the right to be represented by counsel, the right to request
counsel, and the right to present evidence. The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.

(e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail.

(f) Notice to the current caregiver of the child, including a foster
parent, a relative caregiver, a preadoptive parent, begin delete or end delete a nonrelative
extended family member, begin delete or to end delete begin insert a resource family, end insert a certified foster
parent who has been approved for adoption, or the State
Department of Social Services when it is acting as an adoption
agency or by a county adoption agency, shall indicate that the
person notified may attend all hearings or may submit any
information he or she deems relevant to the court in writing.

(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(h) This section shall become operative on January 1, 2019.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 294 of the end insert begin insert Welfare and Institutions Code end insert begin insert , as
amended by Section 11 of Chapter 219 of the Statutes of 2015, is
amended to read: end insert

294.  

The social worker or probation officer shall give notice
of a selection and implementation hearing held pursuant to Section
366.26 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The fathers, presumed and alleged.

(3) The child, if the child is 10 years of age or older.

(4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(5) The grandparents of the child, if their address is known and
if the parent’s whereabouts are unknown.

(6) All counsel of record.

(7) To any unknown parent by publication, if ordered by the
court pursuant to paragraph (2) of subdivision (g).

(8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, begin delete and end delete nonrelative extended
family begin delete members. end delete begin insert members, or resource family. end insert Any person notified
may attend all hearings and may submit any information he or she
deems relevant to the court in writing.

(b) The following persons shall not be notified of the hearing:

(1) A parent who has relinquished the child to the State
Department of Social Services, county adoption agency, or licensed
adoption agency for adoption, and the relinquishment has been
accepted and filed with notice as required under Section 8700 of
the Family Code.

(2) An alleged father who has denied paternity and has executed
a waiver of the right to notice of further proceedings.

(3) A parent whose parental rights have been terminated.

(c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time
the notice is personally delivered to the person named in the notice
or 10 days after the notice has been placed in the mail or sent by
electronic mail, or at the expiration of the time prescribed by the
order for publication.

(2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.

(d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent notice
for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made
pursuant to Section 296, except as provided in paragraphs (2) and
(3) of subdivision (h) and subdivision (i), by electronic mail if the
county, or city and county, and the court choose to permit service
by electronic mail and the person to be served has consented to
service by electronic mail by signing Judicial Council Form
EFS-005, or by any other means that the court determines is
reasonably calculated, under any circumstance, to provide notice
of the continued hearing. However, if the recommendation changes
from the recommendation contained in the notice previously found
to be proper, notice shall be provided to the parent, and to any
person entitled to receive notice pursuant to this section, regarding
that subsequent hearing.

(e) The notice shall contain the following information:

(1) The date, time, and place of the hearing.

(2) The right to appear.

(3) The parents’ right to counsel.

(4) The nature of the proceedings.

(5) The recommendation of the supervising agency.

(6) A statement that, at the time of hearing, the court is required
to select a permanent plan of adoption, legal guardianship, begin delete or
long-term foster care end delete begin insert placement with a fit and willing relative, or
another planned permanent living arrangement, as appropriate, end insert
for the child.

(f) Notice to the parents may be given in any one of the
following manners:

(1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, begin delete or long-term
foster care end delete begin insert placement with a fit and willing relative, or another
planned permanent living arrangement, as appropriate, end insert for the
child. The court shall direct the parent to appear for the proceedings
and then direct that the parent be notified thereafter by first-class
mail to the parent’s usual place of residence or business only. In
lieu of notice by first-class mail, notice may be served by electronic
mail if the county, or city and county, and the court choose to
permit service by electronic mail and the person to be served has
consented to service by electronic mail by signing Judicial Council
Form EFS-005.

(2) Certified mail, return receipt requested, to the parent’s last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.

(3) Personal service to the parent named in the notice.

(4) Delivery to a competent person who is at least 18 years of
age at the parent’s usual place of residence or business, and
thereafter mailed to the parent named in the notice by first-class
mail at the place where the notice was delivered.

(5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.

(6) If the recommendation of the probation officer or social
worker is legal begin delete guardianship or long-term foster care, end delete begin insert guardianship, end insert
begin insert placement with a fit and willing relative, or another planned
permanent living arrangement, as appropriate, end insert or, in the case of
an Indian child, tribal customary adoption, service may be made
by first-class mail to the parent’s usual place of residence or
business. In lieu of notice by first-class mail, notice may be served
by electronic mail if the county, or city and county, and the court
choose to permit service by electronic mail and the person to be
served has consented to service by electronic mail by signing
Judicial Council Form EFS-005.

(7) If a parent’s identity is known but his or her whereabouts
are unknown and the parent cannot, with reasonable diligence, be
served in any manner specified in paragraphs (1) to (6), inclusive,
the petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.

(A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that
parent’s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether
notice is to the attorney of record or by publication, the court shall
also order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.

(B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal begin delete guardianship or long-term
foster care, end delete begin insert guardianship, placement with a fit and willing relative,
or another planned permanent living arrangement, as appropriate, end insert
no further notice is required to the parent, but the court shall order
that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.

(C) In any case where the residence of the parent becomes
known, notice shall immediately be served upon the parent as
provided for in either paragraph (2), (3), (4), (5), or (6).

(g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the affidavit
filed with the court at least 75 days before the hearing date and
the court, consistent with the provisions of Sections 7665 and 7666
of the Family Code, shall issue an order dispensing with notice to
a natural parent or possible natural parent under this section if,
after inquiry and a determination that there has been due diligence
in attempting to identify the unknown parent, the court is unable
to identify the natural parent or possible natural parent and no
person has appeared claiming to be the natural parent.

(2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph
(1) and the probation officer or social worker recommends
adoption, the court shall consider whether publication notice would
be likely to lead to actual notice to the unknown parent. The court
may order publication notice if, on the basis of all information
before the court, the court determines that notice by publication
is likely to lead to actual notice to the parent. If publication notice
to an unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall
require the unknown parent or parents to appear at the date, time,
and place stated in the citation. Publication shall be made once a
week for four consecutive weeks.

(3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged parents,
of the child and the probation officer or social worker recommends
legal begin delete guardianship or long-term foster care, end delete begin insert guardianship,
placement with a fit and willing relative, or another planned
permanent living arrangement, as appropriate, end insert no further notice
to the parent shall be required.

(h) (1) Notice to all counsel of record shall be by first-class
mail, or by electronic mail if the county, or city and county, and
the court choose to permit service by electronic mail and the person
to be served has consented to service by electronic mail by signing
Judicial Council Form EFS-005.

(2) Except as provided in paragraph (3), if notice is required to
be provided to a child, written notice may be served on the child
by electronic mail only if all of the following requirements are
satisfied:

(A) The county, or city and county, and the court choose to
permit service by electronic mail.

(B) The child is 16 years of age or older.

(C) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(D) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(3) If notice is required to be provided to a child, written notice
may be served on the child by electronic mail as well as by regular
mail if all of the following requirements are satisfied:

(A) The county, or city and county, and the court choose to
permit service by electronic mail.

(B) The child is 14 or 15 years of age.

(C) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(D) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).

(k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.

(l) The court shall state the reasons on the record explaining
why good cause exists for granting any continuance of a hearing
held pursuant to Section 366.26 to fulfill the requirements of this
section.

(m) Notwithstanding any choice by a county, or city and county,
and the court to permit service of written notice of court
proceedings by electronic mail, or consent by any person to service
of written notice by electronic mail by signing Judicial Council
Form EFS-005, notice of any hearing at which the county welfare
department is recommending the termination of parental rights
may only be served by electronic mail if supplemental and in
addition to the other forms of notice provided for in this section.

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

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 294 of the end insert begin insert Welfare and Institutions Code end insert begin insert , as
added by Section 12 of Chapter 219 of the Statutes of 2015, is
amended to read: end insert

294.  

The social worker or probation officer shall give notice
of a selection and implementation hearing held pursuant to Section
366.26 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The fathers, presumed and alleged.

(3) The child, if the child is 10 years of age or older.

(4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(5) The grandparents of the child, if their address is known and
if the parent’s whereabouts are unknown.

(6) All counsel of record.

(7) To any unknown parent by publication, if ordered by the
court pursuant to paragraph (2) of subdivision (g).

(8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, begin delete and end delete nonrelative extended
family begin delete members. end delete begin insert members, or resource family. end insert Any person notified
may attend all hearings and may submit any information he or she
deems relevant to the court in writing.

(b) The following persons shall not be notified of the hearing:

(1) A parent who has relinquished the child to the State
Department of Social Services, county adoption agency, or licensed
adoption agency for adoption, and the relinquishment has been
accepted and filed with notice as required under Section 8700 of
the Family Code.

(2) An alleged father who has denied paternity and has executed
a waiver of the right to notice of further proceedings.

(3) A parent whose parental rights have been terminated.

(c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time
the notice is personally delivered to the person named in the notice
or 10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.

(2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.

(d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent notice
for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made
pursuant to Section 296, or by any other means that the court
determines is reasonably calculated, under any circumstance, to
provide notice of the continued hearing. However, if the
recommendation changes from the recommendation contained in
the notice previously found to be proper, notice shall be provided
to the parent, and to any person entitled to receive notice pursuant
to this section, regarding that subsequent hearing.

(e) The notice shall contain the following information:

(1) The date, time, and place of the hearing.

(2) The right to appear.

(3) The parents’ right to counsel.

(4) The nature of the proceedings.

(5) The recommendation of the supervising agency.

(6) A statement that, at the time of hearing, the court is required
to select a permanent plan of adoption, legal guardianship, begin delete or
long-term foster care end delete begin insert end insert begin insert placement with a fit and willing relative, or
another planned permanent living arrangement, as appropriate, end insert
for the child.

(f) Notice to the parents may be given in any one of the
following manners:

(1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, begin delete or long-term
foster care end delete begin insert end insert begin insert placement with a fit and willing relative, or another
planned permanent living arrangement, as appropriate, end insert for the
child. The court shall direct the parent to appear for the proceedings
and then direct that the parent be notified thereafter by first-class
mail to the parent’s usual place of residence or business only.

(2) Certified mail, return receipt requested, to the parent’s last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.

(3) Personal service to the parent named in the notice.

(4) Delivery to a competent person who is at least 18 years of
age at the parent’s usual place of residence or business, and
thereafter mailed to the parent named in the notice by first-class
mail at the place where the notice was delivered.

(5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.

(6) If the recommendation of the probation officer or social
worker is legal begin delete guardianship or long-term foster care, end delete begin insert guardianship,
placement with a fit and willing relative, or another planned
permanent living arrangement, as appropriate, end insert or, in the case of
an Indian child, tribal customary adoption, service may be made
by first-class mail to the parent’s usual place of residence or
business.

(7) If a parent’s identity is known but his or her whereabouts
are unknown and the parent cannot, with reasonable diligence, be
served in any manner specified in paragraphs (1) to (6), inclusive,
the petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.

(A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that
parent’s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether
notice is to the attorney of record or by publication, the court shall
also order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.

(B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal begin delete guardianship or long-term
foster care, end delete begin insert guardianship, placement with a fit and willing relative,
or another planned permanent living arrangement, as appropriate, end insert
no further notice is required to the parent, but the court shall order
that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.

(C) In any case where the residence of the parent becomes
known, notice shall immediately be served upon the parent as
provided for in either paragraph (2), (3), (4), (5), or (6).

(g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the affidavit
filed with the court at least 75 days before the hearing date and
the court, consistent with the provisions of Sections 7665 and 7666
of the Family Code, shall issue an order dispensing with notice to
a natural parent or possible natural parent under this section if,
after inquiry and a determination that there has been due diligence
in attempting to identify the unknown parent, the court is unable
to identify the natural parent or possible natural parent and no
person has appeared claiming to be the natural parent.

(2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph
(1) and the probation officer or social worker recommends
adoption, the court shall consider whether publication notice would
be likely to lead to actual notice to the unknown parent. The court
may order publication notice if, on the basis of all information
before the court, the court determines that notice by publication
is likely to lead to actual notice to the parent. If publication notice
to an unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall
require the unknown parent or parents to appear at the date, time,
and place stated in the citation. Publication shall be made once a
week for four consecutive weeks.

(3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged parents,
of the child and the probation officer or social worker recommends
legal begin delete guardianship or long-term foster care, end delete begin insert guardianship,
placement with a fit and willing relative, or another planned
permanent living arrangement, as appropriate, end insert no further notice
to the parent shall be required.

(h) Notice to the child and all counsel of record shall be by
first-class mail.

(i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).

(k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.

(l) The court shall state the reasons on the record explaining
why good cause exists for granting any continuance of a hearing
held pursuant to Section 366.26 to fulfill the requirements of this
section.

(m) This section shall become operative on January 1, 2019.

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 295 of the end insert begin insert Welfare and Institutions Code end insert begin insert , as
amended by Section 13 of Chapter 219 of the Statutes of 2015, is
amended to read: end insert

295.  

The social worker or probation officer shall give notice
of review hearings held pursuant to Sections 366.3 and 366.31 and
for termination of jurisdiction hearings held pursuant to Section
391 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older, or a
nonminor dependent.

(5) Any known sibling of the child or nonminor dependent who
is the subject of the hearing if that sibling either is the subject of
a dependency proceeding or has been adjudged to be a dependent
child of the juvenile court. If the sibling is 10 years of age or older,
the sibling, the sibling’s caregiver, and the sibling’s attorney. If
the sibling is under 10 years of age, the sibling’s caregiver and the
sibling’s attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the
same day.

(6) The current caregiver of the child, including the foster
parents, relative caregivers, preadoptive parents, nonrelative
extended family members, begin insert resource family end insert begin insert , end insert community care
facility, or foster family agency having physical custody of the
child if a child is removed from the physical custody of the parents
or legal guardian. The person notified may attend all hearings and
may submit any information he or she deems relevant to the court
in writing.

(7) The current caregiver of a nonminor dependent, as described
in subdivision (v) of Section 11400. The person notified may attend
all hearings and may submit for filing an original and eight copies
of written information he or she deems relevant to the court. The
court clerk shall provide the current parties and attorneys of record
with a copy of the written information immediately upon receipt
and complete, file, and distribute a proof of service.

(8) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.

(9) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.

(b) No notice shall be required for a parent whose parental rights
have been terminated or for the parent of a nonminor dependent,
as described in subdivision (v) of Section 11400, unless the parent
is receiving court-ordered family reunification services pursuant
to Section 361.6.

(c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.

(d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any
recommendation that the court set a new hearing pursuant to
Section 366.26 in order to select a more permanent plan.

(e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. Except
as provided in subdivisions (g), (h), and (i), notice may be served
by electronic mail in lieu of notice by first-class mail if the county,
or city and county, and the court choose to permit service by
electronic mail and the person to be served has consented to service
by electronic mail by signing Judicial Council Form EFS-005. In
the case of an Indian child, notice shall be by registered mail, return
receipt requested.

(f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify
the guardianship is filed, the probation officer or social worker
shall serve notice of the petition not less than 15 court days prior
to the hearing on all persons listed in subdivision (a) and on the
court that established legal guardianship if it is in another county.

(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

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

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 295 of the end insert begin insert Welfare and Institutions Code end insert begin insert , as
added by Section 14 of Chapter 219 of the Statutes of 2015, is
amended to read: end insert

295.  

The social worker or probation officer shall give notice
of review hearings held pursuant to Sections 366.3 and 366.31 and
for termination of jurisdiction hearings held pursuant to Section
391 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older, or a
nonminor dependent.

(5) Any known sibling of the child or nonminor dependent who
is the subject of the hearing if that sibling either is the subject of
a dependency proceeding or has been adjudged to be a dependent
child of the juvenile court. If the sibling is 10 years of age or older,
the sibling, the sibling’s caregiver, and the sibling’s attorney. If
the sibling is under 10 years of age, the sibling’s caregiver and the
sibling’s attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the
same day.

(6) The current caregiver of the child, including the foster
parents, relative caregivers, preadoptive parents, nonrelative
extended family members, begin insert resource family, end insert community care
facility, or foster family agency having physical custody of the
child if a child is removed from the physical custody of the parents
or legal guardian. The person notified may attend all hearings and
may submit any information he or she deems relevant to the court
in writing.

(7) The current caregiver of a nonminor dependent, as described
in subdivision (v) of Section 11400. The person notified may attend
all hearings and may submit for filing an original and eight copies
of written information he or she deems relevant to the court. The
court clerk shall provide the current parties and attorneys of record
with a copy of the written information immediately upon receipt
and complete, file, and distribute a proof of service.

(8) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.

(9) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.

(b) No notice shall be required for a parent whose parental rights
have been terminated or for the parent of a nonminor dependent,
as described in subdivision (v) of Section 11400, unless the parent
is receiving court-ordered family reunification services pursuant
to Section 361.6.

(c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.

(d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any
recommendation that the court set a new hearing pursuant to
Section 366.26 in order to select a more permanent plan.

(e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.

(f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify
the guardianship is filed, the probation officer or social worker
shall serve notice of the petition not less than 15 court days prior
to the hearing on all persons listed in subdivision (a) and on the
court that established legal guardianship if it is in another county.

(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(h) This section shall become operative on January 1, 2019.

begin delete SEC. 10. end delete

begin insert SEC. 34. end insert   

Section 361.2 of the Welfare and Institutions Code,
as added by Section 48 of Chapter 773 of the Statutes of 2015, is
amended to read:

361.2.  

(a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a parent
of the child, with whom the child was not residing at the time that
the events or conditions arose that brought the child within the
provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the child
with the parent unless it finds that placement with that parent would
be detrimental to the safety, protection, or physical or emotional
well-being of the child. The fact that the parent is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent shall not be, for that reason
alone, prima facie evidence that placement with that parent would
be detrimental.

(b) If the court places the child with that parent it may do any
of the following:

(1) Order that the parent become legal and physical custodian
of the child. The court may also provide reasonable visitation by
the noncustodial parent. The court shall then terminate its
jurisdiction over the child. The custody order shall continue unless
modified by a subsequent order of the superior court. The order
of the juvenile court shall be filed in any domestic relation
proceeding between the parents.

(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take
the action described in this paragraph, the court shall consider any
concerns that have been raised by the child’s current caregiver
regarding the parent. After the social worker conducts the home
visit and files his or her report with the court, the court may then
take the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply
that the court is required to take the action described in this
paragraph as a prerequisite to the court taking the action described
in either paragraph (1) or (3).

(3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.

(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).

(d) Part 6 (commencing with Section 7950) of Division 12 of
the Family Code shall apply to the placement of a child pursuant
to paragraphs (1) and (2) of subdivision (e).

(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may
place the child in any of the following:

(1) The home of a noncustodial parent as described in
subdivision (a), regardless of the parent’s immigration status.

(2) The approved home of a relative, regardless of the relative’s
immigration status.

(3) The approved home of a nonrelative extended family
member as defined in Section 362.7.

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

(5) A foster home considering first a foster home in which the
child has been placed before an interruption in foster care, if that
placement is in the best interest of the child and space is available.

(6) A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

(7) A suitable licensed community care facility, except a
runaway and homeless youth shelter licensed by the State
Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code.

(8) With a foster family agency, as defined in subdivision (g)
of Section 11400 and paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code, to be placed in a suitable
family home certified or approved by the begin delete agency. end delete begin insert agency, with
prior approval of the county placing agency. end insert

(9) A child of any age who is placed in a community care facility
licensed as a group home for children or a short-term residential
treatment center, as defined in subdivision (ad) of Section 11400
and paragraph (18) of subdivision (a) of Section 1502 of the Health
and Safety Code, shall have a case plan that indicates that
placement is for purposes of providing short term, specialized, and
intensive treatment for the child, the case plan specifies the need
for, nature of, and anticipated duration of this treatment, pursuant
to paragraph (2) of subdivision (c) of Section 16501.1, and the
case plan includes transitioning the child to a less restrictive
environment and the projected timeline by which the child will be
transitioned to a less restrictive environment. If the placement is
longer than six months, the placement shall be documented
consistent with paragraph (3) of subdivision (a) of Section 16501.1
and shall be approved by the deputy director or director of the
county child welfare department.

(A) A child under six years of age shall not be placed in a
community care facility licensed as a group home for children, or
a short-term residential treatment center, except under the following
circumstances:

(i) When the facility meets the applicable regulations adopted
under Section 1530.8 of the Health and Safety Code and standards
developed pursuant to Section 11467.1 of this code, and the deputy
director or director of the county child welfare department has
approved the case plan.

(ii) The short term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress
toward or is actively working toward implementing the case plan
that identifies the services or supports necessary to transition the
child to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department.

(iii) To the extent that placements pursuant to this paragraph
are extended beyond an initial 120 days, the requirements of
clauses (i) and (ii) shall apply to each extension. In addition, the
deputy director or director of the county child welfare department
shall approve the continued placement no less frequently than
every 60 days.

(iv) In addition, when a case plan indicates that placement is
for purposes of providing family reunification services, the facility
shall offer family reunification services that meet the needs of the
individual child and his or her family, permit parents to have
reasonable access to their children 24 hours a day, encourage
extensive parental involvement in meeting the daily needs of their
children, and employ staff trained to provide family reunification
services. In addition, one of the following conditions exists:

(I) The child’s parent is also under the jurisdiction of the court
and resides in the facility.

(II) The child’s parent is participating in a treatment program
affiliated with the facility and the child’s placement in the facility
facilitates the coordination and provision of reunification services.

(III) Placement in the facility is the only alternative that permits
the parent to have daily 24-hour access to the child in accordance
with the case plan, to participate fully in meeting all of the daily
needs of the child, including feeding and personal hygiene, and to
have access to necessary reunification services.

(B) A child who is 6 to 12 years of age, inclusive, may be placed
in a community care facility licensed as a group home for children
or a short-term residential treatment center under the following
conditions.

(i) The short-term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department.

(ii) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of this
subparagraph shall apply to each extension. In addition, the deputy
director or director of the county child welfare department shall
approve the continued placement no less frequently than every 60
days.

