Amended in Senate June 21, 2016

Amended in Assembly May 27, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1997


Introduced by Assembly Member Mark Stone

February 16, 2016


An act tobegin insert amend Sections 48204, 48853, 56155.5, and 79420 of the Education Code, toend insert amendbegin delete Sectionend deletebegin insert Sections 6552 andend insert 7911.1 of the Family Code,begin insert to amend Section 30029.7 of the Government Code,end insert to amend Sections 1501.1, 1502,begin insert 1502.4,end insert 1506, 1506.1,begin insert 1506.3,end insert 1506.5, 1506.6, 1506.7, 1506.8, 1517, 1520.1, 1522.44, 1523.1, 1525.5, 1536, 1538.8, 1538.9, and 1562.01 of,begin delete to amend and repeal Section 1506.3 of,end delete and to add Sections 1517.1, 1517.2,begin delete and 1517.3 to,end deletebegin insert 1517.3, and 1551.3 to,end insert the Health and Safety Code,begin insert to amend Section 676.7 of the Insurance Code,end insert to amend Section 11165.7 of the Penal Code, to amend Sections 1541 and 1543 of the Probate Code, and to amend Sections 291, 293, 294, 295,begin insert 309,end insert 361.2,begin insert 361.3, 361.4, 361.45,end insert 361.5, 366.26, 727, 727.4, 4094.2,begin insert 4096, 4096.5,end insert 11400, 11402, 11460, 11461, 11462,begin insert 11462.01,end insert 11462.04, 11463,begin delete 11463.01, 11463.1,end delete 11466, 11466.2, 11466.21, 11466.22, 11466.24, 11466.25, 11466.31, 11466.32, 11469, 16504.5, 16514, 16519.5,begin delete and 16519.55end deletebegin insert 16519.55, 16519.6, and 18358.30end insert 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,begin insert to repeal Sections 11463.01 and 11463.1 of,end insert and to repeal and add Sections 11402.01 and 16519.51 of, the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

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

begin insert(1)end insertbegin insertend insertExisting 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 specify that the resource family approval process replaces certification of foster homes by foster family agencies and 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 departmentbegin insert and countiesend insert from accepting applications to license foster familybegin delete homesend deletebegin insert homes, and prohibiting foster family agencies from accepting applications to certify foster homes,end insert on and after January 1, 2017. The bill would also make specified changes relating to resource families including by, among others, requiringbegin delete that the basic rate paid to resource families be the same whether the family is approved by a foster family agency or a county,end deletebegin insert the department to develop a basic rate that ensures that a child placed in a licensed foster family home, a certified family home, or with a resource family approved by a county or foster family agency is eligible for the same basic rate,end insert and would revise certain aspects of the resource family approval process, including by, among other things, 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 carebegin delete provided,end deletebegin insert provided;end insert authorizing counties to grant, deny, or rescind criminal recordsbegin delete exemptions,end deletebegin insert exemptions;end insert and making it a misdemeanor tobegin delete declare as true, in a resource family application form, any material matter that the applicant knows to be false.end deletebegin insert willfully and knowingly, with the intent to deceive, make a false statement or fail to disclose a material fact in a resource family application.end insert By imposing additional duties on counties, by creating a new crime, and by expanding the duties of foster family agencies, for which the failure to comply is a crime, this bill would impose a state-mandated local program.

begin delete

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.

end delete
begin delete

This bill would instead make those provision inoperative on January 1, 2019. 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 delete
begin delete

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 requires the department to provide timely notice to the providers of the date that submission of the financial audits is required. Existing law provides that repeated late financial audits may result in monetary penalties or termination of the provider’s rate.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

This bill would 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 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.

end delete
begin delete

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 delete
begin delete

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 delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin insert

(2) 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. The act also provides for the licensure of foster family agencies, which are organizations engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes and other places for placement of children for temporary or permanent care who require that level of care. A violation of the act is a crime.

end insert
begin insert

This bill would make various changes relating to the licensing and operation of short-term residential treatment centers and foster family agencies, including by, among other things, requiring the department to establish rates for short-term residential treatment centers and foster family agencies that include an interim rate, provisional rate, and probationary rate, and providing for the implementation of those rates; specifying 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; and requiring 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.

end insert

begin insert(3)end insertbegin insertend insertExisting 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.

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.

begin insert

(4) This bill would require the State Department of Social Services and the State Department of Health Care Services to adopt regulations to implement its provisions, and to implement certain other provisions of existing law. The bill would authorize those departments to implement the provisions of this bill by all-county letter or similar written instructions until regulations are adopted. The bill would make other changes related to foster care and the placement of foster children.

end insert
begin delete

The

end delete

begin insert(5)end insertbegin insertend insertbegin insertTheend insert 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:

P6    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 48204 of the end insertbegin insertEducation Codeend insertbegin insert, as amended
2by Section 1.5 of Chapter 554 of the Statutes of 2015, is amended
3to read:end insert

4

48204.  