(10) Any child placed in a short-term residential treatment center
shall be either of the following:

(A) A child who has been assessed as meeting one of the
placement requirements set forth in subdivisions (d) and (e) of
Section 11462.01.

(B) A child under 6 years of age who is placed with his or her
minor parent or for the purpose of reunification pursuant to clause
(iv) of subparagraph (A) of paragraph (9).

(11) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United
States, except as specified in subdivision (f).

(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best interest
of the child, except as required by federal law or treaty.

(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and shall show,
by clear and convincing evidence, that placement outside the
United States is in the best interest of the child.

(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:

(A) Placement with a relative.

(B) Placement of siblings in the same home.

(C) Amount and nature of any contact between the child and
the potential guardian or caretaker.

(D) Physical and medical needs of the dependent child.

(E) Psychological and emotional needs of the dependent child.

(F) Social, cultural, and educational needs of the dependent
child.

(G) Specific desires of any dependent child who is 12 years of
age or older.

(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.

(5) For purposes of this subdivision, “outside the United States”
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.

(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).

(g) (1) If the child is taken from the physical custody of the
child’s parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child’s parent or guardian in order to facilitate
reunification of the family.

(2) In the event that there are no appropriate placements
available in the parent’s or guardian’s county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent’s or guardian’s
community of residence.

(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child’s placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent’s or guardian’s
reason for the move.

(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child’s parent’s or guardian’s
county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child’s case
plan. If the reason the out-of-county placement is necessary is the
lack of resources in the sending county to meet the specific needs
of the child, those specific resource needs shall be documented in
the case plan.

(5) When it has been determined that a child is to be placed out
of county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and
the sending county is to maintain responsibility for supervision
and visitation of the child, the sending county shall develop a plan
of supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of
supervision and visitation, as well as information regarding any
known or suspected dangerous behavior of the child, shall be made
available to the receiving county upon placement of the child in
the receiving county. If placement occurs on a weekend or holiday,
the information shall be made available to the receiving county on
or before the end of the next business day.

(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.

(h) Whenever the social worker must change the placement of
the child and is unable to find a suitable placement within the
county and must place the child outside the county, the placement
shall not be made until he or she has served written notice on the
parent or guardian at least 14 days prior to the placement, unless
the child’s health or well-being is endangered by delaying the
action or would be endangered if prior notice were given. The
notice shall state the reasons that require placement outside the
county. The parent or guardian may object to the placement not
later than seven days after receipt of the notice and, upon objection,
the court shall hold a hearing not later than five days after the
objection and prior to the placement. The court shall order
out-of-county placement if it finds that the child’s particular needs
require placement outside the county.

(i) If the court has ordered removal of the child from the physical
custody of his or her parents pursuant to Section 361, the court
shall consider whether the family ties and best interest of the child
will be served by granting visitation rights to the child’s
grandparents. The court shall clearly specify those rights to the
social worker.

(j) If the court has ordered removal of the child from the physical
custody of his or her parents pursuant to Section 361, the court
shall consider whether there are any siblings under the court’s
jurisdiction, or any nondependent siblings in the physical custody
of a parent subject to the court’s jurisdiction, the nature of the
relationship between the child and his or her siblings, the
appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002, and the impact of the
sibling relationships on the child’s placement and planning for
legal permanence.

(k) (1) An agency shall ensure placement of a child in a home
that, to the fullest extent possible, best meets the day-to-day needs
of the child. A home that best meets the day-to-day needs of the
child shall satisfy all of the following criteria:

(A) The child’s caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.

(B) The child’s caregiver is permitted to maintain the least
restrictive family setting that promotes normal childhood
experiences and that serves the day-to-day needs of the child.

(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote normal
childhood experiences for the foster child.

(2) The foster child’s caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child’s caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.

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

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 361.5 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

361.5.  

(a) Except as provided in subdivision (b), or when the
parent has voluntarily relinquished the child and the relinquishment
has been filed with the State Department of Social Services, or
upon the establishment of an order of guardianship pursuant to
Section 360, or when a court adjudicates a petition under Section
329 to modify the court’s jurisdiction from delinquency jurisdiction
to dependency jurisdiction pursuant to subparagraph (A) of
paragraph (2) of subdivision (b) of Section 607.2 and the parents
or guardian of the ward have had reunification services terminated
under the delinquency jurisdiction, whenever a child is removed
from a parent’s or guardian’s custody, the juvenile court shall order
the social worker to provide child welfare services to the child and
the child’s mother and statutorily presumed father or guardians.
Upon a finding and declaration of paternity by the juvenile court
or proof of a prior declaration of paternity by any court of
competent jurisdiction, the juvenile court may order services for
the child and the biological father, if the court determines that the
services will benefit the child.

(1) Family reunification services, when provided, shall be
provided as follows:

(A) Except as otherwise provided in subparagraph (C), for a
child who, on the date of initial removal from the physical custody
of his or her parent or guardian, was three years of age or older,
court-ordered services shall be provided beginning with the
dispositional hearing and ending 12 months after the date the child
entered foster care as provided in Section 361.49, unless the child
is returned to the home of the parent or guardian.

(B) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under three
years of age, court-ordered services shall be provided for a period
of six months from the dispositional hearing as provided in
subdivision (e) of Section 366.21, but no longer than 12 months
from the date the child entered foster care as provided in Section
361.49 unless the child is returned to the home of the parent or
guardian.

(C) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for
a child in a sibling group whose members were removed from
parental custody at the same time, and in which one member of
the sibling group was under three years of age on the date of initial
removal from the physical custody of his or her parent or guardian,
court-ordered services for some or all of the sibling group may be
limited as set forth in subparagraph (B). For the purposes of this
paragraph, “a sibling group” shall mean two or more children who
are related to each other as full or half siblings.

(2) Any motion to terminate court-ordered reunification services
prior to the hearing set pursuant to subdivision (f) of Section 366.21
for a child described by subparagraph (A) of paragraph (1), or
prior to the hearing set pursuant to subdivision (e) of Section
366.21 for a child described by subparagraph (B) or (C) of
paragraph (1), shall be made pursuant to the requirements set forth
in subdivision (c) of Section 388. A motion to terminate
court-ordered reunification services shall not be required at the
hearing set pursuant to subdivision (e) of Section 366.21 if the
court finds by clear and convincing evidence one of the following:

(A) That the child was removed initially under subdivision (g)
of Section 300 and the whereabouts of the parent are still unknown.

(B) That the parent has failed to contact and visit the child.

(C) That the parent has been convicted of a felony indicating
parental unfitness.

(3) Notwithstanding subparagraphs (A), (B), and (C) of
paragraph (1), court-ordered services may be extended up to a
maximum time period not to exceed 18 months after the date the
child was originally removed from physical custody of his or her
parent or guardian if it can be shown, at the hearing held pursuant
to subdivision (f) of Section 366.21, that the permanent plan for
the child is that he or she will be returned and safely maintained
in the home within the extended time period. The court shall extend
the time period only if it finds that there is a substantial probability
that the child will be returned to the physical custody of his or her
parent or guardian within the extended time period or that
reasonable services have not been provided to the parent or
guardian. In determining whether court-ordered services may be
extended, the court shall consider the special circumstances of an
incarcerated or institutionalized parent or parents, parent or parents
court-ordered to a residential substance abuse treatment program,
or a parent who has been arrested and issued an immigration hold,
detained by the United States Department of Homeland Security,
or deported to his or her country of origin, including, but not
limited to, barriers to the parent’s or guardian’s access to services
and ability to maintain contact with his or her child. The court
shall also consider, among other factors, good faith efforts that the
parent or guardian has made to maintain contact with the child. If
the court extends the time period, the court shall specify the factual
basis for its conclusion that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or guardian within the extended time period. The court also
shall make findings pursuant to subdivision (a) of Section 366 and
subdivision (e) of Section 358.1.

When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent’s or guardian’s participation is deemed by the
court to be inappropriate or potentially detrimental to the child, or
unless a parent or guardian is incarcerated of detained by the United
States Department of Homeland Security and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court, or has been deported
to his or her country of origin and services ordered by the court
are not accessible in that country. Physical custody of the child by
the parents or guardians during the applicable time period under
subparagraph (A), (B), or (C) of paragraph (1) shall not serve to
interrupt the running of the time period. If at the end of the
applicable time period, a child cannot be safely returned to the
care and custody of a parent or guardian without court supervision,
but the child clearly desires contact with the parent or guardian,
the court shall take the child’s desire into account in devising a
permanency plan.

In cases where the child was under three years of age on the date
of the initial removal from the physical custody of his or her parent
or guardian or is a member of a sibling group as described in
subparagraph (C) of paragraph (1), the court shall inform the parent
or guardian that the failure of the parent or guardian to participate
regularly in any court-ordered treatment programs or to cooperate
or avail himself or herself of services provided as part of the child
welfare services case plan may result in a termination of efforts
to reunify the family after six months. The court shall inform the
parent or guardian of the factors used in subdivision (e) of Section
366.21 to determine whether to limit services to six months for
some or all members of a sibling group as described in
subparagraph (C) of paragraph (1).

(4) Notwithstanding paragraph (3), court-ordered services may
be extended up to a maximum time period not to exceed 24 months
after the date the child was originally removed from physical
custody of his or her parent or guardian if it is shown, at the hearing
held pursuant to subdivision (b) of Section 366.22, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.
The court shall extend the time period only if it finds that it is in
the child’s best interest to have the time period extended and that
there is a substantial probability that the child will be returned to
the physical custody of his or her parent or guardian who is
described in subdivision (b) of Section 366.22 within the extended
time period, or that reasonable services have not been provided to
the parent or guardian. If the court extends the time period, the
court shall specify the factual basis for its conclusion that there is
a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the
extended time period. The court also shall make findings pursuant
to subdivision (a) of Section 366 and subdivision (e) of Section
358.1.

When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
in order for substantial probability to be found. Physical custody
of the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall
not serve to interrupt the running of the time period. If at the end
of the applicable time period, the child cannot be safely returned
to the care and custody of a parent or guardian without court
supervision, but the child clearly desires contact with the parent
or guardian, the court shall take the child’s desire into account in
devising a permanency plan.

Except in cases where, pursuant to subdivision (b), the court
does not order reunification services, the court shall inform the
parent or parents of Section 366.26 and shall specify that the
parent’s or parents’ parental rights may be terminated.

(b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by
clear and convincing evidence, any of the following:

(1) That the whereabouts of the parent or guardian is unknown.
A finding pursuant to this paragraph shall be supported by an
affidavit or by proof that a reasonably diligent search has failed
to locate the parent or guardian. The posting or publication of
notices is not required in that search.

(2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.

(3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section
300 as a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his
or her parent or guardian pursuant to Section 361, that the child
has been returned to the custody of the parent or guardian from
whom the child had been taken originally, and that the child is
being removed pursuant to Section 361, due to additional physical
or sexual abuse.

(4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.

(5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct
of that parent or guardian.

(6) That the child has been adjudicated a dependent pursuant
to any subdivision of Section 300 as a result of severe sexual abuse
or the infliction of severe physical harm to the child, a sibling, or
a half sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.

A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half sibling of the child, or
between the child or a sibling or half sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the
child’s, sibling’s, or half sibling’s genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.

A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited
to, deliberate and serious injury inflicted to or on a child’s body
or the body of a sibling or half sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.

(7) That the parent is not receiving reunification services for a
sibling or a half sibling of the child pursuant to paragraph (3), (5),
or (6).

(8) That the child was conceived by means of the commission
of an offense listed in Section 288 or 288.5 of the Penal Code, or
by an act committed outside of this state that, if committed in this
state, would constitute one of those offenses. This paragraph only
applies to the parent who committed the offense or act.

(9) That the child has been found to be a child described in
subdivision (g) of Section 300; that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or
that the parent or other person having custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code. For the purposes
of this paragraph, “serious danger” means that without the
intervention of another person or agency, the child would have
sustained severe or permanent disability, injury, illness, or death.
For purposes of this paragraph, “willful abandonment” shall not
be construed as actions taken in good faith by the parent without
the intent of placing the child in serious danger.

(10) That the court ordered termination of reunification services
for any siblings or half siblings of the child because the parent or
guardian failed to reunify with the sibling or half sibling after the
sibling or half sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is
the same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems
that led to removal of the sibling or half sibling of that child from
that parent or guardian.

(11) That the parental rights of a parent over any sibling or half
sibling of the child had been permanently severed, and this parent
is the same parent described in subdivision (a), and that, according
to the findings of the court, this parent has not subsequently made
a reasonable effort to treat the problems that led to removal of the
sibling or half sibling of that child from the parent.

(12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.

(13) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior court-ordered treatment for this problem during a
three-year period immediately prior to the filing of the petition
that brought that child to the court’s attention, or has failed or
refused to comply with a program of drug or alcohol treatment
described in the case plan required by Section 358.1 on at least
two prior occasions, even though the programs identified were
available and accessible.

(14) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.

The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council. The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of
services, including the termination of parental rights and placement
of the child for adoption. The court shall not accept the waiver of
services unless it states on the record its finding that the parent or
guardian has knowingly and intelligently waived the right to
services.

(15) That the parent or guardian has on one or more occasions
willfully abducted the child or child’s sibling or half sibling from
his or her placement and refused to disclose the child’s or child’s
sibling’s or half sibling’s whereabouts, refused to return physical
custody of the child or child’s sibling or half sibling to his or her
placement, or refused to return physical custody of the child or
child’s sibling or half sibling to the social worker.

(16) That the parent or guardian has been required by the court
to be registered on a sex offender registry under the federal Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
16913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
Child Abuse Prevention and Treatment Act of 2006 (42 U.S.C.
Sec. 5106a(2)(B)(xvi)(VI)).

(c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately caring
for the child within the time limits specified in subdivision (a).

The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12),
(13), (14), (15), or (16) of subdivision (b) unless the court finds,
by clear and convincing evidence, that reunification is in the best
interest of the child.

In addition, the court shall not order reunification in any situation
described in paragraph (5) of subdivision (b) unless it finds that,
based on competent testimony, those services are likely to prevent
reabuse or continued neglect of the child or that failure to try
reunification will be detrimental to the child because the child is
closely and positively attached to that parent. The social worker
shall investigate the circumstances leading to the removal of the
child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or unsuccessful
and whether failure to order reunification is likely to be detrimental
to the child.

The failure of the parent to respond to previous services, the fact
that the child was abused while the parent was under the influence
of drugs or alcohol, a past history of violent behavior, or testimony
by a competent professional that the parent’s behavior is unlikely
to be changed by services are among the factors indicating that
reunification services are unlikely to be successful. The fact that
a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the parent
that has exposed the child to repeated abuse.

(d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement
of the child, the court shall order the social worker to provide
family reunification services in accordance with this subdivision.

(e) (1) If the parent or guardian is incarcerated, institutionalized,
or detained by the United States Department of Homeland Security,
or has been deported to his or her country of origin, the court shall
order reasonable services unless the court determines, by clear and
convincing evidence, those services would be detrimental to the
child. In determining detriment, the court shall consider the age
of the child, the degree of parent-child bonding, the length of the
sentence, the length and nature of the treatment, the nature of the
crime or illness, the degree of detriment to the child if services are
not offered and, for children 10 years of age or older, the child’s
attitude toward the implementation of family reunification services,
the likelihood of the parent’s discharge from incarceration,
institutionalization, or detention within the reunification time
limitations described in subdivision (a), and any other appropriate
factors. In determining the content of reasonable services, the court
shall consider the particular barriers to an incarcerated,
institutionalized, detained, or deported parent’s access to those
court-mandated services and ability to maintain contact with his
or her child, and shall document this information in the child’s
case plan. Reunification services are subject to the applicable time
limitations imposed in subdivision (a). Services may include, but
shall not be limited to, all of the following:

(A) Maintaining contact between the parent and child through
collect telephone calls.

(B) Transportation services, where appropriate.

(C) Visitation services, where appropriate.

(D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.

An incarcerated or detained parent may be required to attend
counseling, parenting classes, or vocational training programs as
part of the reunification service plan if actual access to these
services is provided. The social worker shall document in the
child’s case plan the particular barriers to an incarcerated,
institutionalized, or detained parent’s access to those
court-mandated services and ability to maintain contact with his
or her child.

(E) Reasonable efforts to assist parents who have been deported
to contact child welfare authorities in their country of origin, to
identify any available services that would substantially comply
with case plan requirements, to document the parents’ participation
in those services, and to accept reports from local child welfare
authorities as to the parents’ living situation, progress, and
participation in services.

(2) The presiding judge of the juvenile court of each county
may convene representatives of the county welfare department,
the sheriff’s department, and other appropriate entities for the
purpose of developing and entering into protocols for ensuring the
notification, transportation, and presence of an incarcerated or
institutionalized parent at all court hearings involving proceedings
affecting the child pursuant to Section 2625 of the Penal Code.
The county welfare department shall utilize the prisoner locator
system developed by the Department of Corrections and
Rehabilitation to facilitate timely and effective notice of hearings
for incarcerated parents.

(3) Notwithstanding any other begin delete provision of end delete law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of
Corrections and Rehabilitation pursuant to Chapter 4.8
(commencing with Section 1174) of Title 7 of Part 2 of, Chapter
4 (commencing with Section 3410) of Title 2 of Part 3 of, the Penal
Code, the court shall determine whether the parent’s participation
in a program is in the child’s best interest and whether it is suitable
to meet the needs of the parent and child.

(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), (13), (14), (15), or (16) of subdivision (b)
or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include a
permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship,
begin delete or long-term foster care, end delete begin insert end insert begin insert placement with a fit and willing relative,
or another planned permanent living arrangement, end insert or in the case
of an Indian child, in consultation with the child’s tribe, tribal
customary adoption, is the most appropriate plan for the child, and
shall consider in-state and out-of-state placement options. If the
court so determines, it shall conduct the hearing pursuant to Section
366.26 within 120 days after the dispositional hearing. However,
the court shall not schedule a hearing so long as the other parent
is being provided reunification services pursuant to subdivision
(a). The court may continue to permit the parent to visit the child
unless it finds that visitation would be detrimental to the child.

(g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, including, when, in consultation with
the child’s tribe, tribal customary adoption is recommended, it
shall direct the agency supervising the child and the county
adoption agency, or the State Department of Social Services when
it is acting as an adoption agency, to prepare an assessment that
shall include:

(A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for
in Section 291.

(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the
extended family of each child shall be reviewed on a case-by-case
basis, “extended family” for the purpose of this subparagraph shall
include, but not be limited to, the child’s siblings, grandparents,
aunts, and uncles.

(C) An evaluation of the child’s medical, developmental,
scholastic, mental, and emotional status.

(D) A preliminary assessment of the eligibility and commitment
of any identified prospective adoptive parent or guardian, including
a prospective tribal customary adoptive parent, particularly the
caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child’s needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, “relative” means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
“great,” “great-great,” or “grand,” or the spouse of any of those
persons even if the marriage was terminated by death or
dissolution. If the proposed permanent plan is guardianship with
an approved relative caregiver for a minor eligible for aid under
the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
as used in this section has the same meaning as “relative” as
defined in subdivision (c) of Section 11391.

(E) The relationship of the child to any identified prospective
adoptive parent or guardian, including a prospective tribal
customary parent, the duration and character of the relationship,
the degree of attachment of the child to the prospective relative
guardian or adoptive parent, the relative’s or adoptive parent’s
strong commitment to caring permanently for the child, the
motivation for seeking adoption or guardianship, a statement from
the child concerning placement and the adoption or guardianship,
and whether the child over 12 years of age has been consulted
about the proposed relative guardianship arrangements, unless the
child’s age or physical, emotional, or other condition precludes
his or her meaningful response, and if so, a description of the
condition.

(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.

(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child’s tribe, a
customary adoption, as defined in Section 366.24, is recommended.
If tribal customary adoption is recommended, the assessment shall
include an analysis of both of the following:

(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.

(ii) Whether the Indian child cannot or should not be returned
to the home of the Indian parent or Indian custodian and the reasons
for reaching that conclusion.

(2) (A) A relative caregiver’s preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.

(B) Regardless of his or her immigration status, a relative
caregiver shall be given information regarding the permanency
options of guardianship and adoption, including the long-term
benefits and consequences of each option, prior to establishing
legal guardianship or pursuing adoption. If the proposed permanent
plan is guardianship with an approved relative caregiver for a
minor eligible for aid under the Kin-GAP Program, as provided
for in Article 4.7 (commencing with Section 11385) of Chapter 2
of Part 3 of Division 9, the relative caregiver shall be informed
about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.

(h) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385) of Chapter 2 of Part
3 of Division 9, as applicable.

(i) In determining whether reunification services will benefit
the child pursuant to paragraph (6) or (7) of subdivision (b), the
court shall consider any information it deems relevant, including
the following factors:

(1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the
child’s sibling or half sibling.

(2) The circumstances under which the abuse or harm was
inflicted on the child or the child’s sibling or half sibling.

(3) The severity of the emotional trauma suffered by the child
or the child’s sibling or half sibling.

(4) Any history of abuse of other children by the offending
parent or guardian.

(5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.

(6) Whether or not the child desires to be reunified with the
offending parent or guardian.

(j) When the court determines that reunification services will
not be ordered, it shall order that the child’s caregiver receive the
child’s birth certificate in accordance with Sections 16010.4 and
16010.5. Additionally, when the court determines that reunification
services will not be ordered, it shall order, when appropriate, that
a child who is 16 years of age or older receive his or her birth
certificate.

(k) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would
not benefit the child.

begin delete SEC. 11. end delete

begin insert SEC. 36. end insert   

Section 366.26 of the Welfare and Institutions Code
is amended to read:

366.26.  

(a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision
(d) of Section 360. The procedures specified herein are the
exclusive procedures for conducting these hearings; Part 2
(commencing with Section 3020) of Division 8 of the Family Code
is not applicable to these proceedings. Section 8616.5 of the Family
Code is applicable and available to all dependent children meeting
the requirements of that section, if the postadoption contact
agreement has been entered into voluntarily. For children who are
adjudged dependent children of the juvenile court pursuant to
subdivision (d) of Section 360, this section and Sections 8604,
8605, 8606, and 8700 of the Family Code and Chapter 5
(commencing with Section 7660) of Part 3 of Division 12 of the
Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.

(b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, 366.22, or
366.25, shall indicate that the court has read and considered it,
shall receive other evidence that the parties may present, and then
shall make findings and orders in the following order of preference:

(1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.

(2) Order, without termination of parental rights, the plan of
tribal customary adoption, as described in Section 366.24, through
tribal custom, traditions, or law of the Indian child’s tribe, and
upon the court affording the tribal customary adoption order full
faith and credit at the continued selection and implementation
hearing, order that a hearing be set pursuant to paragraph (2) of
subdivision (e).

(3) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.

(4) On making a finding under paragraph (3) of subdivision (c),
identify adoption or tribal customary adoption as the permanent
placement goal and order that efforts be made to locate an
appropriate adoptive family for the child within a period not to
exceed 180 days.

(5) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.

(6) Order that the child be permanently placed with a fit and
willing relative, subject to the periodic review of the juvenile court
under Section 366.3.

(7) Order that the child remain in foster care, subject to the
conditions described in paragraph (4) of subdivision (c) and the
periodic review of the juvenile court under Section 366.3.

In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).

(c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that
it is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not likely
the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for
six months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody
of the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental rights.
Under these circumstances, the court shall terminate parental rights
unless either of the following applies:

(A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with
a stable and permanent environment through legal guardianship,
and the removal of the child from the custody of his or her relative
would be detrimental to the emotional well-being of the child. For
purposes of an Indian child, “relative” shall include an “extended
family member,” as defined in the federal Indian Child Welfare
Act of 1978 (25 U.S.C. Sec. 1903(2)).

(B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more
of the following circumstances:

(i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.

(ii) A child 12 years of age or older objects to termination of
parental rights.

(iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential
care is no longer needed.

(iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of
exceptional circumstances, that do not include an unwillingness
to accept legal or financial responsibility for the child, but who is
willing and capable of providing the child with a stable and
permanent environment and the removal of the child from the
physical custody of his or her foster parent or Indian custodian
would be detrimental to the emotional well-being of the child. This
clause does not apply to any child who is either (I) under six years
of age or (II) a member of a sibling group where at least one child
is under six years of age and the siblings are, or should be,
permanently placed together.

(v) There would be substantial interference with a child’s sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong
bonds with a sibling, and whether ongoing contact is in the child’s
best interest, including the child’s long-term emotional interest,
as compared to the benefit of legal permanence through adoption.

(vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be
in the best interest of the child, including, but not limited to:

(I) Termination of parental rights would substantially interfere
with the child’s connection to his or her tribal community or the
child’s tribal membership rights.

(II) The child’s tribe has identified guardianship, foster care
with a fit and willing relative, tribal customary adoption, or another
planned permanent living arrangement for the child.

(III) The child is a nonminor dependent, and the nonminor and
the nonminor’s tribe have identified tribal customary adoption for
the nonminor.

(C) For purposes of subparagraph (B), in the case of tribal
customary adoptions, Section 366.24 shall apply.

(D) If the court finds that termination of parental rights would
be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
(v), or (vi), it shall state its reasons in writing or on the record.

(2) The court shall not terminate parental rights if:

(A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered
or provided.

(B) In the case of an Indian child:

(i) At the hearing terminating parental rights, the court has found
that active efforts were not made as required in Section 361.7.

(ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more “qualified
expert witnesses” as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.

(iii) The court has ordered tribal customary adoption pursuant
to Section 366.24.

(3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place for
adoption and there is no identified or available prospective adoptive
parent, the court may identify adoption as the permanent placement
goal begin delete and end delete begin insert and, end insert without terminating parental rights, order that efforts
be made to locate an appropriate adoptive family for the child,
within the state or out of the state, within a period not to exceed
180 days. During this 180-day period, the public agency
responsible for seeking adoptive parents for each child shall, to
the extent possible, ask each child who is 10 years of age or begin delete older, end delete
begin insert older end insert to identify any individuals, other than the child’s siblings,
who are important to the child, in order to identify potential
adoptive parents. The public agency may ask any other child to
provide that information, as appropriate. During the 180-day
period, the public agency shall, to the extent possible, contact other
private and public adoption agencies regarding the availability of
the child for adoption. During the 180-day period, the public
agency shall conduct the search for adoptive parents in the same
manner as prescribed for children in Sections 8708 and 8709 of
the Family Code. At the expiration of this period, another hearing
shall be held and the court shall proceed pursuant to paragraph
(1), (2), (3), (5), or (6) of subdivision (b). For purposes of this
section, a child may only be found to be difficult to place for
adoption if there is no identified or available prospective adoptive
parent for the child because of the child’s membership in a sibling
group, or the presence of a diagnosed medical, physical, or mental
handicap, or the child is seven years of age or begin delete more. end delete begin insert older. end insert

(4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the child,
because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
applies, the court shall order that the present caretakers or other
appropriate persons shall become legal guardians of the child, or,
in the case of an Indian child, consider a tribal customary adoption
pursuant to Section 366.24. Legal guardianship shall be considered
before continuing the child in foster care under any other permanent
plan, if it is in the best interests of the child and if a suitable
guardian can be found. If the child continues in foster care, the
court shall make factual findings identifying any barriers to
achieving adoption, tribal customary adoption in the case of an
Indian child, legal guardianship, or placement with a fit and willing
relative as of the date of the hearing. A child who is 10 years of
age or older, shall be asked to identify any individuals, other than
the child’s siblings, who are important to the child, in order to
identify potential guardians or, in the case of an Indian child,
prospective tribal customary adoptive parents. The agency may
ask any other child to provide that information, as appropriate.

(B) (i) If the child is living with an approved relative who is
willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian as of the
hearing date, the court shall order a permanent plan of placement
with a fit and willing relative, and the child shall not be removed
from the home if the court finds the removal would be seriously
detrimental to the emotional well-being of the child because the
child has substantial psychological ties to the relative caretaker.

(ii) If the child is living with a nonrelative caregiver who is
willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian as of the
hearing date, the court shall order that the child remain in foster
care with a permanent plan of return home, adoption, legal
guardianship, or placement with a fit and willing relative, as
appropriate. If the child is 16 years of age or older, or a nonminor
dependent, and no other permanent plan is appropriate at the time
of the hearing, the court may order another planned permanent
living arrangement, as described in paragraph (2) of subdivision
(i) of Section 16501. Regardless of the age of the child, the child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
caregiver.

(iii) If the child is living in a group home or, on or after January
1, 2017, a short-term residential treatment center, the court shall
order that the child remain in foster care with a permanent plan of
return home, adoption, tribal customary adoption in the case of an
Indian child, legal guardianship, or placement with a fit and willing
relative, as appropriate. If the child is 16 years of age or older, or
a nonminor dependent, and no other permanent plan is appropriate
at the time of the hearing, the court may order another planned
permanent living arrangement, as described in paragraph (2) of
subdivision (i) of Section 16501.

(C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of
the evidence that the visitation would be detrimental to the physical
or emotional well-being of the child.

(5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, that
placement with a fit and willing relative is not appropriate as of
the hearing date, and that there are no suitable foster parents except
begin delete exclusive-use homes end delete begin insert certified family homes or resource families
of a foster family agency end insert available to provide the child with a stable
and permanent environment, the court may order the care, custody,
and control of the child transferred from the county welfare
department to a licensed foster family agency. The court shall
consider the written recommendation of the county welfare director
regarding the suitability of the transfer. The transfer shall be subject
to further court orders.

The licensed foster family agency shall place the child in a
suitable licensed or begin delete exclusive-use end delete begin insert certified family end insert home that has
been certified by the agency as meeting licensing begin delete standards. end delete
begin insert standards or with a resource family approved by the agency. end insert The
licensed foster family agency shall be responsible for supporting
the child and providing appropriate services to the child, including
those services ordered by the court. Responsibility for the support
of the child shall not, in and of itself, create liability on the part of
the foster family agency to third persons injured by the child. Those
children whose care, custody, and control are transferred to a foster
family agency shall not be eligible for foster care maintenance
payments or child welfare services, except for emergency response
services pursuant to Section 16504.

(d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint
the legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, subdivision (b) of Section 366.22, and
subdivision (b) of Section 366.25 shall be read and considered by
the court prior to the appointment, and this shall be reflected in
the minutes of the court. The person preparing the assessment may
be called and examined by any party to the proceeding.

(e) (1) The proceeding for the adoption of a child who is a
dependent of the juvenile court shall be in the juvenile court if the
court finds pursuant to this section that adoption is the appropriate
permanent plan and the petition for adoption is filed in the juvenile
court. Upon the filing of a petition for adoption, the juvenile court
shall order that an adoption hearing be set. The court shall proceed
with the adoption after the appellate rights of the natural parents
have been exhausted. The full report required by Section 8715 of
the Family Code shall be read and considered by the court prior
to the adoption and this shall be reflected in the minutes of the
court. The person preparing the report may be called and examined
by any party to the proceeding. It is the intent of the Legislature,
pursuant to this subdivision, to give potential adoptive parents the
option of filing in the juvenile court the petition for the adoption
of a child who is a dependent of the juvenile court. Nothing in this
section is intended to prevent the filing of a petition for adoption
in any other court as permitted by law, instead of in the juvenile
court.

(2) In the case of an Indian child, if the Indian child’s tribe has
elected a permanent plan of tribal customary adoption, the court,
upon receiving the tribal customary adoption order will afford the
tribal customary adoption order full faith and credit to the same
extent that the court would afford full faith and credit to the public
acts, records, judicial proceedings, and judgments of any other
entity. Upon a determination that the tribal customary adoption
order may be afforded full faith and credit, consistent with Section
224.5, the court shall thereafter order a hearing to finalize the
adoption be set upon the filing of the adoption petition. The
prospective tribal customary adoptive parents and the child who
is the subject of the tribal customary adoption petition shall appear
before the court for the finalization hearing. The court shall
thereafter issue an order of adoption pursuant to Section 366.24.

(3) If a child who is the subject of a finalized tribal customary
adoption shows evidence of a developmental disability or mental
illness as a result of conditions existing before the tribal customary
adoption to the extent that the child cannot be relinquished to a
licensed adoption agency on the grounds that the child is considered
unadoptable, and of which condition the tribal customary adoptive
parent or parents had no knowledge or notice before the entry of
the tribal customary adoption order, a petition setting forth those
facts may be filed by the tribal customary adoptive parent or
parents with the juvenile court that granted the tribal customary
adoption petition. If these facts are proved to the satisfaction of
the juvenile court, it may make an order setting aside the tribal
customary adoption order. The set-aside petition shall be filed
within five years of the issuance of the tribal customary adoption
order. The court clerk shall immediately notify the child’s tribe
and the department in Sacramento of the petition within 60 days
after the notice of filing of the petition. The department shall file
a full report with the court and shall appear before the court for
the purpose of representing the child. Whenever a final decree of
tribal customary adoption has been vacated or set aside, the child
shall be returned to the custody of the county in which the
proceeding for tribal customary adoption was finalized. The
biological parent or parents of the child may petition for return of
custody. The disposition of the child after the court has entered an
order to set aside a tribal customary adoption shall include
consultation with the child’s tribe.

(f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:

(1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.

(2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his
or her parent. The public defender or private counsel may be
appointed as counsel for the parent.

(3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of
which shall be determined by the court. The amount shall be paid
by the real parties in interest, other than the child, in any
proportions the court deems just. However, if the court finds that
any of the real parties in interest are unable to afford counsel, the
amount shall be paid out of the general fund of the county.

(g) The court may continue the proceeding for a period of time
not to exceed 30 days as necessary to appoint counsel, and to
enable counsel to become acquainted with the case.

(h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.

(2) In accordance with Section 349, the child shall be present
in court if the child or the child’s counsel so requests or the court
so orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to attend
the hearing and inquire as to the reason why the child is not present.

(3) (A) The testimony of the child may be taken in chambers
and outside the presence of the child’s parent or parents, if the
child’s parent or parents are represented by counsel, the counsel
is present, and any of the following circumstances begin delete exists: end delete begin insert exist: end insert

(i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.

(ii) The child is likely to be intimidated by a formal courtroom
setting.

(iii) The child is afraid to testify in front of his or her parent or
parents.

(B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony
or have the testimony summarized by counsel for the parent or
parents.

(C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.

(i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents begin delete and end delete begin insert and, end insert upon all other persons
who have been served with citation by publication or otherwise
as provided in this chapter. After making the order, the juvenile
court shall have no power to set aside, change, or modify it, except
as provided in paragraph (2), but nothing in this section shall be
construed to limit the right to appeal the order.

(2) A tribal customary adoption order evidencing that the Indian
child has been the subject of a tribal customary adoption shall be
afforded full faith and credit and shall have the same force and
effect as an order of adoption authorized by this section. The rights
and obligations of the parties as to the matters determined by the
Indian child’s tribe shall be binding on all parties. A court shall
not order compliance with the order absent a finding that the party
seeking the enforcement participated, or attempted to participate,
in good faith, in family mediation services of the court or dispute
resolution through the tribe regarding the conflict, prior to the
filing of the enforcement action.

(3) A child who has not been adopted after the passage of at
least three years from the date the court terminated parental rights
and for whom the court has determined that adoption is no longer
the permanent plan may petition the juvenile court to reinstate
parental rights pursuant to the procedure prescribed by Section
388. The child may file the petition prior to the expiration of this
three-year period if the State Department of Social Services, county
adoption agency, or licensed adoption agency that is responsible
for custody and supervision of the child as described in subdivision
(j) and the child stipulate that the child is no longer likely to be
adopted. A child over 12 years of age shall sign the petition in the
absence of a showing of good cause as to why the child could not
do so. If it appears that the best interests of the child may be
promoted by reinstatement of parental rights, the court shall order
that a hearing be held and shall give prior notice, or cause prior
notice to be given, to the social worker or probation officer and to
the child’s attorney of record, or, if there is no attorney of record
for the child, to the child, and the child’s tribe, if applicable, by
means prescribed by subdivision (c) of Section 297. The court
shall order the child or the social worker or probation officer to
give prior notice of the hearing to the child’s former parent or
parents whose parental rights were terminated in the manner
prescribed by subdivision (f) of Section 294 where the
recommendation is adoption. The juvenile court shall grant the
petition if it finds by clear and convincing evidence that the child
is no longer likely to be adopted and that reinstatement of parental
rights is in the child’s best interest. If the court reinstates parental
rights over a child who is under 12 years of age and for whom the
new permanent plan will not be reunification with a parent or legal
guardian, the court shall specify the factual basis for its findings
that it is in the best interest of the child to reinstate parental rights.
This subdivision is intended to be retroactive and applies to any
child who is under the jurisdiction of the juvenile court at the time
of the hearing regardless of the date parental rights were terminated.

(j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, or declares the child
eligible for tribal customary adoption, the court shall at the same
time order the child referred to the State Department of Social
Services, county adoption agency, or licensed adoption agency for
adoptive placement by the agency. However, except in the case
of a tribal customary adoption where there is no termination of
parental rights, a petition for adoption may not be granted until
the appellate rights of the natural parents have been exhausted.
The State Department of Social Services, county adoption agency,
or licensed adoption agency shall be responsible for the custody
and supervision of the child and shall be entitled to the exclusive
care and control of the child at all times until a petition for adoption
or tribal customary adoption is granted, except as specified in
subdivision (n). With the consent of the agency, the court may
appoint a guardian of the child, who shall serve until the child is
adopted.

(k) Notwithstanding any other law, the application of any person
who, as a relative caretaker or foster parent, has cared for a
dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be
given preference with respect to that child over all other
applications for adoptive placement if the agency making the
placement determines that the child has substantial emotional ties
to the relative caretaker or foster parent and removal from the
relative caretaker or foster parent would be seriously detrimental
to the child’s emotional well-being.

As used in this subdivision, “preference” means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.

(l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:

(A) A petition for extraordinary writ review was filed in a timely
manner.

(B) The petition substantively addressed the specific issues to
be challenged and supported that challenge by an adequate record.

(C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.

(2) Failure to file a petition for extraordinary writ review within
the period specified by rule, to substantively address the specific
issues challenged, or to support that challenge by an adequate
record shall preclude subsequent review by appeal of the findings
and orders made pursuant to this section.

(3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:

(A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as
set forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.

(B) The prompt transmittal of the records from the trial court
to the appellate court.

(C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.

(D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.

(4) The intent of this subdivision is to do both of the following:

(A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing
pursuant to this section.

(B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.

(5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after January
1, 1995.

(m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.

(n) (1) Notwithstanding Section 8704 of the Family Code or
any other law, the court, at a hearing held pursuant to this section
or anytime thereafter, may designate a current caretaker as a
prospective adoptive parent if the child has lived with the caretaker
for at least six months, the caretaker currently expresses a
commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision
(i) of Section 366.21 as an appropriate person to be considered as
an adoptive parent for the child and the recommendation of the
State Department of Social Services, county adoption agency, or
licensed adoption agency.

(2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:

begin insert

(A) Applying for an adoption homestudy.

end insert begin insert

(B) Cooperating with an adoption homestudy.

end insert begin delete

(A)

end delete

begin insert ( end insert begin insert C) end insert  Being designated by the court or the adoption agency as the
adoptive family.

begin delete

(B)

end delete

begin insert ( end insert begin insert D) end insert  Requesting de facto parent status.

begin delete

(C)

end delete

begin insert ( end insert begin insert E) end insert  Signing an adoptive placement agreement.

begin delete

(D)

end delete

begin insert ( end insert begin insert F) end insert  Engaging in discussions regarding a postadoption contact
agreement.

begin delete

(E)

end delete

begin insert ( end insert begin insert G) end insert  Working to overcome any impediments that have been
identified by the State Department of Social Services, county
adoption agency, or licensed adoption agency.

begin delete

(F)

end delete

begin insert ( end insert begin insert H) end insert  Attending classes required of prospective adoptive parents.

(3) Prior to a change in placement and as soon as possible after
a decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be
designated as a prospective adoptive parent pursuant to paragraph
(1) on the date of service of this notice, the child’s attorney, and
the child, if the child is 10 years of age or older, of the proposal
in the manner described in Section 16010.6.

(A) Within five court days or seven calendar days, whichever
is longer, of the date of notification, the child, the child’s attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the
proposal. The court may, for good cause, extend the filing period.
A caretaker who would have met the threshold criteria to be
designated as a prospective adoptive parent pursuant to paragraph
(1) on the date of service of the notice of proposed removal of the
child may file, together with the petition under this subparagraph,
a petition for an order designating the caretaker as a prospective
adoptive parent for purposes of this subdivision.

(B) A hearing ordered pursuant to this paragraph shall be held
as soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child’s best interest, and the
child may not be removed from the home of the designated
prospective adoptive parent unless the court finds that removal is
in the child’s best interest. If the court determines that the caretaker
did not meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.

(C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1)
or subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department, county
adoption agency, or licensed adoption agency, unless the caretaker
has been declared a de facto parent by the court prior to the notice
of removal served pursuant to paragraph (3).

(D) If a petition objecting to the proposal to remove the child
is not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.

(4) Notwithstanding paragraph (3), if the State Department of
Social Services, county adoption agency, or licensed adoption
agency determines that the child must be removed from the home
of the caretaker who is or may be a designated prospective adoptive
parent immediately, due to a risk of physical or emotional harm,
the agency may remove the child from that home and is not
required to provide notice prior to the removal. However, as soon
as possible and not longer than two court days after the removal,
the agency shall notify the court, the caretaker who is or may be
a designated prospective adoptive parent, the child’s attorney, and
the child, if the child is 10 years of age or older, of the removal.
Within five court days or seven calendar days, whichever is longer,
of the date of notification of the removal, the child, the child’s
attorney, or the caretaker who is or may be a designated prospective
adoptive parent may petition for, or the court on its own motion
may set, a noticed hearing pursuant to paragraph (3). The court
may, for good cause, extend the filing period.

(5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this subdivision
shall not be appealable.

(6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding
to alleged abuse or neglect of a child pursuant to Section 11165.5
of the Penal Code.

(7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.

begin delete SEC. 12. end delete

begin insert SEC. 37. end insert   

Section 727 of the Welfare and Institutions Code is
amended to read:

727.  

(a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor or nonminor, including medical treatment, subject to further
order of the court.

(2) In the discretion of the court, a ward may be ordered to be
on probation without supervision of the probation officer. The
court, in so ordering, may impose on the ward any and all
reasonable conditions of behavior as may be appropriate under
this disposition. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any of the
offenses described in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, Section 459 of the Penal Code, or
subdivision (a) of Section 11350 of the Health and Safety Code,
shall not be eligible for probation without supervision of the
probation officer. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any offense
involving the sale or possession for sale of a controlled substance,
except misdemeanor offenses involving marijuana, as specified in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, or of an offense in violation of Section
32625 of the Penal Code, shall be eligible for probation without
supervision of the probation officer only when the court determines
that the interests of justice would best be served and states reasons
on the record for that determination.

(3) In all other cases, the court shall order the care, custody, and
control of the minor or nonminor to be under the supervision of
the probation officer.

(4) It is the sole responsibility pursuant to 42 U.S.C. Section
672(a)(2)(B) of the probation agency to determine the appropriate
placement for the ward once the court issues a placement order.
In determination of the appropriate placement for the ward, the
probation officer shall consider any recommendations of the child
and family. The probation agency may place the minor or nonminor
in any of the following:

(A) The approved home of a relative or the approved home of
a nonrelative, extended family member, as defined in Section
362.7. If a decision has been made to place the minor in the home
of a relative, the court may authorize the relative to give legal
consent for the minor’s medical, surgical, and dental care and
education as if the relative caregiver were the custodial parent of
the minor.

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

(C) A suitable licensed community care facility, as identified
by the probation officer, except a runaway and homeless youth
shelter licensed by the State Department of Social Services
pursuant to Section 1502.35 of the Health and Safety Code.

(D) A foster family agency, as defined in subdivision (g) of
Section 11400 and paragraph (4) of subdivision (a) of Section 1502
of the Health and Safety Code, in a suitable begin delete program in a family
home, which has been certified by the agency as meeting licensing
standards. Commencing January 1, 2017, the requirements of
Section 11462.01 shall be met. end delete begin insert certified family home or with a
resource family. end insert

(E) Commencing January 1, 2017, a minor or nonminor
dependent may be placed in a short-term residential treatment
center as defined in subdivision (ad) of Section 11400 and
paragraph (18) of subdivision (a) of Section 1502 of the Health
and Safety begin delete Code, or a foster family agency, as defined in paragraph
(4) of subdivision (a) of Section 1502 of the Health and Safety end delete
Code. The placing agency shall also comply with requirements set
forth in paragraph (9) of subdivision (e) of Section 361.2, which
includes, but is not limited to, authorization, limitation on length
of stay, extensions, and additional requirements related to minors.
For youth 13 years of age and older, the placement shall be
approved by the chief probation officer of the county probation
department, or his or her designee, only if the placement is longer
than 12 months.

(F) (i) Every minor adjudged a ward of the juvenile court shall
be entitled to participate in age-appropriate extracurricular,
enrichment, and social activities. A state or local regulation or
policy shall not prevent, or create barriers to, participation in those
activities. Each state and local entity shall ensure that private
agencies that provide foster care services to wards have policies
consistent with this section and that those agencies promote and
protect the ability of wards to participate in age-appropriate
extracurricular, enrichment, and social activities. A group home
administrator, a facility manager, or his or her responsible designee,
and a caregiver, as defined in paragraph (1) of subdivision (a) of
Section 362.04, shall use a reasonable and prudent parent standard,
as defined in paragraph (2) of subdivision (a) of Section 362.04,
in determining whether to give permission for a minor residing in
foster care to participate in extracurricular, enrichment, and social
activities. A group home administrator, a facility manager, or his
or her responsible designee, and a caregiver shall take reasonable
steps to determine the appropriateness of the activity taking into
consideration the minor’s age, maturity, and developmental level.

(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor
at the group home in applying and using the reasonable and prudent
parent standard.

(G) For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.

(5) The minor or nonminor shall be released from juvenile
detention upon an order being entered under paragraph (3), unless
the court determines that a delay in the release from detention is
reasonable pursuant to Section 737.

(b) (1) To facilitate coordination and cooperation among
agencies, the court may, at any time after a petition has been filed,
after giving notice and an opportunity to be heard, join in the
juvenile court proceedings any agency that the court determines
has failed to meet a legal obligation to provide services to a minor,
for whom a petition has been filed under Section 601 or 602, to a
nonminor, as described in Section 303, or to a nonminor dependent,
as defined in subdivision (v) of Section 11400. In any proceeding
in which an agency is joined, the court shall not impose duties
upon the agency beyond those mandated by law. The purpose of
joinder under this section is to ensure the delivery and coordination
of legally mandated services to the minor. The joinder shall not
be maintained for any other purpose. Nothing in this section shall
prohibit agencies that have received notice of the hearing on joinder
from meeting prior to the hearing to coordinate services.

(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency
that has been joined as a party, that the minor, nonminor, or
nonminor dependent is eligible for those services. With respect to
mental health assessment, treatment, and case management services
pursuant to an individualized education program developed
pursuant to Article 2 (commencing with Section 56320) of Chapter
4 of Part 30 of Division 4 of Title 2 of the Education Code, the
court’s determination shall be limited to whether the agency has
complied with that chapter.

(3) For the purposes of this subdivision, “agency” means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.

(c) If a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602,
and the court finds that notice has been given in accordance with
Section 661, and if the court orders that a parent or guardian shall
retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may
be required to participate with that minor in a counseling or
education program, including, but not limited to, parent education
and parenting programs operated by community colleges, school
districts, or other appropriate agencies designated by the court.

(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c), including orders
to appear before a county financial evaluation officer, to ensure
the minor’s regular school attendance, and to make reasonable
efforts to obtain appropriate educational services necessary to meet
the needs of the minor.

If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 727.4 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

727.4.  

(a) (1) Notice of any hearing pursuant to Section 727,
727.2, or 727.3 shall be mailed by the probation officer to the
minor, the minor’s parent or guardian, any adult provider of care
to the minor including, but not limited to, foster parents, relative
caregivers, preadoptive parents, begin insert resource famil end insert begin insert y, end insert community care
facility, or foster family agency, and to the counsel of record if the
counsel of record was not present at the time that the hearing was
set by the court, by first-class mail addressed to the last known
address of the person to be notified, or shall be personally served
on those persons, not earlier than 30 days nor later than 15 days
preceding the date of the hearing. The notice shall contain a
statement regarding the nature of the status review or permanency
planning hearing and any change in the custody or status of the
minor being recommended by the probation department. The notice
shall also include a statement informing the foster parents, relative
caregivers, or preadoptive parents that he or she may attend all
hearings or may submit any information he or she deems relevant
to the court in writing. The foster parents, relative caregiver, and
preadoptive parents are entitled to notice and opportunity to be
heard but need not be made parties to the proceedings. Proof of
notice shall be filed with the court.

(2) If the court or probation officer knows or has reason to know
that the minor is or may be an Indian child, any notice sent under
this section shall comply with the requirements of Section 224.2.

(b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the
court orders that the care, custody and control of the minor to be
under the supervision of the probation officer for placement
pursuant to subdivision (a) of Section 727, the probation officer
shall file a social study report with the court, pursuant to the
requirements listed in Section 706.5.

(c) The probation department shall inform the minor, the minor’s
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days
prior to the hearing and may be obtained from the probation officer.

(d) As used in Article 15 (commencing with Section 625) to
Article 18 (commencing with Section 725), inclusive:

(1) “Foster care” means residential care provided in any of the
settings described in Section 11402.

(2) “At risk of entering foster care” means that conditions within
a minor’s family may necessitate his or her entry into foster care
unless those conditions are resolved.

(3) “Preadoptive parent” means a licensed foster parent who
has been approved for adoption by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency.

(4) “Date of entry into foster care” means the date that is 60
days after the date on which the minor was removed from his or
her home, unless one of the exceptions below applies:

(A) If the minor is detained pending foster care placement, and
remains detained for more than 60 days, then the date of entry into
foster care means the date the court adjudges the minor a ward and
orders the minor placed in foster care under the supervision of the
probation officer.

(B) If, before the minor is placed in foster care, the minor is
committed to a ranch, camp, school, or other institution pending
placement, and remains in that facility for more than 60 days, then
the “date of entry into foster care” is the date the minor is
physically placed in foster care.

(C) If at the time the wardship petition was filed, the minor was
a dependent of the juvenile court and in out-of-home placement,
then the “date of entry into foster care” is the earlier of the date
the juvenile court made a finding of abuse or neglect, or 60 days
after the date on which the child was removed from his or her
home.

(5) “Reasonable efforts” means:

(A) Efforts made to prevent or eliminate the need for removing
the minor from the minor’s home.

(B) Efforts to make it possible for the minor to return home,
including, but not limited to, case management, counseling,
parenting training, mentoring programs, vocational training,
educational services, substance abuse treatment, transportation,
and therapeutic day services.

(C) Efforts to complete whatever steps are necessary to finalize
a permanent plan for the minor.

(D) In child custody proceedings involving an Indian child,
“reasonable efforts” shall also include “active efforts” as defined
in Section 361.7.

(6) “Relative” means an adult who is related to the minor by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words “great,” “great-great,” “grand,” or the
spouse of any of these persons even if the marriage was terminated
by death or dissolution. “Relative” shall also include an “extended
family member” as defined in the Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).

(7) “Hearing” means a noticed proceeding with findings and
orders that are made on a case-by-case basis, heard by either of
the following:

(A) A judicial officer, in a courtroom, recorded by a court
reporter.

(B) An administrative panel, provided that the hearing is a status
review hearing and that the administrative panel meets the
following conditions:

(i) The administrative review shall be open to participation by
the minor and parents or legal guardians and all those persons
entitled to notice under subdivision (a).

(ii) The minor and his or her parents or legal guardians receive
proper notice as required in subdivision (a).

(iii) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services
to, the minor or the parents who are the subjects of the review.

(iv) The findings of the administrative review panel shall be
submitted to the juvenile court for the court’s approval and shall
become part of the official court record.

begin delete SEC. 13. end delete

begin insert SEC. 39. end insert   

Section 4094.2 of the Welfare and Institutions Code
is amended to read:

4094.2.  

(a) For the purpose of establishing payment rates for
community treatment facility programs, the private nonprofit
agencies selected to operate these programs shall prepare a budget
that covers the total costs of providing residential care and
supervision and mental health services for their proposed programs.
These costs shall include categories that are allowable under
California’s Foster Care program and existing programs for mental
health services. They shall not include educational, nonmental
health medical, and dental costs.

(b) Each agency operating a community treatment facility
program shall negotiate a final budget with the local mental health
department in the county in which its facility is located (the host
county) and other local agencies, as appropriate. This budget
agreement shall specify the types and level of care and services to
be provided by the community treatment facility program and a
payment rate that fully covers the costs included in the negotiated
budget. All counties that place children in a community treatment
facility program shall make payments using the budget agreement
negotiated by the community treatment facility provider and the
host county.

(c) A foster care rate shall be established for each community
treatment facility program by the State Department of Social
Services.

(1) These rates shall be established using the existing foster care
ratesetting system for group homes, or the rate for a short-term
residential treatment center as defined in subdivision (ad) of
Section 11400, with modifications designed as necessary. It is
anticipated that all community treatment facility programs will
offer the level of care and services required to receive the highest
foster care rate provided for under the current ratesetting system.

(2) Except as otherwise provided in paragraph (3), commencing
January 1, 2017, the program shall have accreditation from a
nationally recognized accrediting entity identified by the State
Department of Social Services pursuant to the process described
in paragraph (4) of subdivision (b) of Section 11462.

(3) With respect to a program that has been granted an extension
pursuant to the exception process described in subdivision (d) of
Section 11462.04, the requirement described in paragraph (2) shall
apply to that program commencing January 1, 2019.

(d) For the 2001-02 fiscal year, the 2002-03 fiscal year, the
2003-04 fiscal year, and the 2004-05 fiscal year, community
treatment facility programs shall also be paid a community
treatment facility supplemental rate of up to two thousand five
hundred dollars ($2,500) per child per month on behalf of children
eligible under the foster care program and children placed out of
home pursuant to an individualized education program developed
under Section 7572.5 of the Government Code. Subject to the
availability of funds, the supplemental rate shall be shared by the
state and the counties. Counties shall be responsible for paying a
county share of cost equal to 60 percent of the community
treatment rate for children placed by counties in community
treatment facilities and the state shall be responsible for 40 percent
of the community treatment facility supplemental rate. The
community treatment facility supplemental rate is intended to
supplement, and not to supplant, the payments for which children
placed in community treatment facilities are eligible to receive
under the foster care program and the existing programs for mental
health services.

(e) For initial ratesetting purposes for community treatment
facility funding, the cost of mental health services shall be
determined by deducting the foster care rate and the community
treatment facility supplemental rate from the total allowable cost
of the community treatment facility program. Payments to certified
providers for mental health services shall be based on eligible
services provided to children who are Medi-Cal beneficiaries, up
to the approved federal rate for these services.

(f) The State Department of Health Care Services shall provide
the community treatment facility supplemental rates to the counties
for advanced payment to the community treatment facility
providers in the same manner as the regular foster care payment
and within the same required payment time limits.

(g) In order to facilitate the study of the costs of community
treatment facilities, licensed community treatment facilities shall
provide all documents regarding facility operations, treatment, and
placements requested by the department.

(h) It is the intent of the Legislature that the State Department
of Health Care Services and the State Department of Social
Services work to maximize federal financial participation in
funding for children placed in community treatment facilities
through funds available pursuant to Titles IV-E and XIX of the
federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and
Sec. 1396 et seq.) and other appropriate federal programs.

(i) The State Department of Health Care Services and the State
Department of Social Services may adopt emergency regulations
necessary to implement joint protocols for the oversight of
community treatment facilities, to modify existing licensing
regulations governing reporting requirements and other procedural
and administrative mandates to take into account the seriousness
and frequency of behaviors that are likely to be exhibited by
seriously emotionally disturbed children placed in community
treatment facility programs, to modify the existing foster care
ratesetting regulations, and to pay the community treatment facility
supplemental rate. The adoption of these regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. The regulations shall become effective immediately upon
filing with the Secretary of State. The regulations shall not remain
in effect more than 180 days unless the adopting agency complies
with all the provisions of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
as required by subdivision (e) of Section 11346.1 of the
Government Code.

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 11400 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

11400.  

For purposes of this article, the following definitions
shall apply:

(a) “Aid to Families with Dependent Children-Foster Care
(AFDC-FC)” means the aid provided on behalf of needy children
in foster care under the terms of this division.

(b) “Case plan” means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet
the child’s needs. It shall also include the agency’s plan for
ensuring that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child’s family, and the foster parents, in
order to meet the child’s needs while in foster care, and to reunify
the child with the child’s family. In addition, the plan shall specify
the services that will be provided or steps that will be taken to
facilitate an alternate permanent plan if reunification is not possible.

(c) “Certified family home” means begin delete a family residence end delete begin insert an
individual or family end insert certified by a licensed foster family agency
and issued a certificate of approval by that agency as meeting
licensing standards, and used begin delete only end delete begin insert exclusively end insert by that foster family
agency for placements.

(d) “Family home” means the family residence of a licensee in
which 24-hour care and supervision are provided for children.

(e) “Small family home” means any residential facility, in the
licensee’s family residence, which provides 24-hour care for six
or fewer foster children who have mental disorders or
developmental or physical disabilities and who require special care
and supervision as a result of their disabilities.

(f) “Foster care” means the 24-hour out-of-home care provided
to children whose own families are unable or unwilling to care for
them, and who are in need of temporary or long-term substitute
parenting.

(g) “Foster family agency” means a licensed community care
facility, as defined in paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code. Private foster family agencies
shall be organized and operated on a nonprofit basis.

(h) “Group home” means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25
beds, that accepts children in need of care and supervision in a
group home, as defined by paragraph (13) of subdivision (a) of
Section 1502 of the Health and Safety Code.

(i) “Periodic review” means review of a child’s status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child’s return home
or establishment of alternative permanent placement.

(j) “Permanency planning hearing” means a hearing conducted
by the juvenile court in which the child’s future status, including
whether the child shall be returned home or another permanent
plan shall be developed, is determined.

(k) “Placement and care” refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken responsibility,
pursuant to a relinquishment or termination of parental rights on
a child, (3) taken the responsibility of supervising a child detained
by the juvenile court pursuant to Section 319 or 636, or (4) signed
a voluntary placement agreement for the child’s placement; or to
the responsibility designated to an individual by virtue of his or
her being appointed the child’s legal guardian.

(l) “Preplacement preventive services” means services that are
designed to help children remain with their families by preventing
or eliminating the need for removal.

(m) “Relative” means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words “great,” “great-great,” or “grand” or the
spouse of any of these persons even if the marriage was terminated
by death or dissolution.

(n) “Nonrelative extended family member” means an adult
caregiver who has an established familial or mentoring relationship
with the child, as described in Section 362.7.

(o) “Voluntary placement” means an out-of-home placement
of a child by (1) the county welfare department, probation
department, or Indian tribe that has entered into an agreement
pursuant to Section 10553.1, after the parents or guardians have
requested the assistance of the county welfare department and have
signed a voluntary placement agreement; or (2) the county welfare
department licensed public or private adoption agency, or the
department acting as an adoption agency, after the parents have
requested the assistance of either the county welfare department,
the licensed public or private adoption agency, or the department
acting as an adoption agency for the purpose of adoption planning,
and have signed a voluntary placement agreement.

(p) “Voluntary placement agreement” means a written agreement
between either the county welfare department, probation
department, or Indian tribe that has entered into an agreement
pursuant to Section 10553.1, licensed public or private adoption
agency, or the department acting as an adoption agency, and the
parents or guardians of a child that specifies, at a minimum, the
following:

(1) The legal status of the child.

(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.

(q) “Original placement date” means the most recent date on
which the court detained a child and ordered an agency to be
responsible for supervising the child or the date on which an agency
assumed responsibility for a child due to termination of parental
rights, relinquishment, or voluntary placement.

(r) (1) “Transitional housing placement provider” means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents,
as defined in subdivision (v). A transitional housing placement
provider shall be privately operated and organized on a nonprofit
basis.

(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.

(s) “Transitional Housing Program-Plus” means a provider
certified by the applicable county, in accordance with subdivision
(c) of Section 16522, to provide transitional housing services to
former foster youth who have exited the foster care system on or
after their 18th birthday.

(t) “Whole family foster home” means a new or existing family
home, approved relative caregiver or nonrelative extended family
member’s home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child,
and is specifically recruited and trained to assist the minor or
nonminor dependent parent in developing the skills necessary to
provide a safe, stable, and permanent home for his or her child.
The child of the minor or nonminor dependent parent need not be
the subject of a petition filed pursuant to Section 300 to qualify
for placement in a whole family foster home.

(u) “Mutual agreement” means any of the following:

(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on
and after January 1, 2012, a nonminor dependent, and the county
welfare services or probation department or tribal agency
responsible for the foster care placement, that documents the
nonminor’s continued willingness to remain in supervised
out-of-home placement under the placement and care of the
responsible county, tribe, consortium of tribes, or tribal
organization that has entered into an agreement with the state
pursuant to Section 10553.1, remain under the jurisdiction of the
juvenile court as a nonminor dependent, and report any change of
circumstances relevant to continued eligibility for foster care
payments, and that documents the nonminor’s and social worker’s
or probation officer’s agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional independent living case plan.

(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP
payments under Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), and the agency
responsible for the Kin-GAP benefits, provided that the nonminor
former dependent or ward satisfies the conditions described in
Section 11403.01, or one or more of the conditions described in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403. For purposes of this paragraph and paragraph (3),
“nonminor former dependent or ward” has the same meaning as
described in subdivision (aa).

(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC
payments under subdivision (e) or (f) of Section 11405 and the
agency responsible for the AFDC-FC benefits, provided that the
nonminor former dependent or ward described in subdivision (e)
of Section 11405 satisfies one or more of the conditions described
in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403, and the nonminor described in subdivision (f) of Section
11405 satisfies the secondary school or equivalent training or
certificate program conditions described in that subdivision.

(v) “Nonminor dependent” means, on and after January 1, 2012,
a foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is
a current dependent child or ward of the juvenile court, or who is
a nonminor under the transition jurisdiction of the juvenile court,
as described in Section 450, and who satisfies all of the following
criteria:

(1) He or she has attained 18 years of age while under an order
of foster care placement by the juvenile court, and is not more than
19 years of age on or after January 1, 2012, not more than 20 years
of age on or after January 1, 2013, or not more than 21 years of
age on or after January 1, 2014, and as described in Section
10103.5.

(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal organization
that entered into an agreement pursuant to Section 10553.1.

(3) He or she has a transitional independent living case plan
pursuant to Section 475(8) of the federal Social Security Act (42
U.S.C. Sec. 675(8)), as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403.

(w) “Supervised independent living placement” means, on and
after January 1, 2012, an independent supervised setting, as
specified in a nonminor dependent’s transitional independent living
case plan, in which the youth is living independently, pursuant to
Section 472(c)(2) of the federal Social Security Act (42 U.S.C.
Sec. 672(c)(2)).

(x) “Supervised independent living setting,” pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
672(c)(2)), includes both a supervised independent living
placement, as defined in subdivision (w), and a residential housing
unit certified by the transitional housing placement provider
operating a Transitional Housing Placement-Plus Foster Care
program, as described in paragraph (2) of subdivision (a) of Section
16522.1.

(y) “Transitional independent living case plan” means, on or
after January 1, 2012, a child’s case plan submitted for the last
review hearing held before he or she reaches 18 years of age or
the nonminor dependent’s case plan, updated every six months,
that describes the goals and objectives of how the nonminor will
make progress in the transition to living independently and assume
incremental responsibility for adult decisionmaking, the
collaborative efforts between the nonminor and the social worker,
probation officer, or Indian tribal placing entity and the supportive
services as described in the transitional independent living plan
(TILP) to ensure active and meaningful participation in one or
more of the eligibility criteria described in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, the nonminor’s
appropriate supervised placement setting, and the nonminor’s
permanent plan for transition to living independently, which
includes maintaining or obtaining permanent connections to caring
and committed adults, as set forth in paragraph (16) of subdivision
(f) of Section 16501.1.

(z) “Voluntary reentry agreement” means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor’s desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor’s desire,
willingness, and ability to immediately participate in one or more
of the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor’s agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor’s agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor’s agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant
to subdivision (e) of Section 388 within 15 judicial days of the
signing of the agreement and the placing agency’s efforts and
supportive services to assist the nonminor in the reentry process,
or (2) if the nonminor meets the definition of a nonminor former
dependent or ward, as described in subdivision (aa), the nonminor’s
agreement to return to the care and support of his or her former
juvenile court-appointed guardian and meet the eligibility criteria
for AFDC-FC pursuant to subdivision (e) of Section 11405.

(aa) “Nonminor former dependent or ward” means, on and after
January 1, 2012, either of the following:

(1) A nonminor who reached 18 years of age while subject to
an order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and
who is still under the general jurisdiction of the court.

(2) A nonminor who is over 18 years of age and, while a minor,
was a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26,
or subdivision (d), of Section 728 and the juvenile court
dependency or wardship was dismissed following the establishment
of the guardianship.

(ab) “Runaway and homeless youth shelter” means a type of
group home, as defined in paragraph (14) of subdivision (a) of
Section 1502 of the Health and Safety Code, that is not an eligible
placement option under Sections 319, 361.2, 450, and 727, and
that is not eligible for AFDC-FC funding pursuant to subdivision
(c) of Section 11402 or Section 11462.

(ac) “Transition dependent” is a minor between 17 years and
five months and 18 years of age who is subject to the court’s
transition jurisdiction under Section 450.

(ad) “Short-term residential treatment center” means a
nondetention, licensed community care facility, as defined in
paragraph (18) of subdivision (a) of Section 1502 of the Health
and Safety Code, that provides short-term, specialized, and
intensive treatment for the child or youth, when the child’s or
youth’s case plan specifies the need for, nature of, and anticipated
duration of this specialized treatment. begin insert Short-term residential
treatment centers shall be organized and operated on a nonprofit
basis. end insert

(ae) “Resource family” means an approved caregiver, as defined
in subdivision (c) of Section 16519.5.

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

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 11402 of the end insert begin insert Welfare and Institutions Code end insert begin insert ,
as added by Section 66 of Chapter 773 of the Statutes of 2015, is
amended to read: end insert

11402.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) Prior to January 1, begin delete 2019, the end delete begin insert 2020: end insert

begin insert (1) end insert begin insert   end insert begin insert The end insert approved home of a relative, provided the child or youth
is otherwise eligible for federal financial participation in the
AFDC-FC payment.

begin delete

(b) (1) Prior to January 1, 2019, the

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child
or youth who is otherwise eligible for AFDC-FC has been
dismissed due to the child or youth attaining 18 years of age.

begin delete

(2) Prior to January 1, 2019, the

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert approved home of a nonrelative extended family
member, as described in Section 362.7.

begin delete

(c) (1) Prior to January 1, 2019, the

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert licensed family home of a nonrelative.

begin delete

(2)

end delete

begin insert ( end insert begin insert b) end insert  The approved home of a resource family, as defined in
Section 16519.5.

begin insert

(c) A small family home, as defined in paragraph (6) of
subdivision (a) of Section 1502 of the Health and Safety Code.

end insert

(d) A begin delete (1) end delete begin delete   end delete housing model certified by a licensed transitional
housing placement provider, as described in Section 1559.110 of
the Health and Safety Code, and as defined in subdivision (r) of
Section 11400.

begin delete

(2)

end delete

begin insert ( end insert begin insert e) end insert  An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  A licensed foster family agency, as defined in subdivision
(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code, for placement into a certified
or approved begin delete home. end delete begin insert home used exclusively by the foster family
agency. end insert

begin delete

(f)

end delete

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

begin delete

(g)

end delete

begin insert ( end insert begin insert h) end insert  An out-of-state group home that meets the requirements of
paragraph (2) of subdivision (c) of Section 11460, provided that
the placement worker, in addition to complying with all other
statutory requirements for placing a child or youth in an out-of-state
group home, documents that the requirements of Section 7911.1
of the Family Code have been met.

begin delete

(h)

end delete

begin insert ( end insert begin insert i) end insert  A community treatment facility set forth in Article 5
(commencing with Section 4094) of Chapter 3 of Part 1 of Division
4.

begin insert

(j) This section shall apply to a group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04 or Section 11462.041.

end insert begin delete

(i)

end delete

begin insert ( end insert begin insert k) end insert  This section shall become operative on January 1, 2017.

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 11402.01 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is repealed. end insert

begin delete

11402.01.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) Prior to January 1, 2019, the approved home of a relative,
provided the child or youth is otherwise eligible for federal
financial participation, as defined in Section 11402.1, in the
AFDC-FC payment.

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

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

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

(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter
as defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary
to meet the treatment needs of the child or youth and that the
facility offers those treatment services.

(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child
or youth who is otherwise eligible for AFDC-FC has been
dismissed due to the child or youth attaining 18 years of age.

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

(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health
and Safety Code and as defined in subdivision (r) of Section 11400.

(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family
Code have been met.

(i) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

(j) This section shall only apply to a group home that has been
granted an extension pursuant to the exception process described
in subdivision (d) of Section 11462.04 or to a foster family agency
that has been granted an extension pursuant to the exception
process described in subdivision (d) of Section 11463.1.

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

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

end delete

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 11402.01 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 11402.01. end insert   

(a) In addition to the placements in Section 11402,
in order to be eligible for AFDC-FC, a child or nonminor
dependent may be placed in a group home with an extension
pursuant to the exception process described in subdivision (d) of
Section 11462.04 or a foster family agency that has been granted
an extension pursuant to the exception process described in
subdivision (d) of Section 11463.1.

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

end insert

begin delete SEC. 14. end delete

begin insert SEC. 44. end insert   

Section 11460 of the Welfare and Institutions Code
is amended to read:

11460.  

(a) Foster care providers shall be paid a per child per
month rate in return for the care and supervision of the AFDC-FC
child placed with them. The department is designated the single
organizational unit whose duty it shall be to administer a state
system for establishing rates in the AFDC-FC program. State
functions shall be performed by the department or by delegation
of the department to county welfare departments or Indian tribes,
consortia of tribes, or tribal organizations that have entered into
an agreement pursuant to Section 10553.1.

(b) “Care and supervision” includes food, clothing, shelter, daily
supervision, school supplies, a child’s personal incidentals, liability
insurance with respect to a child, reasonable travel to the child’s
home for visitation, and reasonable travel for the child to remain
in the school in which he or she is enrolled at the time of
placement. Reimbursement for the costs of educational travel, as
provided for in this subdivision, shall be made pursuant to
procedures determined by the department, in consultation with
representatives of county welfare and probation directors, and
additional stakeholders, as appropriate.

(1) For a child or youth placed in a short-term residential
treatment center or a group home, care and supervision shall also
include reasonable administration and operational activities
necessary to provide the items listed in this subdivision.

(2) For a child or youth placed in a short-term residential
treatment center or a group home, care and supervision may also
include reasonable activities performed by social workers employed
by the program provider that are not otherwise considered daily
supervision or administration activities, but are eligible for federal
financial participation under Title IV-E of the federal Social
Security Act.

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

(c) It is the intent of the Legislature to establish the maximum
level of financial participation in out-of-state foster care group
home program rates for placements in facilities described in
subdivision (g) of Section 11402.

(1) The department shall develop regulations that establish the
method for determining the level of financial participation in the
rate paid for out-of-state placements in facilities described in
subdivision (g) of Section 11402. The department shall consider
all of the following methods:

(A) Until December 31, 2016, a standardized system based on
the rate classification level of care and services per child per month.

(B) The rate developed for a short-term residential treatment
center pursuant to Section 11462.

(C) A system that considers the actual allowable and reasonable
costs of care and supervision incurred by the out-of-state program.

(D) A system that considers the rate established by the host
state.

(E) Any other appropriate methods as determined by the
department.

(2) Reimbursement for the Aid to Families with Dependent
Children-Foster Care rate to be paid to an out-of-state program
described in subdivision (g) of Section 11402 shall only be paid
to programs that have done all of the following:

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

(i) Commencing January 1, 2017, unless granted an extension
from the department pursuant to subdivision (d) of Section
11462.04, the equivalent of the mental health certification required
in Section 4096.5.

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

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

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

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

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

(C) Agreed to comply with information requests, and program
and fiscal audits as determined necessary by the department.

(3) Except as specifically provided for in statute, reimbursement
for an AFDC-FC rate shall only be paid to a group home or
short-term residential treatment center organized and operated on
a nonprofit basis.

(d) A foster care provider that accepts payments, following the
effective date of this section, based on a rate established under this
section, shall not receive rate increases or retroactive payments as
the result of litigation challenging rates established prior to the
effective date of this section. This shall apply regardless of whether
a provider is a party to the litigation or a member of a class covered
by the litigation.

(e) Nothing shall preclude a county from using a portion of its
county funds to increase rates paid to family homes, foster family
agencies, group homes, and short-term residential treatment centers
within that county, and to make payments for specialized care
increments, clothing allowances, or infant supplements to homes
within that county, solely at that county’s expense.

(f) Nothing shall preclude a county from providing a
supplemental rate to serve commercially sexually exploited foster
children to provide for the additional care and supervision needs
of these children. To the extent that federal financial participation
is available, it is the intent of the Legislature that the federal
funding shall be utilized.

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 11461 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

11461.  

(a) For children or, on and after January 1, 2012,
nonminor dependents placed in a licensed or approved family
home with a capacity of six or less, or in an approved home of a
relative or nonrelated legal guardian, or the approved home of a
nonrelative extended family member as described in Section 362.7,
or, on and after January 1, 2012, a supervised independent living
placement, as defined in subdivision (w) of Section 11400, the per
child per month basic rates in the following schedule shall be in
effect for the period July 1, 1989, through December 31, 1989:

 

Age	Basic rate
0-4	$  294
5-8	319
9-11	340
12-14	378
15-20	412

 

(b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in subdivision
(a), shall continue to receive state participation, as specified in
subdivision (c) of Section 15200, at these levels.

(2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.

(c) The amounts in the schedule of basic rates in subdivision
(a) shall be adjusted as follows:

(1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.

(2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:

(A) Increase the basic rate in effect December 31, 1989, for
which state participation is received by 12 percent.

(B) Increase the basic rate, as adjusted pursuant to subparagraph
(A), by an additional 5 percent.

(3) (A) Except as provided in subparagraph (B), effective July
1, 1990, for the 1990-91 fiscal year, the amounts in the schedule
of basic rates in subdivision (a) shall be increased by an additional
5 percent.

(B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).

(4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph
(2) of subdivision (b) applies, and shall apply to foster care for
every age group.

(5) Notwithstanding any other provision of law, any increase
that takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.

(6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelative
extended family member, as described in Section 362.7, a
supervised independent living placement, as defined in subdivision
(w) of Section 11400, or a nonrelated legal guardian receiving the
basic rate. The increased rate shall not be used to compute the
monthly amount that may be paid to licensed foster family agencies
for the placement of children in certified foster homes.

(d) (1) (A) Beginning with the 1991-92 fiscal year, the
schedule of basic rates in subdivision (a) shall be adjusted by the
percentage changes in the California Necessities Index, computed
pursuant to the methodology described in Section 11453, subject
to the availability of funds.

(B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.

(C) Effective January 1, 2008, the schedule of basic rates in
subdivision (a), as adjusted pursuant to subparagraph (B), shall be
increased by 5 percent, rounded to the nearest dollar. The increased
rate shall not be used to compute the monthly amount that may be
paid to licensed foster family agencies for the placement of children
in certified foster family homes, and shall not be used to recompute
the foster care maintenance payment that would have been paid
based on the age-related, state-approved foster family home care
rate and any applicable specialized care increment, for any adoption
assistance agreement entered into prior to October 1, 1992, or in
any subsequent reassessment for adoption assistance agreements
executed before January 1, 2008.

(2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set forth
in the schedule of basic rates in subdivision (a) shall receive an
increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county’s adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.

(B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year and the 2007-08 fiscal year shall receive
an increase in state participation for the basic rate of the entire
percentage adjustment described in paragraph (1).

(3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate shall
be further increased to the amount specified in the adjusted
schedule of basic rates.

(e) (1) As used in this section, “specialized care increment”
means an approved AFDC-FC amount paid on behalf of an
AFDC-FC child requiring specialized care to a home listed in
subdivision begin delete (a) end delete begin insert (g) end insert in addition to the basic rate. Notwithstanding
subdivision begin delete (a), end delete begin insert (g), end insert the specialized care increment shall not be
paid to a nonminor dependent placed in a supervised independent
living setting as defined in subdivision (w) of Section 11403. A
county may have a ratesetting system for specialized care to pay
for the additional care and supervision needed to address the
behavioral, emotional, and physical requirements of foster children.
A county may modify its specialized care rate system as needed,
to accommodate changing specialized placement needs of children.

(2) (A) The department shall have the authority to review the
county’s specialized care information, including the criteria and
methodology used for compliance with state and federal law, and
to require counties to make changes if necessary to conform to
state and federal law.

(B) The department shall make available to the public each
county’s specialized care information, including the criteria and
methodology used to determine the specialized care increments.

(3) Upon a request by a county for technical assistance,
specialized care information shall be provided by the department
within 90 days of the request to the department.

(4) (A) Except for subparagraph (B), beginning January 1,
1990, specialized care increments shall be adjusted in accordance
with the methodology for the schedule of basic rates described in
subdivisions (c) and (d).

(B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide
incentives and assistance to counties in the area of specialized
care. This appropriation shall be used, but not limited to,
encouraging counties to implement or expand specialized care
payment systems, to recruit and train foster parents for the
placement of children with specialized care needs, and to develop
county systems to encourage the placement of children in family
homes. It is the intent of the Legislature that in the use of these
funds, federal financial participation shall be claimed whenever
possible.

(C) (i) Notwithstanding subparagraph (A), the specialized care
increment shall not receive a cost-of-living adjustment in the
2011-12 or 2012-13 fiscal years.

(ii) Notwithstanding clause (i), a county may choose to apply
a cost-of-living adjustment to its specialized care increment during
the 2011-12 or 2012-13 fiscal years. To the extent that a county
chooses to apply a cost-of-living adjustment during that time, the
state shall not participate in the costs of that adjustment.

(iii) To the extent that federal financial participation is available
for a cost-of-living adjustment made by a county pursuant to clause
(ii), it is the intent of the Legislature that the federal funding shall
be utilized.

(5) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this subdivision shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(f) (1) As used in this section, “clothing allowance” means the
amount paid by a county, at the county’s option, in addition to the
basic rate for the provision of additional clothing for an AFDC-FC
child, including, but not limited to, an initial supply of clothing
and school or other uniforms. The frequency and level of funding
shall be based on the needs of the child, as determined by the
county.

(2) The state shall no longer participate in any clothing
allowance in addition to the basic rate, commencing with the
2011-12 fiscal year.

(g) (1) Notwithstanding subdivisions (a) to (d), inclusive, for
a child, or on and after January 1, 2012, a nonminor dependent,
placed in a licensed begin delete or approved family home with a capacity of
six or less, end delete begin insert foster family home or with a resource family, end insert or placed
in an approved home of a relative or the approved home of a
nonrelative extended family member as described in Section 362.7,
or placed on and after January 1, 2012, in a supervised independent
living placement, as defined in subdivision (w) of Section 11400,
the per child per month basic rate in the following schedule shall
be in effect for the period commencing July 1, 2011, or the date
specified in the final order, for which the time to appeal has passed,
issued by a court of competent jurisdiction in California State
Foster Parent Association v. William Lightbourne, et al. (U.S.
Dist. Ct. C 07-08056 WHA), whichever is earlier, through June
30, 2012:

 

Age	Basic rate
0-4	$  609
5-8	$  660
9-11	$  695
12-14	$  727
15-20	$  761

 

(2) Commencing July 1, 2011, the basic rate set forth in this
subdivision shall be annually adjusted on July 1 by the annual
percentage change in the California Necessities Index applicable
to the calendar year within which each July 1 occurs.

(3) Subdivisions (e) and (f) shall apply to payments made
pursuant to this subdivision.

begin insert

(4) (A) Commencing January 1, 2017, the basic rate for all
resource families shall be the same as the basic rate established
pursuant to Section 11463.

end insert begin insert

(B) The basic rate shall be annually adjusted on July 1 by the
annual percentage change in the California Necessities Index
applicable to the calendar year within which each July 1 occurs.

end insert begin delete

(4)

end delete

begin insert ( end insert begin insert h) end insert  Beginning in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this begin delete subdivision end delete begin insert section end insert shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

begin delete SEC. 15. end delete

begin insert SEC. 46. end insert   

Section 11462 of the Welfare and Institutions Code,
as added by Section 72 of Chapter 773 of the Statutes of 2015, is
amended to read:

11462.  

(a) The department shall commence development of
a new payment structure for short-term residential treatment center
program placements claiming Title IV-E funding, in consultation
with county placing agencies and providers.

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Staff training.

(5) Health and Safety Code requirements.

(6) Accreditation that includes:

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

(B) Promulgation by the department of information identifying
that agency or agencies from which accreditation shall be required.

(C) Provision for timely reporting to the department of any
change in accreditation status.

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

(8) Maximization of federal financial participation under Title
IV-E and Title XIX of the Social Security Act.

begin insert

(c) The department shall establish rates pursuant to subdivisions
(a) and (b) commencing January 1, 2017. The rate structure shall
include an interim rate, a provisional rate for new short-term
residential treatment centers, and a probationary rate. The
department may supplement the rate with a one-time
reimbursement for the cost of accreditation in an amount and
manner determined by the department in written directives.

end insert begin insert

(1) Interim rates developed pursuant to this section shall be
effective January 1, 2017. The interim rates shall be evaluated
and an ongoing payment structure shall be set no later than
January 1, 2020.

end insert begin insert

(2) Consistent with Section 11466.01, for provisional and
probationary rates, the following shall be established:

end insert begin insert

(A) Terms and conditions, including the duration of the rate.

end insert begin insert

(B) An administrative review process for rate determinations,
including denials, reductions, and terminations.

end insert begin insert

(C) An administrative review process that includes a
departmental review, corrective action, and an appeal with the
department. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), this process shall be disseminated by written directive
pending the promulgation of regulations.

end insert begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal,
and health and safety audits and reviews. The state agencies shall
attempt to minimize duplicative audits and reviews to reduce the
administrative burden on providers.

begin delete

(d)

end delete

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

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert Section 11462.04 of the end insert begin insert Welfare and Institutions
Code end insert begin insert , as added by Section 82 of Chapter 773 of the Statutes of
2015, is amended to read: end insert

11462.04.  

(a) Notwithstanding any other law, commencing
January 1, 2017, no new group home rate or change to an existing
rate shall be established pursuant to the Rate Classification Level
(RCL) system.

(b) Notwithstanding subdivision (a), the department may grant
an exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county
placing agency, including a county welfare or probation director,
that absent the granting of that exception, there is a material risk
to the welfare of children due to an inadequate supply of
appropriate alternative placement options to meet the needs of
children.

(c) For group homes being paid under the RCL system, and
those granted an exception pursuant to paragraph (b), group home
rates shall terminate on December 31, 2016, unless granted an
extension under the exception process in subdivision (d).

(d) A group home may request an exception to extend its rate
as follows:

(1) The department may grant an extension for up to two years,
through December 31, 2018, except as provided in paragraph (2),
on a case-by-case basis, when a written request and supporting
documentation are provided by a county placing agency, including
a county welfare or probation director, that absent the granting of
that exception, there is a material risk to the welfare of children
due to an inadequate supply of appropriate alternative placement
options to meet the needs of children. The exception may include
time to meet the program accreditation requirement or the mental
health certification requirement.

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

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

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

begin insert

(5) If the exception request granted pursuant to this subdivision
is not made by the host county, the placing county shall notify and
provide a copy to the host county.

end insert begin insert

(e) (1) The extended rate granted pursuant to either paragraph
(1) or (2) of subdivision (d) shall be provisional and subject to
terms and conditions set by the department during the provisional
period.

end insert begin insert

(2) Consistent with Section 11466.01, for provisional rates, the
following shall be established:

end insert begin insert

(A) Terms and conditions, including the duration of the
provisional rate.

end insert begin insert

(B) An administrative review process for provisional rate
determinations, including denials, reductions, and terminations.

end insert begin insert

(C) An administrative review process that includes a
departmental review, corrective action, and an appeal with the
department. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), this process shall be disseminated by written directive
pending the promulgation of regulations.

end insert begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  Upon termination of an existing group home rate under the
RCL system, a new rate shall not be paid until an application is
approved and a rate is granted by the department pursuant to
Section 11462 as a short-term residential treatment center begin delete or end delete begin insert or,
effective January 1, 2017, the rate set end insert pursuant to Section 11463
as a foster family agency.

begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  The department shall, in the development of the new rate
structures, consider and provide for placement of all children who
are displaced as a result of reclassification of treatment facilities.

begin delete

(g)

end delete

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

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 11462.06 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

11462.06.  

(a) For purposes of the administration of this article,
including the setting of group home rates, the department shall
deem the reasonable costs of leases for shelter care for foster
children to be allowable costs. Reimbursement of shelter costs
shall not exceed 12 percent of the fair market value of owned,
leased, or rented buildings, including any structures, improvements,
edifices, land, grounds, and other similar property that is owned,
leased, or rented by the group home and that is used for group
home programs and activities, exclusive of idle capacity and
capacity used for nongroup home programs and activities. Shelter
costs shall be considered reasonable in relation to the fair market
value limit as described in subdivision (b).

(b) For purposes of this section, fair market value of leased
property shall be determined by either of the following methods,
as chosen by the provider:

(1) The market value shown on the last tax bill for the cost
reporting period.

(2) The market value determined by an independent appraisal.
The appraisal shall be performed by a qualified, professional
appraiser who, at a minimum, meets standards for appraisers as
specified in Chapter 6.5 (commencing with Section 3500) of Title
10 of the California Code of Regulations. The appraisal shall not
be deemed independent if performed under a less-than-arms-length
agreement, or if performed by a person or persons employed by,
or under contract with, the group home for purposes other than
performing appraisals, or by a person having a material interest in
any group home which receives foster care payments. If the
department believes an appraisal does not meet these standards,
the department shall give its reasons in writing to the provider and
provide an opportunity for appeal.

(c) (1) The department may adopt emergency regulations in
order to implement this section, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

(2) The adoption of emergency regulations pursuant to this
section shall be deemed to be an emergency and considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.

(3) Emergency regulations adopted pursuant to this section shall
be exempt from the review and approval of the Office of
Administrative Law.

(4) The emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with
the Secretary of State and publication in the California Code of
Regulations.

(d) (1) Commencing July 1, 2003, any group home provider
with a self-dealing lease transaction for shelter costs, as defined
in Section 5233 of the Corporations Code, shall not be eligible for
an AFDC-FC rate.

(2) Notwithstanding paragraph (1), providers that received an
approval letter for a self-dealing lease transaction for shelter costs
during the 2002-03 fiscal year from the Charitable Trust Section
of the Department of Justice shall be eligible to continue to receive
an AFDC-FC rate until the date that the lease expires, or is
modified, extended, or terminated, whichever occurs first. These
providers shall be ineligible to receive an AFDC-FC rate after that
date if they have entered into any self-dealing lease transactions
for group home shelter costs.

begin insert

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

end insert

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 11462.06 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 11462.06. end insert   

(a) For purposes of the administration of this article,
including setting AFDC-FC provider rates, the department shall
deem the reasonable costs of leases for shelter care for foster
children to be allowable costs.

(b) Rental costs of real property, allowable as either shelter
care or as necessary administration of the foster care maintenance
payment, are allowable to the extent that the rates are reasonable
in light of such factors as rental costs of comparable property, if
any; market conditions in the area; alternatives available; and
the type, life expectancy, condition, and value of the leased
property, including any structures, improvements, edifices, land,
grounds, and other similar property that is used for the facility’s
residential foster care programs and activities, exclusive of idle
capacity and capacity used for nonresidential foster care programs
and activities.

(1) Rental costs shall be considered reasonable in relation to
the fair market rental value limit, as described in Section 200.465
of Title 2 of the Code of Federal Regulations.

(2) Rental arrangements should be reviewed periodically to
determine if circumstances have changed and other options are
available.

(c) The appraisal shall be performed by an independent,
qualified, professional appraiser who, at a minimum, meets
standards for appraisers as specified in Chapter 6.5 (commencing
with Section 3500) of Title 10 of the California Code of
Regulations. The appraisal shall not be deemed independent if
performed under a less-than-arms-length agreement, if performed
by a person or persons employed by, or under contract with, the
program subject to the appraisal for purposes other than
performing appraisals, or if performed by a person having a
material interest in any program that receives foster care payments.
If the department believes an appraisal does not meet these
standards, the department shall give its reasons in writing to the
program and provide an opportunity for appeal.

(d) (1) Any provider with a self-dealing transaction, as defined
in Section 5233 of the Corporations Code, for a lease for shelter
costs shall be ineligible for an AFDC-FC rate.

(2) Lease transactions are subject to restrictions set forth in
Section 200.465(c) of Title 2 of the Code of Federal Regulations.

(e) This section shall become operative on January 1, 2019.

end insert

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 11463 of the end insert begin insert Welfare and Institutions Code end insert begin insert ,
as added by Section 85 of Chapter 773 of the Statutes of 2015, is
amended to read: end insert

11463.  

(a) The department shall commence development of
a new payment structure for the Title IV-E funded foster family
agency placement option that maximizes federal funding, in
consultation with county placing agencies.

(b) The department shall develop a payment system for foster
family agencies that provide treatment, intensive treatment, and
therapeutic foster care programs, and shall consider all of the
following factors:

(1) Administrative activities that are eligible for federal financial
participation provided, at county request, for and to county-licensed
or approved family homes and resource families, intensive case
management and supervision, and services to achieve legal
permanency or successful transition to adulthood.

(2) Social work activities that are eligible for federal financial
participation under Title IV-E of the Social Security Act.

(3) Social work and mental health services eligible for federal
financial participation under Title XIX of the Social Security Act.

(4) Intensive treatment or therapeutic services in the foster
family agency.

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

(A) Specialty mental health services for children who meet
medical necessity criteria for specialty mental health services under
the Medi-Cal Early and Periodic Screening, Diagnosis, and
Treatment program, as the criteria are described in Section
1830.210 of Title 9, of the California Code of Regulations.

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

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

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

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

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

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

(6) Staff training.

(7) Health and Safety Code requirements.

(8) A process for accreditation that includes all of the following:

(A) Provision for all licensed foster family agencies to maintain
in good standing accreditation from a nationally recognized
accreditation agency with expertise in programs for youth group
care facilities, as determined by the department.

(B) Promulgation by the department of information identifying
the agency or agencies from which accreditation shall be required.

(C) Provision for timely reporting to the department of any
change in accreditation status.

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

(10) Populations served, including, but not limited to, any of
the following:

(A) (i) Children and youth assessed as seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3,
including those placed out-of-home pursuant to an individualized
education program developed under Article 2 (commencing with
Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of
the Education Code.

(ii) Children assessed as meeting the medical necessity criteria
for specialty mental health services under the Medi-Cal Early and
Periodic Screening, Diagnosis, and Treatment program, as the
criteria are described in Section 1830.210 of Title 9 of the
California Code of Regulations.

(B) AFDC-FC children and youth receiving intensive and
therapeutic treatment services in a foster family agency.

(C) AFDC-FC children and youth receiving mental health
treatment services from a foster family agency.

(11) Maximization of federal financial participation for Title
IV-E and Title XIX of the Social Security Act.

begin insert

(c) The department shall establish rates pursuant to subdivisions
(a) and (b) commencing January 1, 2017. The rate structure shall
include an interim rate, a provisional rate for new foster family
agency programs, and a probationary rate. The department may
supplement the rate with a one-time reimbursement for the cost of
accreditation in an amount and manner determined by the
department in written directives.

end insert begin insert

(1) Interim rates developed pursuant to this section shall be
effective January 1, 2017. The interim rates shall be evaluated
and an ongoing payment structure shall be set no later than
January 1, 2020.

end insert begin insert

(2) Consistent with Section 11466.01, for provisional and
probationary rates, the following shall be established:

end insert begin insert

(A) Terms and conditions, including the duration of the rate.

end insert begin insert

(B) An administrative review process for the rate determinations,
including denials, reductions, and terminations.

end insert begin insert

(C) An administrative review process that includes a
departmental review, corrective action, and an appeal with the
department. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), this process shall be disseminated by written directive
pending the promulgation of regulations.

end insert begin insert

(3) When establishing the foster family agency rate pursuant to
this section, the department shall make the basic rate paid to
resource families approved by a foster family agency the same as
the basic rate established pursuant to subdivision (g) of Section
11461.

end insert begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal,
and health and safety reviews. The state agencies shall attempt to
minimize duplicative audits and reviews to reduce the
administrative burden on providers.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  The department shall consider the impact on children and
youth being transitioned to alternate programs as a result of the
new ratesetting system.

begin delete

(e)

end delete

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

begin delete SEC. 16. end delete

begin insert SEC. 51. end insert   

Section 11463.01 of the Welfare and Institutions
Code is amended to read:

11463.01.  

(a) (1) The department, with the advice, assistance,
and cooperation of the counties and foster care providers, shall
develop, implement, and maintain a ratesetting system for foster
family agencies.

(2) No county shall be reimbursed for any percentage increases
in payments, made on behalf of AFDC-FC funded children who
are placed with foster family agencies, that exceed the percentage
cost-of-living increase provided in any fiscal year, as specified in
subdivision begin delete (c) end delete begin insert (g) end insert of Section 11461.

(b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care.

(c) The department shall develop and maintain regulations
specifying the procedures for the appeal of department decisions
about the setting of an agency’s rate.

(d) No supplemental clothing allowance shall be provided,
because the rate issued in accordance with paragraph (1) of
subdivision (g) takes the cost of clothing into account.

(e) The schedule of rates for foster family agencies as set forth
in Section 11463, as that section read on January 1, 2015, shall
apply for purposes of, and may be modified pursuant to, this
section.

(f) (1) The department shall determine, consistent with the
requirements of this section and other relevant requirements under
law, the rate category for each foster family agency on a biennial
basis. Submission of the biennial rate application shall be according
to a schedule determined by the department.

(2) The department shall adopt regulations to implement this
subdivision. The adoption, amendment, repeal, or readoption of a
regulation authorized by this subdivision is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby
exempted from the requirement to describe specific facts showing
the need for immediate action.

(g) (1) The basic rate payment that shall be made to the certified
parent pursuant to this section for care and supervision of a child
who is living in a certified home of a foster family agency, as
defined in Section 11400, shall equal the basic rate for children
placed in a licensed or approved home, as specified in paragraph
(1) of subdivision (g) of Section 11461.

(2) The basic rate payment to the certified parent made pursuant
to paragraph (1) shall be adjusted annually on July 1, by the annual
percentage change in the California Necessities Index, in
accordance with paragraph (2) of subdivision (g) of Section 11461.
The adjustment in this paragraph shall be in lieu of any adjustment
pursuant to subdivision (e) of Section 11463, as that section read
on January 1, 2015.

(h) Notwithstanding any other law, the changes to the basic rate
payment specified in subdivision (g) shall not change the remaining
components of the foster family agency rate. The new foster family
agency rate shall be increased only by the amounts specified
pursuant to subdivision (g). The resulting amounts shall constitute
the new schedule of rates for foster family agencies, which shall
be issued by all-county letters or similar instructions from the
department.

(i) For each fiscal year, funding and expenditures for programs
and activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(j) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the department may implement, interpret, or make specific
the changes to this section made by the act that added this section,
and amend and repeal regulations and orders subject to this section
and adopted by the department by means of all-county letters or
similar instructions from the department until regulations are
adopted. The department shall adopt emergency regulations no
later than July 1, 2016. The department may readopt any emergency
regulation authorized by this section that is the same as, or
substantially equivalent to, an emergency regulation previously
adopted under this section.

(2) The initial adoption of emergency regulations pursuant to
this section and one readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be exempt from review
by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and each
shall remain in effect for no more than 180 days, by which time
final regulations may be adopted.

(k) This section shall only apply to a foster family agency that
has been granted an extension pursuant to the exception process
described in subdivision (d) of Section 11463.1.

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

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

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 11463.1 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

11463.1.  

(a) Notwithstanding any other law, commencing
January 1, 2017, no new foster family agency shall be established
pursuant to the rate in effect through December 31, 2016.

(b) Notwithstanding subdivision (a), the department may grant
an exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county
placing agency, including a county welfare or probation director,
that absent the granting of that exception, there is a material risk
to the welfare of children due to an inadequate supply of
appropriate alternative placement options to meet the needs of
children or youth.

(c) Rates for foster family agencies paid under the prior rate
system, and those granted an exception pursuant to subdivision
(b), shall terminate on December 31, 2016, unless granted an
extension under the exception process in subdivision (d).

(d) A foster family agency begin insert that is otherwise licensed to operate
as a foster family agency end insert may request an exception to extend its
rate as follows:

(1) The department may grant an extension for up to two years,
through December 31, 2018, on a case-by-case basis, when a
written request and supporting documentation are provided by a
county placing agency, including a county welfare or probation
director, that absent the granting of that exception, there is a
material risk to the welfare of children or youth due to an
inadequate supply of appropriate alternative placement options to
meet the needs of children. The exception may include time to
meet the accreditation requirement or the mental health certification
requirement.

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

(e) Upon termination of an existing foster family agency rate
under the prior rate system, a new rate shall not be paid until an
application is approved and a rate is granted by the department
pursuant to Section 11463 as a foster family agency or Section
11462 as a short-term residential treatment center.

(f) The department shall, in the development of the new rate
structures, consider and provide for placement of all children who
are displaced as a result of reclassification of treatment facilities.

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

begin delete SEC. 17. end delete

begin insert SEC. 53. end insert   

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

11466.  

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

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Section 11466.01 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 11466.01. end insert   

end insert begin insert

(a) Commencing January 1, 2017, a provisional
rate shall be set for all of the following:

end insert begin insert

(1) A provider that is granted an extension pursuant to
paragraph (1) of subdivision (d) of Section 11462.04.

end insert begin insert

(2) A provider that is granted an extension pursuant to
paragraph (2) of subdivision (d) of Section 11462.04.

end insert begin insert

(3) A provider that is granted an extension pursuant to Section
11463.1.

end insert begin insert

(4) A new short-term residential treatment center provider.

end insert begin insert

(5) A new foster family agency provider.

end insert begin insert

(b) The provisional rate shall be subject to terms and conditions,
including the duration of the provisional period, set by the
department.

end insert begin insert

(1) For a provider described in paragraph (1) or (3) of
subdivision (a), a provisional rate may be granted for a period
that is not extended beyond December 31, 2018.

end insert begin insert

(2) For a provider described in paragraph (2) of subdivision
(a), a provisional rate may be granted and may be reviewed on
an annual basis, pursuant to paragraph (2) of subdivision (d) of
Section 11462.04.

end insert begin insert

(3) For a provider described in paragraph (4) or (5) of
subdivision (a), a provisional rate may be granted for a period of
up to 24 months from the date the provider’s license was issued.

end insert begin insert

(c) In determining whether to grant, and upon what conditions
to grant, a provisional rate, the department shall consider factors
including the following:

end insert begin insert

(1) Any prior extension granted pursuant to Section 11462.04
or 11463.1.

end insert begin insert

(2) Any licensing history for any license with which the program,
or its directors or officers, have been associated.

end insert begin insert

(3) Any financial, fiscal, or compliance audit history with which
the program, or its directors or officers, have been associated.

end insert begin insert

(4) Outstanding civil penalties or overpayments with which the
program, or its directors or officers, have been associated.

end insert begin insert

(d) In determining whether to continue, and upon what
conditions to continue, a provisional rate, the department shall
consider those factors specified in subdivision (c), as well as
compliance with the terms, conditions, and requirements during
the provisional period.

end insert begin insert

(e) In determining whether, at the end of the provisional rate
period or thereafter, to grant a standard rate and whether to
impose or continue, and upon what conditions to impose or
continue, a probationary rate the department shall consider the
factors specified in subdivision (c).

end insert begin insert

(f) The department shall establish an administrative review
process for determinations, including denial, reduction, probation,
and termination of the provisional and probationary rates. This
process shall include a departmental review, corrective action,
and an appeal with the department. Notwithstanding the
rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), this process shall
be disseminated by written directive pending the promulgation of
regulations.

end insert begin insert

(g) (1) (A) For the purposes of this section, a “provisional
rate” is a prospective rate given to a provider described in
subdivision (a) based on an assurance to perform in accordance
with terms and conditions attached to the granting of the
provisional rate.

end insert begin insert

(B) For the purposes of this section, a “standard rate” is the
rate granted at the conclusion of a provisional rate period upon
meeting the terms and conditions.

end insert begin insert

(C) For the purposes of this section, a “probationary rate” is
the imposition of limitations and conditions on a standard rate.

end insert begin insert

(2) (A) At the conclusion of a provisional rate, a probationary
rate may be imposed, at the discretion of the department, if
additional oversight is deemed necessary based on the provider’s
performance during the provisional rate period.

end insert begin insert

(B) At any time, a standard rate may become a probationary
rate if additional oversight is deemed necessary based on the
provider’s performance in accordance with terms and condition
attached to the granting or maintenance of its rate.

end insert

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert Section 11466.2 of the end insert begin insert Welfare and Institutions Code end insert begin insert ,
as added by Section 91 of Chapter 773 of the Statutes of 2015, is
amended to read: end insert

11466.2.  

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

begin insert

(2) Provider fiscal audits shall be conducted pursuant to Part
200 (commencing with Section 200.0) of Chapter II of Subtitle A
of Title 2 of the Code of Federal Regulations, including uniform
administrative requirements, cost principles, and audit
requirements, as authorized in Section 75.106 of Title 45 of the
Code of Federal Regulations.

end insert begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  A provider may request a hearing of the department’s audit
determination under this section no later than 30 days after the
date the department issues its audit determination. The
department’s audit determination shall be final if the provider does
not request a hearing within the prescribed time. Within 60 days
of receipt of the request for hearing, the department shall conduct
a hearing on the audit determination. The standard of proof shall
be the preponderance of the evidence and the burden of proof shall
be on the department. The hearing officer shall issue the proposed
decision within 45 days of the close of the evidentiary record. The
director shall adopt, reject, or modify the proposed decision, or
refer the matter back to the hearing officer for additional evidence
or findings within 100 days of issuance of the proposed decision.
If the director takes no action on the proposed decision within the
prescribed time, the proposed decision shall take effect by operation
of law.

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

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

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

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

begin delete SEC. 18. end delete

begin insert SEC. 56. end insert   

Section 11466.21 of the Welfare and Institutions
Code is amended to read:

11466.21.  

(a) In accordance with subdivision (b), as a
condition to receive an AFDC-FC rate for a program including,
but not limited to, a group home, a foster family agency, a
short-term residential treatment center, and other similar business
entities providing foster care, the following shall apply:

(1) Any provider who expends in combined federal funds an
amount at or above the federal funding threshold in accordance
with the federal Single Audit Act, as amended, and Section 200.501
of Title 2 of the Code of Federal Regulations shall arrange to have
a financial audit conducted on an annual basis, and shall submit
the financial audit to the department in accordance with regulations
adopted by the department, all-county letter, or similar written
instructions.

(2) Any provider who expends in combined federal funds an
amount below the federal funding threshold shall annually submit
a financial audit to the department pursuant to Generally Accepted
Government Auditing Standards (GAGAS), and shall submit the
financial audit to the department in accordance with regulations
adopted by the department, all-county letter, or similar written
instructions.

(3) The scope of the financial audit shall include all of the
programs and activities operated by the provider and shall not be
limited to those funded in whole or in part by the AFDC-FC
program. The financial audits shall include, but not be limited to,
an evaluation of the expenditures and accounting and control
systems of the provider.

(4) The provider shall have its financial audit conducted by
certified public accountants or by state-licensed public accountants,
with audit designation, who have no direct or indirect relationship
with the functions or activities being audited, or with the provider,
its board of directors, or other governing body, officers, or staff.

(5) The provider shall have its financial audits conducted in
accordance with Government Auditing Standards issued by the
Comptroller General of the United States and in compliance with
generally accepted accounting principles applicable to private
entities organized and operated on a nonprofit basis.

(6) (A) Each provider shall have the flexibility to define the
calendar months included in its fiscal year.

(B) A provider may change the definition of its fiscal year.
However, the financial audit conducted following the change shall
cover all of the months since the last audit, even though this may
cover a period that exceeds 12 months.

(b) (1) In accordance with subdivision (a), as a condition to
receive an AFDC-FC rate, a provider shall submit a copy of its
most recent financial audit report, except as provided in paragraph
(3).

(2) The department shall terminate the rate of a provider who
fails to submit a copy of its most recent financial audit pursuant
to subdivision (a). A terminated rate shall only be reinstated upon
the provider’s submission to the department of an acceptable
financial audit.

(3) A new provider that has been incorporated for fewer than
12 calendar months shall not be required to submit a copy of a
financial audit to receive an AFDC-FC rate for a new program.
The financial audit shall be conducted on the provider’s next full
fiscal year of operation. The provider shall submit the financial
audit to the department in accordance with subdivision (a).

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

(d) 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 in
accordance with regulations adopted by the department, all-county
letter, or similar written instructions. This subdivision shall not be
construed to affect the department’s authority under other
provisions of law, including, but not limited to, Part 200 of Title
2 of the Code of Federal Regulations.

begin delete SEC. 19. end delete

begin insert SEC. 57. end insert   

Section 11466.22 of the Welfare and Institutions
Code is amended to read:

11466.22.  

(a) It is the intent of the Legislature to ensure overall
program integrity in the AFDC-FC program through the
establishment of an effective and efficient process for the collection
of provider sustained overpayments. Furthermore, the intent of the
Legislature is to ensure that children placed in AFDC-FC programs,
including, but not limited to, group homes, short-term residential
treatment centers, and foster family agencies, receive the level of
care and supervision commensurate with the program’s paid rate.

(b) For the purposes of this section, a provider is a licensee of
an AFDC-FC program listed in Section 11402, including, but not
limited to, a group home, short-term residential treatment center,
foster family agency that provides treatment services, or a similar
business entity, receiving foster care maintenance payments under
the AFDC-FC program. The department may collect a sustained
overpayment from the party responsible for the sustained
overpayment, regardless of whether the party remains in the
business of providing any AFDC-FC programs, and regardless of
whether the provider remains licensed by the department.

(c) For the purposes of this section, a provider overpayment is
an overpayment that results in an audit period when a provider
receives a rate reimbursement to which it is not entitled. If a
provider receives a rate reimbursement to which it is not entitled,
including, but not limited to, the provider failing to maintain a
license, or failing to maintain its status as a nonprofit organization,
or due to an overpayment determined as described in paragraph
(1) of subdivision (d), it shall be liable to repay the overpayment.

(d) (1) Overpayments shall be determined by either a provider
audit pursuant to Section 11466.21, a department audit conducted
pursuant to Section 11466.2, a management decision letter, or a
provider self-reporting an overpayment. A self-reported
overpayment may include a finding in the financial audit report
submitted by the provider whether that finding is formally made
in the financial audit report or discovered through department
review of the report or other provider submission.

(2) If a hearing is not requested, or on the 60th day after an
informal decision if a provider or the department does not file a
notice of intent to file a formal appeal, or on the 30th day following
a formal appeal hearing decision, whichever is latest, a provider
overpayment shall be sustained for collection purposes and the
department shall issue a demand letter for repayment of the
sustained overpayment.

(3) The department shall establish a voluntary repayment
agreement procedure with a maximum repayment period of nine
years. The procedure shall take into account the amount of the
overpayment, projected annual income of the program that caused
the overpayment, a minimum repayment amount, including
principal and interest, of 3 percent of annual income prorated on
a monthly basis, simple interest for the first seven years of the
voluntary repayment agreement on the overpayment amount based
on the Surplus Money Investment Fund, and simple interest for
the eighth and ninth years of the voluntary repayment agreement
based on the prime rate at that time plus 3 percent. The department
may consider renegotiation of a voluntary repayment agreement
if the department determines that the agreement would cause severe
harm to children in placement.

(4) The department shall establish an involuntary overpayment
collection procedure, that shall take into account the amount of
the overpayment, projected annual income, a minimum required
repayment amount, including principal and interest, of 5 percent
of the annual income prorated on a monthly basis, simple interest
on the overpayment amount based on the Surplus Money
Investment Fund, and a maximum repayment period of seven
years. The department may consider renegotiation of an involuntary
payment agreement if the department determines that the agreement
would cause severe harm to children in placement.

(e) The department shall maintain, by begin delete regulation , end delete begin insert regulation, end insert
all-county letter, or similar written directive, a procedure for
recovery of any provider sustained overpayments. The department
shall prioritize collection methods, which shall include voluntary
repayment agreement procedures, involuntary overpayment
collection procedures, including the use of a statutory lien, rate
request denials, rate decreases, and rate terminations. The
department may also deny rate requests, including requests for
rate increases, or program changes or expansions, while an
overpayment is due.

(f) Whenever the department determines that a provider
sustained overpayment has occurred, the department shall recover
from the provider the full amount of the sustained overpayment,
and simple interest on the sustained overpayment amount, pursuant
to methods described in subdivision (e), against the provider’s
income or assets.

(g) If a provider is successful in its appeal of a collected
overpayment, it shall be repaid the collected overpayment plus
simple interest based on the Surplus Money Investment Fund.

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Section 11466.24 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

11466.24.  

(a) In accordance with this section, a county shall
collect an overpayment, discovered on or after January 1, 1999,
made to a foster family home, an approved home of a relative,
including, on and after the date that the director executes a
declaration pursuant to Section 11217, the home of a Kin-GAP
guardian, an approved home of a nonrelative extended family
member, begin delete or end delete an approved home of a nonrelative legal guardian, begin delete or,
on and after January 1, 2012, end delete begin insert a resource family, as defined in
subdivision (c) of Section 16519.5, or end insert the supervised independent
living setting where a nonminor dependent resides, for any period
of time in which the foster child was not cared for in that home,
unless any of the following conditions exist, in which case a county
shall not collect the overpayment:

(1) The cost of the collection exceeds that amount of the
overpayment that is likely to be recovered by the county. The cost
of collecting the overpayment and the likelihood of collection shall
be documented by the county. Costs that the county shall consider
when determining the cost-effectiveness to collect are total
administrative, personnel, legal filing fee, and investigative costs,
and any other applicable costs.

(2) The child was temporarily removed from the home and
payment was owed to the provider to maintain the child’s
placement, or the child was temporarily absent from the provider’s
home, or on runaway status and subsequently returned, and
payment was made to the provider to meet the child’s needs.

(3) The overpayment was exclusively the result of a county
administrative error or both the county welfare department and
the provider or nonminor dependent were unaware of the
information that would establish that the foster child or nonminor
dependent was not eligible for foster care benefits.

(4) The provider or nonminor dependent did not have knowledge
of, and did not contribute to, the cause of the overpayment.

(b) (1) After notification by a county of an overpayment to a
foster family home, an approved home of a relative, including the
home of a Kin-GAP guardian, or a nonrelative extended family
member, approved home of a nonrelative legal guardian, begin insert a resource
family, end insert or the supervised independent living setting where the
nonminor dependent resides, and a demand letter for repayment,
the foster parent, approved relative, approved nonrelative legal
guardian, begin insert end insert begin insert resource family, end insert or nonminor dependent may request
the county welfare department to review the overpayment
determination in an informal hearing, or may file with the
department a request for a hearing to appeal the overpayment
determination. Requesting an informal hearing shall not preclude
a payee from seeking a formal hearing at a later date. The county
welfare department shall dismiss the overpayment repayment
request if it determines the action to be incorrect through an initial
review prior to a state hearing, or through a review in an informal
hearing held at the request of the foster parent, relative, nonrelative
legal guardian, or nonminor dependent.

(2) If an informal hearing does not result in the dismissal of the
overpayment, or a formal appeal hearing is not requested, or on
the 30th day following a formal appeal hearing decision, whichever
is later, the foster family provider overpayment shall be sustained
for collection purposes.

(3) The department shall adopt regulations that ensure that the
best interests of the child or nonminor dependent shall be the
primary concern of the county welfare director in any repayment
agreement.

(c) (1) The department shall develop regulations for recovery
of overpayments made to any foster family home, approved home
of a relative, including the home of a Kin-GAP guardian, approved
home of a nonrelative legal guardian, begin insert resource family, end insert or
supervised independent living setting where a nonminor dependent
resides. The regulations shall prioritize collection methods, that
shall include voluntary repayment agreement procedures and
involuntary overpayment collection procedures. These procedures
shall take into account the amount of the overpayment and a
minimum required payment amount.

(2) A county shall not collect an overpayment through the use
of an involuntary payment agreement unless a foster family home,
an approved home of a relative, including the home of a Kin-GAP
guardian, approved home of a nonrelative legal guardian, begin insert resource
family, end insert or supervised independent living setting where a nonminor
dependent resides has rejected the offer of a voluntary overpayment
agreement, or has failed to comply with the terms of the voluntary
overpayment agreement.

(3) A county shall not be permitted to collect an overpayment
through the offset of payments due to a foster family home, an
approved home of a relative, including the home of a Kin-GAP
guardian, approved home of a nonrelative legal begin delete guardian end delete begin insert guardian,
resource family, end insert or supervised independent living setting where a
nonminor dependent resides, unless this method of repayment is
requested by the provider or nonminor dependent in a voluntary
repayment agreement, or other circumstances defined by the
department by regulation.

(d) If a provider or nonminor dependent is successful in its
appeal of a collected overpayment, it shall be repaid the collected
overpayment plus simple interest based on the Surplus Money
Investment Fund.

(e) A county may not collect interest on the repayment of an
overpayment.

(f) There shall be a one-year statute of limitations from the date
upon which the county determined that there was an overpayment.

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 11466.25 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

11466.25.  

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

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 11466.31 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

11466.31.  

(a) When it has been determined that a provider
participating in the AFDC-FC program owes an overpayment that
is due and payable, the department may implement involuntary
offset collection procedures to collect sustained overpayments
from a provider if the provider does not enter into a voluntary
repayment agreement with the department or the provider has three
outstanding payments on a voluntary repayment agreement before
the overpayment is repaid.

(b) The minimum monthly overpayment offset amount from
monthly rate reimbursements shall be determined using the
involuntary collection procedures developed pursuant to paragraph
(4) of subdivision (d) of Section begin delete 11466.2. end delete begin insert 11466.22. end insert Overpayments
shall be offset against current monthly rate reimbursement
payments due and payable to a provider under this chapter.

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

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 11466.32 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

11466.32.  

(a) If a provider that owes a sustained overpayment
pursuant to paragraph (2) of subdivision (d) of Section begin delete 11466.2 end delete
begin insert 11466.22 end insert does not enter into a voluntary repayment agreement
with the department, or the provider has three outstanding payments
on a voluntary repayment agreement before the overpayment is
repaid, in addition to the monthly overpayment offset amount, 50
percent of any increases resulting from California Necessities
Index (CNI) adjustments and provider’s rate adjustments to the
standard rate that are due to a provider shall be withheld until the
sustained overpayment amount is collected. Once the overpayment
amount is collected, the provider shall begin to prospectively
receive the full amount of any California Necessities Index and
rate adjustment to which it is entitled.

(b) Any provider subject to involuntary repayment of a sustained
overpayment pursuant to Section 11466.31 shall be ineligible to
receive any rate increase or program change or expansion, until
the repayment is completed or until the host county or the primary
placement county provide the department with a request for waiver
of this paragraph.

begin delete SEC. 20. end delete

begin insert SEC. 62. end insert   

Section 11469 of the Welfare and Institutions Code
is amended to read:

11469.  

(a) The department shall develop, following
consultation with group home providers, the County Welfare
Directors Association of California, the Chief Probation Officers
of California, the County Behavioral Health Directors Association
of California, the State Department of Health Care Services, and
stakeholders, performance standards and outcome measures for
determining the effectiveness of the care and supervision, as
defined in subdivision (b) of Section 11460, provided by group
homes under the AFDC-FC program pursuant to Sections 11460
and 11462. These standards shall be designed to measure group
home program performance for the client group that the group
home program is designed to serve.

(1) The performance standards and outcome measures shall be
designed to measure the performance of group home programs in
areas over which the programs have some degree of influence, and
in other areas of measurable program performance that the
department can demonstrate are areas over which group home
programs have meaningful managerial or administrative influence.

(2) These standards and outcome measures shall include, but
are not limited to, the effectiveness of services provided by each
group home program, and the extent to which the services provided
by the group home assist in obtaining the child welfare case plan
objectives for the child.

(3) In addition, when the group home provider has identified
as part of its program for licensing, ratesetting, or county placement
purposes, or has included as a part of a child’s case plan by mutual
agreement between the group home and the placing agency,
specific mental health, education, medical, and other child-related
services, the performance standards and outcome measures may
also measure the effectiveness of those services.

(b) Regulations regarding the implementation of the group home
performance standards system required by this section shall be
adopted no later than one year prior to implementation. The
regulations shall specify both the performance standards system
and the manner by which the AFDC-FC rate of a group home
program shall be adjusted if performance standards are not met.

(c) Except as provided in subdivision (d), effective July 1, 1995,
group home performance standards shall be implemented. Any
group home program not meeting the performance standards shall
have its AFDC-FC rate, set pursuant to Section 11462, adjusted
according to the regulations required by this section.

(d) A group home program shall be classified at rate
classification level 13 or 14 only if it has been granted an extension
pursuant to begin insert subdivision (d) of end insert Section 11462.04 and all of the
following are met:

(1) The program generates the requisite number of points for
rate classification level 13 or 14.

(2) The program only accepts children with special treatment
needs as determined through the assessment process pursuant to
paragraph (2) of subdivision (a) of Section 11462.01.

(3) The program meets the performance standards designed
pursuant to this section.

(e) Notwithstanding subdivision (c), the group home program
performance standards system shall not be implemented prior to
the implementation of the AFDC-FC performance standards
system.

(f) On or before January 1, 2016, the department shall develop,
following consultation with the County Welfare Directors
Association of California, the Chief Probation Officers of
California, the County Behavioral Health Directors Association
of California, research entities, foster children, advocates for foster
children, foster care provider business entities organized and
operated on a nonprofit basis, Indian tribes, and other stakeholders,
additional performance standards and outcome measures that
require group homes to implement programs and services to
minimize law enforcement contacts and delinquency petition filings
arising from incidents of allegedly unlawful behavior by minors
occurring in group homes or under the supervision of group home
staff, including individualized behavior management programs,
emergency intervention plans, and conflict resolution processes.

(g) On or before January 1, 2017, the department shall develop,
following consultation with the County Welfare Directors
Association of California, the Chief Probation Officers of
California, the County Behavioral Health Directors Association
of California, the Medical Board of California, research entities,
foster children advocates for foster children, foster care provider
business entities organized and operated on a nonprofit basis,
Indian tribes, and other stakeholders, additional performance
standards and outcome measures that require group homes and
short-term residential treatment centers to implement alternative
programs and services, including individualized behavior
management programs, emergency intervention plans, and conflict
resolution processes.

(h) Performance standards and outcome measures developed
pursuant to this section shall apply to short-term residential
treatment centers.

begin insert

begin insert SEC. 63. end insert   

end insert

begin insert Section 16504.5 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

16504.5.  

(a) (1) Notwithstanding any other begin delete provision of end delete law,
pursuant to subdivision (b) of Section 11105 of the Penal Code, a
child welfare agency may secure from an appropriate governmental
criminal justice agency the state summary criminal history
information, as defined in subdivision (a) of Section 11105 of the
Penal Code, through the California Law Enforcement
Telecommunications System pursuant to subdivision (d) of Section
309, and subdivision (a) of Section 1522 of the Health and Safety
Code for the following purposes:

(A) To conduct an investigation pursuant to Section 11166.3 of
the Penal Code or an investigation involving a child in which the
child is alleged to come within the jurisdiction of the juvenile court
under Section 300.

(B) (i) To assess the appropriateness and safety of placing a
child who has been detained or is a dependent of the court, in the
home of a relative assessed pursuant to Section begin delete 309 or 361.4, end delete begin insert 309,
361.4, or 16519.5, end insert or in the home of a nonrelative extended family
member assessed as described in Section 362.7 begin insert or 16519.5 end insert during
an emergency situation.

(ii) When a relative or nonrelative family member who has been
assessed pursuant to clause (i) and approved as a caregiver moves
to a different county and continued placement of the child with
that person is intended, the move shall be considered an emergency
situation for purposes of this subparagraph.

(C) To attempt to locate a parent or guardian pursuant to Section
311 of a child who is the subject of dependency court proceedings.

(D) To obtain information about the background of a nonminor
who has petitioned to reenter foster care under subdivision (e) of
Section 388, in order to assess the appropriateness and safety of
placing the nonminor in a foster care or other placement setting
with minor dependent children.

(2) Any time that a child welfare agency initiates a criminal
background check through the California Law Enforcement
Telecommunications System for the purpose described in
subparagraph (B) of paragraph (1), the agency shall ensure that a
state-level fingerprint check is initiated within 10 calendar days
of the check, unless the whereabouts of the subject of the check
are unknown or the subject of the check refuses to submit to the
fingerprint check. The Department of Justice shall provide the
requesting agency a copy of all criminal history information
regarding an individual that it maintains pursuant to subdivision
(b) of Section 11105 of the Penal Code.

(b) Criminal justice personnel shall cooperate with requests for
criminal history information authorized pursuant to this section
and shall provide the information to the requesting entity in a
timely manner.

(c) Any law enforcement officer or person authorized by this
section to receive the information who obtains the information in
the record and knowingly provides the information to a person not
authorized by law to receive the information is guilty of a
misdemeanor as specified in Section 11142 of the Penal Code.

(d) Information obtained pursuant to this section shall not be
used for any purposes other than those described in subdivision
(a).

(e) Nothing in this section shall preclude a nonminor petitioning
to reenter foster care or a relative or other person living in a
relative’s home from refuting any of the information obtained by
law enforcement if the individual believes the state- or federal-level
criminal records check revealed erroneous information.

(f) (1) A state or county welfare agency may submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of parents or legal guardians
when determining their suitability for reunification with a
dependent child subject to the jurisdiction of the juvenile court,
for the purposes of obtaining information as to the existence and
content of a record of state or federal convictions and state or
federal arrests, as well as information as to the existence and
content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her own recognizance pending trial or appeal. Of the
information received by the Department of Justice pursuant to this
subdivision, only the parent’s or legal guardian’s criminal history
for the time period following the removal of the child from the
parent or legal guardian shall be considered.

(2) A county welfare agency or county probation office may
submit to the Department of Justice fingerprint images and related
information required by the Department of Justice of nonminors
petitioning to reenter foster care under Section 388, in order to
assess the appropriateness and safety of placing the nonminor in
a foster care or other placement setting with minor dependent
children.

(3) When received, the Department of Justice shall forward to
the Federal Bureau of Investigation requests for federal summary
criminal history information received pursuant to this subdivision.
The Department of Justice shall review the information returned
from the Federal Bureau of Investigation and respond to the state
or county welfare agency.

(4) The Department of Justice shall provide a response to the
state or county welfare agency pursuant to subdivision (p) of
Section 11105 of the Penal Code.

(5) The state or county welfare agency shall not request from
the Department of Justice subsequent arrest notification service,
as provided pursuant to Section 11105.2 of the Penal Code, for
individuals described in this subdivision.

(6) The Department of Justice shall charge a fee sufficient to
cover the costs of processing the request described in this
subdivision.

(7) This subdivision shall become operative on July 1, 2007.

(g) A fee, determined by the Federal Bureau of Investigation
and collected by the Department of Justice, shall be charged for
each federal-level criminal offender record information request
submitted pursuant to this section and Section 361.4.

begin delete SEC. 21. end delete

begin insert SEC. 64. end insert   

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

16514.  

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

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

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

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

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

begin insert

begin insert SEC. 65. end insert   

end insert

begin insert The heading of Article 2 (commencing with Section
16519.5) is added to Chapter 5 of Part 4 of Division 9 of the end insert begin insert
Welfare and Institutions Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 2. end insert   Resource Family Approval Program

 

end insert

begin delete SEC. 22. end delete

begin insert SEC. 66. end insert   

Section 16519.5 of the Welfare and Institutions Code
is amended to read:

16519.5.  

(a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall
implement a unified, family friendly, and child-centered resource
family approval process to replace the existing multiple processes
for licensing foster family homes, begin insert certifying foster homes by
licensed foster family agencies, end insert approving relatives and nonrelative
extended family members as foster care providers, and approving
guardians and adoptive families.

(b) (1) Counties shall be selected to participate on a voluntary
basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to
criteria developed by the department in consultation with the
County Welfare Directors Association. In selecting the five early
implementation counties, the department shall promote diversity
among the participating counties in terms of size and geographic
location.

(2) Additional counties may participate in the early
implementation of the program upon authorization by the
department.

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

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

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

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

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

(A) Submitting an implementation plan.

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

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

(D) Training appropriate staff.

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

(5) (A) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive
homes that have completed the license or approval process prior
to statewide implementation of the program shall not be considered
part of the program. The otherwise applicable assessment and
oversight processes shall continue to be administered for families
and facilities not included in the program.

(B) Upon implementation of the program in a county, that
county shall not accept new applications for the licensure of foster
family homes, the approval of relative and nonrelative extended
family members, or the approval of prospective guardians and
adoptive homes.

(6) The department may waive regulations that pose a barrier
to the early implementation and operation of this program. The
waiver of any regulations by the department pursuant to this section
shall apply to only those counties or foster family agencies
participating in the early implementation of the program and only
for the duration of the program.

(c) (1) For the purposes of this begin delete chapter, end delete begin insert article, end insert “resource
family” means an individual or family that has successfully met
both the home environment assessment standards and the
permanency assessment criteria adopted pursuant to subdivision
(d) necessary for providing care for a related or unrelated child
who is under the jurisdiction of the juvenile court, or otherwise in
the care of a county child welfare agency or probation department.
A resource family shall demonstrate all of the following:

(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including
the need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place,
or both.

(B) An understanding of children’s needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.

(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other
service providers in implementing the child’s case plan.

(D) The financial ability within the household to ensure the
stability and financial security of the family.

(E) An ability and willingness to provide a family setting that
promotes normal childhood experiences that serves the needs of
the child.

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

(3) There is no fundamental right to approval as a resource
family.

(4) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to
undergo any additional approval or licensure as long as the family
lives in a county participating in the program.

(5)  begin delete Resource family approval end delete begin insert For purposes of this article,
“resource family approval” end insert means that the applicant begin insert or resource
family end insert successfully meets the home environment assessment and
permanency assessment standards. This approval is in lieu of begin delete the
existing foster care license, end delete begin insert a foster family home license issued
pursuant to Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code, a certificate of approval issued
by a licensed foster family agency, as described in subdivision (c)
of Section 1506 of the Health and Safety Code, end insert relative or
nonrelative extended family member approval, guardianship
approval pursuant to Section 360, 366.26, or 728, and the adoption
home study approval.

(6) Approval of a resource family does not guarantee an initial,
continued, or adoptive placement of a child with a resource begin delete family. end delete

begin insert family or with a relative or nonrelative extended family member
pursuant to subdivision (e). Approval of a resource family does
not guarantee the establishment of a legal guardianship of a child
with a resource family. end insert

(7)  begin insert (A) end insert begin insert   end insert Notwithstanding paragraphs (1) to (6), inclusive, the
department or county begin delete may end delete begin insert shall end insert cease any further review of an
application if the applicant has had a previous application denial
within the preceding year, or if the applicant has had a previous
rescission, revocation, or exemption denial or exemption rescission
by the department or county within the preceding two years.

begin delete However, end delete

begin insert (B) end insert begin insert   end insert begin insert Notwithstanding subparagraph (A), end insert the department or county
may continue to review an application if it has determined that the
reasons for the previous denial, rescission, or revocation were due
to circumstances and conditions that either have been corrected or
are no longer in existence. If an individual was excluded from a
resource family home or facility licensed by the department, the
department or county shall cease review of the individual’s
application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code. The cessation
of review shall not constitute a denial of the application for
purposes of this section or any other law.

begin insert

(8) A resource family shall meet the approval standards set
forth in this section, comply with the written directives or
regulations adopted pursuant to this section, and comply with
other applicable laws in order to maintain approval.

end insert begin insert

(9) A resource family may be approved by the department or a
county pursuant to this section or by a foster family agency
pursuant to Section 1517 of the Health and Safety Code.

end insert begin insert

(10) A resource family shall not be licensed as a residential
facility, as defined in paragraph (1) of subdivision (a) of Section
1502 of the Health and Safety Code.

end insert

(d) (1) The department shall adopt standards pertaining to the
home environment and permanency assessments of a resource
family.

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

(A) (i) Criminal records clearance of begin insert each applicant and end insert all
adults residing in, or regularly present in, the home, and not
exempted from fingerprinting, as set forth in subdivision (b) of
Section 1522 of the Health and Safety Code, pursuant to Section
8712 of the Family Code, utilizing a check of the Child Abuse
Central Index (CACI), and receipt of a fingerprint-based state and
federal criminal offender record information search response. The
criminal history information shall include subsequent notifications
pursuant to Section 11105.2 of the Penal Code.

(ii) Consideration of any substantiated allegations of child abuse
or neglect against begin delete either end delete the applicant begin delete or end delete begin insert and end insert any other adult
residing begin delete in end delete begin insert in, or regularly present in, end insert the home. An approval may
not be granted to applicants whose criminal record indicates a
conviction for any of the offenses specified in subdivision (g) of
Section 1522 of the Health and Safety Code.

(iii) If the resource family parent, applicant, or any other person
specified in subdivision (b) of Section 1522 of the Health and
Safety Code has been convicted of a crime other than a minor
traffic violation or arrested for a serious offense specified in
subdivision (e) of Section 1522 of the Health and Safety Code,
except for the civil penalty language, the criminal background
check provisions specified in subdivisions (d) through (f) of Section
1522 of the Health and Safety Code shall apply. Exemptions from
the criminal records clearance requirements set forth in this section
may be granted by the department or the county, if that county begin delete has end delete
begin insert had end insert been granted permission by the department to issue criminal
records exemptions pursuant to Section begin delete 361.4, end delete begin insert 361.4 on or before
January 1, 2017, end insert using the exemption criteria specified in
subdivision (g) of Section 1522 of the Health and Safety Code and
the written directives or regulations adopted pursuant to this
section. A county may obtain arrest and conviction records or
reports from any court or law enforcement agency as necessary to
the performance of its duties, as provided in subdivision (e) of
Section 1522 of the Health and Safety Code.

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

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

(B) Buildings and grounds and storage requirements that ensure
the health and safety of children.

(C) In addition to the foregoing requirements, the resource
family home environment assessment standards shall also require
the following:

(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.

(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances
that are documented in the foster child’s case file exist to permit
a resource family to care for more children, including, but not
limited to, the need to place siblings together.

(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive environment that serves the needs
of the child.

(3) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:

begin delete

(A) The applicant shall complete caregiver training.

end delete begin insert

(A) Caregiver training, as described in subdivisions (g) and
(h).

end insert

(B)  begin delete (i) end delete begin delete   end delete begin delete The applicant shall complete a psychosocial assessment, end delete
begin insert A psychosocial assessment of an applicant, end insert which shall include
the results of a risk assessment.

begin insert

(i) When the applicant is a relative or nonrelative extended
family member to an identified child, the psychosocial assessment
shall consider the nature of the relationship between the relative
or nonrelative extended family member and the child. The relative
or nonrelative extended family member’s expressed desire to only
care for a specific child or children shall not be a reason to deny
the approval.

end insert

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

(C)  begin delete The applicant shall complete end delete begin insert Completion end insert begin insert of end insert any other
activities that relate to begin delete a resource family’s ability end delete begin insert the ability of an
applicant or a resource family end insert to achieve permanency with begin delete the end delete begin insert a end insert
child.

(e) (1) A county may place a child with a resource family
applicant begin delete that end delete begin insert who end insert has successfully completed the home
environment assessment prior to completion of a permanency
assessment only if a compelling reason for the placement exists
based on the needs of the child.

(A) The permanency assessment shall be completed within 90
days of the child’s placement in the home, unless good cause exists
based upon the needs of the child.

(B) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating
circumstances for the delay and generate a timeframe for the
completion of the permanency assessment.

(C) The county shall report to the department on a quarterly
basis the number of families with a child in an approved home
whose permanency assessment goes beyond 90 days and
summarize the reasons for these delays.

(2) A county may place a child with a relative, as defined in
Section 319, or nonrelative extended family member, as defined
in Section 362.7, prior to applying as a resource family only on
an emergency basis if all of the following requirements are met:

(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult begin insert residing in or
regularly present end insert in the home.

(B) Consideration of the results of the Child Abuse Central
Index (CACI) consistent with Section 1522.1 of the Health and
Safety Code of the relative or nonrelative extended family member,
and of every other adult begin insert residing in or regularly present end insert in the
home.

(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.

(D) For any placement made pursuant to this paragraph, the
county shall initiate the home environment assessment no later
than five business days after the placement, which shall include a
face-to-face interview with the resource family applicant and child.

(3) For any placement made pursuant to this subdivision,
AFDC-FC funding shall not be available until approval of the
resource family has been completed.

(4) Any child placed under this section shall be afforded all the
rights set forth in Section begin delete 16001.9. end delete begin insert 16001.9 and in the written
directions or regulations adopted pursuant to this section. end insert

(5) Nothing in this section shall limit the county’s authority to
inspect the home of a resource family applicant or a relative or
nonrelative extended family member as often as necessary to ensure
the quality of care provided.

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

(1) (A) Until regulations are adopted, administering the program
through the issuance of written directives that shall have the same
force and effect as regulations. Any directive affecting Article 1
(commencing with Section 700) of Chapter 7 of Title 11 of the
California Code of Regulations shall be approved by the
Department of Justice. The directives shall be exempt from the
rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340)) of Part 1 of
Division 3 of Title 2 of the Government Code.

(B) Adopting, amending, or repealing, in accordance with
Chapter 4.5 (commencing with Section 11371) of Part 1 of Division
3 of Title 2 of the Government Code, any reasonable rules,
regulations, and standards that may be necessary or proper to carry
out the purposes and intent of this chapter and to enable the
department to exercise the powers and perform the duties conferred
upon it by this section, consistent with the laws of this state.

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

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

(4) Requiring counties to monitor county-approved resource
families including, but not limited to, all of the following:

(A) Investigating complaints of resource families.

(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.

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

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

(B) Reviewing an adequate number of county-approved resource
families in each county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if
the department becomes aware that a county is experiencing a
disproportionate number of complaints against individual resource
family homes.

(C) Reviewing county reports of serious complaints and
incidents involving approved resource families, as determined
necessary by the department. The department may conduct an
independent review of the complaint or incident and change the
findings depending on the results of its investigation.

(D) Investigating unresolved complaints against counties.

(E) Requiring corrective action of counties that are not in full
compliance with this section.

(6) Updating the Legislature on the early implementation phase
of the program, including the status of implementation, successes,
and challenges during the early implementation phase, and relevant
available data, including resource family satisfaction.

(7) Implementing due process procedures, including, but not
limited to, all of the following:

(A) Providing a statewide fair hearing process for begin insert application end insert
denials, begin delete rescissions, or exclusion actions. end delete begin insert rescissions of approval,
exclusion end insert begin insert actions, or criminal record exemption denials or
rescissions, by a county or the department. end insert

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

(g) Counties shall be responsible for all of the following:

(1) Submitting an implementation plan and consulting with the
county probation department in the development of the
implementation plan.

(2) Complying with the written directives or regulations adopted
pursuant to this section.

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

(4) Training appropriate staff, including ensuring staff have the
education and experience necessary to complete the home
environment and psychosocial assessments competently.

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

(i) Approving or denying resource family applications.

(ii) Rescinding approvals of resource families.

(iii)  begin delete Excluding end delete begin insert When applicable, referring a case to the
department for an action to exclude end insert a resource family parent or
other individual from presence in any resource family home,
consistent with the established standard.

(iv) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing when urgent action is
needed to protect a child from physical or mental abuse,
abandonment, or any other substantial threat to health or safety,
consistent with the established standard.

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

(B) Providing a resource family parent, applicant, begin delete excluded
individual, end delete or individual who is the subject of a criminal record
exemption begin delete decision, requesting review of that decision, end delete begin insert decision end insert
with due process pursuant to begin delete the department’s statutes, regulations,
and written directives. end delete begin insert Section 16519.6. end insert

(C) Notifying the department of any decisions denying an
application for resource family begin delete approval or end delete begin insert approval, end insert rescinding
the approval of a resource family, begin delete excluding an individual, end delete or
denying or rescinding a criminal record exemption, and, if
applicable, notifying the department of the results of an
administrative action.

(6) (A) Updating resource family approval begin delete annually. end delete begin insert annually
and as necessary to address any changes that have occurred in
the resource family’s circumstances, including, but not limited to,
moving to a new home location or commencing operation of a
family day care home, as defined in Section 1596.78 of the Health
and Safety Code end insert begin insert . end insert

(B) A county shall conduct an announced inspection of a
resource family home during the annual begin delete update end delete begin insert update, and as
necessary to address any changes specified in subparagraph (A), end insert
in order to ensure that the resource family is conforming to all
applicable laws and the written directives or regulations adopted
pursuant to this section.

(7) Monitoring resource families through all of the following:

(A) Ensuring that social workers who identify a condition in
the home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.

(B) Requiring resource families to begin delete comply with end delete begin insert meet the
approval standards set forth in this section, and to comply with
the written directives or regulations adopted pursuant to this
section, other applicable laws, and end insert corrective action plans as
necessary to correct identified deficiencies. If corrective action is
not completed as specified in the plan, the county may rescind the
resource family approval.

(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.

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

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

(B) The child’s social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision
(d). To the extent that adequate resources are available, complaints
shall be investigated by a worker who did not initially conduct the
home environment or psychosocial assessments.

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

(D) The department shall be notified of any serious incidents
or serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.

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

(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and
remedying problems identified.

(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (6) of subdivision (f).

(12) Ensuring resource family applicants and resource families
have the necessary knowledge, skills, and abilities to support
children in foster care by completing caregiver training. The
training should include a curriculum that supports the role of a
resource family in parenting vulnerable children and should be
ongoing in order to provide resource families with information on
trauma-informed practices and requirements and other topics within
the foster care system.

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

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

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

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

(D) Health issues in foster care.

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

(F) The rights of a child in foster care, and the resource family’s
responsibility to safeguard those rights, including the right to have
fair and equal access to all available services, placement, care,
treatment, and benefits, and to not be subjected to discrimination
or harassment on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical disability, or HIV
status.

(G) Cultural needs of children, including instruction on cultural
competency and sensitivity, and related best practices for providing
adequate care for children or youth across diverse ethnic and racial
backgrounds, as well as children or youth identifying as lesbian,
gay, bisexual, or transgender.

(H) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.

(I) Permanence, well-being, and education needs of children.

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

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

(L) The role of a resource family on the child and family team
as defined in paragraph (4) of subdivision (a) of Section 16501.

(M) A resource family’s responsibility to act as a reasonable
and prudent parent, as described in subdivision (c) of Section
1522.44 of the Health and Safety Code, and to provide a family
setting that promotes normal childhood experiences and that serves
the needs of the child.

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

(14) Ensuring approved resource families complete a minimum
of eight begin delete training end delete hours begin insert of caregiver training end insert annually, a portion of
which shall be from begin insert subparagraph (M) of paragraph (13) and
from end insert one or more of the begin insert other end insert topics listed in paragraph (13).

(h) In addition to any training required by this section, a county
may require a resource family begin insert or applicant end insert to receive relevant
specialized training for the purpose of preparing the resource family
to meet the needs of a particular child in care. This training may
include, but is not limited to, the following:

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

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

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

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

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

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

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

(i) Nothing in this section shall preclude a county begin delete or a foster
family agency end delete from requiring begin delete resource family end delete training in excess
of the requirements in this section.

(j) (1) Resource families who move home locations shall retain
their resource family status pending the outcome of the update
conducted pursuant to paragraph (6) of subdivision (g).

(2)  begin delete The State Department of Social Services or a county may
allow a program-affiliated individual to transfer his or her
subsequent arrest notification if the individual end delete begin insert (A) end insert begin insert   end insert begin insert If a resource
family end insert moves from one county to another county, begin insert the department,
or the county to which a resource family has moved, shall submit
a written request to the Department of Justice to transfer the
individual’s subsequent arrest notification, end insert as specified in
subdivision begin delete (g) end delete begin insert (h) end insert of Section 1522 of the Health and Safety Code.

begin insert

(B) A request to transfer subsequent arrest notification shall
contain all prescribed data elements and format protocols pursuant
to a written agreement between the department and the Department
of Justice.

end insert

(3) Subject to the requirements in paragraph (1), the begin insert resource end insert
family shall continue to be approved for guardianship and adoption.
Nothing in this subdivision shall limit a county, foster family
agency, or adoption agency from determining that the family is
not approved for guardianship or adoption based on changes in
the family’s circumstances or psychosocial assessment.

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

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

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

(n) Except as provided, approved resource families shall be
exempt from both of the following:

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

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

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

begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert (i) end insert begin insert   end insert begin insert On end insert and after January 1, 2017, a county begin insert to which the
department has delegated its licensing authority pursuant to
Section 1511 of the Health and Safety Code end insert shall approve resource
families in lieu of licensing foster begin delete family homes and approving
relative or nonrelative extended family members. Notwithstanding
this provision, end delete begin insert family homes. end insert

begin insert (ii) end insert begin insert   end insert begin insert Notwithstanding clause (i), end insert the existing licensure begin delete or approval end delete
and oversight processes shall continue to be administered for foster
family homes begin delete and relatives or nonrelative extended family members end delete
licensed begin delete or approved end delete prior to January 1, 2017, begin insert or as specified in
subparagraph (C), end insert until the license begin delete or approval end delete is revoked or
forfeited by operation of law pursuant to begin delete this section or Section
1524 end delete begin insert Section 1517.1 end insert of the Health and Safety Code.

begin insert

(B) (i) On and after January 1, 2017, a county shall approve
resource families in lieu of approving relative and nonrelative
extended family members.

end insert begin insert

(ii)  Notwithstanding clause (i), the existing approval and
oversight processes shall continue to be administered for relatives
and nonrelative extended family members approved prior to
January 1, 2017, or as specified in subparagraph (C), until the
approval is revoked or forfeited by operation of law pursuant to
this section.

end insert begin insert

(C) Notwithstanding subparagraph (D), a county shall approve
or deny all applications for foster family home licenses and
requests for relative or nonrelative extended family member
approvals received on or before December 31, 2016, in accordance
with Chapter 3 (commencing with Section 1500) of Division 2 of
the Health and Safety Code or provisions providing for the
approval of relatives or nonrelative extended family members, as
applicable.

end insert begin insert

(D) On and after January 1, 2017, a county shall not accept
applications for foster family home licenses or requests to approve
relatives or nonrelative extended family members.

end insert begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  No later than July 1, 2017, each county shall provide the
following information to all licensed foster family homes and begin delete all end delete
approved relatives and nonrelative extended family begin delete members: end delete

begin insert members licensed or approved by the county: end insert

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

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

(C) Notification that a foster family home license and an
approval of a relative or nonrelative extended family member shall
be forfeited by operation of law as begin delete provided for end delete begin insert specified end insert in
paragraph begin delete (4). end delete begin insert (5). end insert

begin delete

(3)

end delete

begin insert ( end insert begin insert 4) end insert  By no later than January 1, 2018, the following shall apply
to all licensed foster family homes and approved relative and
nonrelative extended family members:

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

(B) A licensed foster family begin delete home, and end delete begin insert home end insert begin insert or end insert an approved
relative or nonrelative extended family member who had a child
in placement at any time between January 1, 2017, and December
31, 2017, inclusive, may be approved as a resource family on the
date of successful completion of a psychosocial assessment
pursuant to subparagraph (B) of paragraph (3) of subdivision (d).

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

begin delete

(4)

end delete

begin insert ( end insert begin insert 5) end insert  All foster family licenses and approvals of begin delete a relative or end delete
begin insert relatives and end insert nonrelative extended family begin delete member end delete begin insert members end insert shall
be forfeited by operation of law on December 31, 2019, except as
provided in this begin delete paragraph: end delete begin insert paragraph or Section 1524 of the
Health and Safety Code: end insert

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

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

begin insert

(C) A foster family home license or approval as a relative or
nonrelative extended family member shall be forfeited by operation
of law upon approval as a resource family.

end insert

(p) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes, as set forth in Section 1517 of the Health and Safety Code.

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

(1) Notwithstanding any other law, a participating foster family
agency shall require resource families to meet and maintain the
resource family approval standards and requirements set forth in
this chapter and in the written directives adopted hereto prior to
approval and in order to maintain approval.

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

(3) Nothing in this section shall be construed to limit the
authority of the department to inspect, evaluate, or investigate a
complaint or incident, or initiate a disciplinary action against a
foster family agency pursuant to Article 5 (commencing with
Section 1550) of Chapter 3 of Division 2 of the Health and Safety
Code, or to take any action it may deem necessary for the health
and safety of children placed with the foster family agency.

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

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

begin delete

SEC. 23.  

Section 16519.51 of the Welfare and Institutions
Code is amended to read:

16519.51.  

Notwithstanding any other law, preapproval training
for a resource family applicant and annual training for an approved
resource family shall include training on knowledge and skills
related to the application of the reasonable and prudent parent
standard for the participation of the child in age or developmentally
appropriate activities, as set forth in Section 1522.44 of the Health
and Safety Code.

end delete

begin insert

begin insert SEC. 67. end insert   

end insert

begin insert Section 16519.51 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is repealed. end insert

begin delete

16519.51.  

Notwithstanding any other law, preapproval training
for a resource family applicant and annual training for an approved
resource family shall include training on knowledge and skills
related to the application of the reasonable and prudent parent
standard for the participation of the child in age or developmentally
appropriate activities, as set forth in Section 1522.4 of the Health
and Safety Code.

end delete

begin insert

begin insert SEC. 68. end insert   

end insert

begin insert Section 16519.51 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16519.51. end insert   

(a) A person shall not incur civil liability as a result
of a county notifying the department of its determination to rescind
the approval of a resource family due to any of the following
actions by a resource family parent:

(1) Violation of Section 16519.5, the written directives or
regulations adopted pursuant to Section 16519.5, or any applicable
law.

(2) Aiding, abetting, or permitting the violation of Section
16519.5, the written directives or regulations adopted pursuant
to Section 16519.5, or any applicable law.

(3) Conduct that poses a risk or threat to the health and safety,
protection, or well-being of a child, or the people of the state of
California.

(4) The conviction of the applicant or resource family parent
at any time before or during his or her approval of a crime
described in Section 1522.

(5) Knowingly allowing any child to have illegal drugs, alcohol,
or any tobacco product as defined in subdivision (d) of Section
22950.5 of the Business and Professions Code.

(6) Committing an act of child abuse or neglect or an act of
violence against another person.

(b) The department or a county shall not incur civil liability for
providing each other with information if the communication is for
the purpose of aiding in the evaluation of an application for
approval of a resource family.

end insert

begin insert

begin insert SEC. 69. end insert   

end insert

begin insert Section 16519.55 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

16519.55.  

(a) Subject to subdivision begin delete (b), end delete begin insert (d), end insert to encourage the
recruitment of resource families, to protect their personal privacy,
and to preserve the security of confidentiality of the placements
with resource families, the names, addresses, and other identifying
information of resource families shall be considered personal
information for purposes of the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code). This information shall not be
disclosed by any state or local agency pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code), except as
necessary for administering the resource family approval program,
facilitating the placement of children with resource families, and
providing names and addresses, upon request, only to bona fide
professional foster parent organizations and to professional
organizations educating foster parents, including the Foster and
Kinship Care Education Program of the California Community
Colleges.

begin insert

(b) The application form signed by a resource family applicant
shall be signed with a declaration by the applicant that the
information submitted is true, correct, and contains no material
omissions of fact to the best knowledge and belief of the applicant.
Any person who declares as true any material matter pursuant to
this section that he or she knows to be false is guilty of a
misdemeanor. The application shall include a statement that
submitting false information is a violation of law punishable by
incarceration, a fine, or both incarceration and a fine.

end insert begin insert

(c) Before approving a resource family, a county may conduct
a reference check of the applicant by contacting the following:

end insert begin insert

(1) Any foster family agencies that have certified the applicant.

end insert begin insert

(2) Any state or county licensing offices that have licensed the
applicant as a foster family home.

end insert begin insert

(3) Any counties that have approved the applicant as a relative
or nonrelative extended family member.

end insert begin insert

(4) Any foster family agencies or counties that have approved
the applicant as a resource family.

end insert begin insert

(5) Any state licensing offices that have licensed the applicant
as a community care facility, child day care center, or family child
care home.

end insert begin delete

(b)

end delete

begin insert (d) end insert  The department, a county, begin delete or end delete a foster family begin delete agency end delete begin insert agency,
or a tribe end insert may request information from, or divulge information
to, the department, a county, begin delete or end delete a foster family agency, begin insert or a tribe end insert
regarding a prospective resource family for the purpose of and as
necessary to conduct a reference check to determine whether it is
safe and appropriate to approve an applicant to be a resource
family.

begin insert

begin insert SEC. 70. end insert   

end insert

begin insert Section 16519.61 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16519.61. end insert   

A county or the department may deny a resource
family application or rescind the approval of a resource family,
and the department may exclude an individual from a resource
family home, for any of the following reasons:

(a) Violation of Section 16519.5, the written directives or
regulations adopted pursuant to Section 16519.5, or any applicable
law.

(b) Aiding, abetting, or permitting the violation of Section
16519.5, the written directives or regulations adopted pursuant
to Section 16519.5, or any applicable law.

(c) Conduct that poses a risk or threat to the health and safety,
protection, or well-being of a child or the people of the State of
California.

(d) The conviction of the resource family applicant, parent, or
associated individual at any time before or during his or her
approval of a crime described in Section 1522 of the Health and
Safety Code.

(e) Engaging in acts of financial malfeasance, including, but
not limited to, improper use or embezzlement of the money or
property of a child, fraudulent appropriation for personal gain of
money or property, or willful or negligent failure to provide
services.

end insert

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 16519.62 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16519.62. end insert   

(a) The out-of-court statements of a child under 12
years of age who is the subject or victim of an allegation at issue
constitutes admissible evidence at an administrative hearing
conducted pursuant to this article. The out-of-court statement may
provide the sole basis for a finding of fact if the proponent of the
statement provided the statement to all parties prior to the hearing
and the adjudicator finds that the time, content, and circumstances
of the statement provide sufficient indicia of reliability. However,
the out-of-court statement shall not be admissible if an objecting
party establishes that the statement is unreliable because it was
the product of fraud, deceit, or undue influence.

(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible
evidence relevant to the weight of the hearsay evidence or the
credibility of the hearsay declarant.

end insert

begin insert

begin insert SEC. 72. end insert   

end insert

begin insert The heading of Article 3 (commencing with Section
16520) is added to Chapter 5 of Part 4 of Division 9 of the end insert begin insert Welfare
and Institutions Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3. end insert   Miscellaneous Provisions

 

end insert

begin delete SEC. 24. end delete

begin insert SEC. 73. end insert   

To the extent that this act has an overall effect of
increasing certain costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation within the meaning of Section 36 of Article XIII of
the California Constitution, it shall apply to local agencies only to
the extent that the state provides annual funding for those cost
increases. Any new program or higher level of service provided
by a local agency pursuant to this act above the level for which
funding has been provided shall not require a subvention of funds
by the state nor otherwise be subject to Section 6 of Article XIII
B of the California Constitution.

With regard to certain other costs that may be incurred by a local
agency or school district, no reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because, in that regard, this act creates a new crime
or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction within the meaning of Section
17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.