(a) Notwithstanding Section 48200, a pupil complies
5with the residency requirements for school attendance in a school
6district, if he or she is any of the following:

7(1) (A) A pupil placed within the boundaries of that school
8district in a regularly established licensed children’sbegin delete institution,end delete
9begin insert institutionend insert or a licensed fosterbegin delete home,end deletebegin insert home as defined in Section
1056155.5,end insert
or a family home pursuant to a commitment or placement
11under Chapter 2 (commencing with Section 200) of Part 1 of
12Division 2 of the Welfare and Institutions Code.

13(B) An agency placing a pupil in a home or institution described
14in subparagraph (A) shall provide evidence to the school that the
15placement or commitment is pursuant to law.

16(2) A pupil who is a foster child who remains in his or her school
17of origin pursuant to subdivisions (f) and (g) of Section 48853.5.

P7    1(3) A pupil for whom interdistrict attendance has been approved
2pursuant to Chapter 5 (commencing with Section 46600) of Part
326.

4(4) A pupil whose residence is located within the boundaries of
5that school district and whose parent or legal guardian is relieved
6of responsibility, control, and authority through emancipation.

7(5) A pupil who lives in the home of a caregiving adult that is
8located within the boundaries of that school district. Execution of
9an affidavit under penalty of perjury pursuant to Part 1.5
10(commencing with Section 6550) of Division 11 of the Family
11Code by the caregiving adult is a sufficient basis for a
12determination that the pupil lives in the home of the caregiver,
13unless the school district determines from actual facts that the pupil
14is not living in the home of the caregiver.

15(6) A pupil residing in a state hospital located within the
16boundaries of that school district.

17(7) A pupil whose parent or legal guardian resides outside of
18the boundaries of that school district but is employed and lives
19with the pupil at the place of his or her employment within the
20boundaries of the school district for a minimum of three days
21during the school week.

22(b) A school district may deem a pupil to have complied with
23the residency requirements for school attendance in the school
24district if at least one parent or the legal guardian of the pupil is
25physically employed within the boundaries of that school district
26for a minimum of 10 hours during the school week.

27(1) This subdivision does not require the school district within
28which at least one parent or the legal guardian of a pupil is
29employed to admit the pupil to its schools. A school district shall
30not, however, refuse to admit a pupil under this subdivision on the
31basis, except as expressly provided in this subdivision, of race,
32ethnicity, sex, parental income, scholastic achievement, or any
33other arbitrary consideration.

34(2) The school district in which the residency of either the
35parents or the legal guardian of the pupil is established, or the
36school district to which the pupil is to be transferred under this
37subdivision, may prohibit the transfer of the pupil under this
38subdivision if the governing board of the school district determines
39that the transfer would negatively impact the court-ordered or
40voluntary desegregation plan of the school district.

P8    1(3) The school district to which the pupil is to be transferred
2under this subdivision may prohibit the transfer of the pupil if the
3school district determines that the additional cost of educating the
4pupil would exceed the amount of additional state aid received as
5a result of the transfer.

6(4) The governing board of a school district that prohibits the
7transfer of a pupil pursuant to paragraph (1), (2), or (3) is
8encouraged to identify, and communicate in writing to the parents
9or the legal guardian of the pupil, the specific reasons for that
10determination and is encouraged to ensure that the determination,
11and the specific reasons for the determination, are accurately
12recorded in the minutes of the board meeting in which the
13determination was made.

14(5) The average daily attendance for pupils admitted pursuant
15to this subdivision is calculated pursuant to Section 46607.

16(6) Unless approved by the sending school district, this
17subdivision does not authorize a net transfer of pupils out of a
18school district, calculated as the difference between the number
19of pupils exiting the school district and the number of pupils
20entering the school district, in a fiscal year in excess of the
21following amounts:

22(A) For a school district with an average daily attendance for
23that fiscal year of less than 501, 5 percent of the average daily
24attendance of the school district.

25(B) For a school district with an average daily attendance for
26that fiscal year of 501 or more, but less than 2,501, 3 percent of
27the average daily attendance of the school district or 25 pupils,
28whichever amount is greater.

29(C) For a school district with an average daily attendance of
302,501 or more, 1 percent of the average daily attendance of the
31school district or 75 pupils, whichever amount is greater.

32(7) Once a pupil is deemed to have complied with the residency
33requirements for school attendance pursuant to this subdivision
34and is enrolled in a school in a school district the boundaries of
35which include the location where at least one parent or the legal
36guardian of a pupil is physically employed, the pupil does not have
37to reapply in the next school year to attend a school within that
38school district and the governing board of the school district shall
39allow the pupil to attend school through grade 12 in that school
40district if the parent or legal guardian so chooses and if at least
P9    1one parent or the legal guardian of the pupil continues to be
2physically employed by an employer situated within the attendance
3boundaries of the school district, subject to paragraphs (1) to (6),
4inclusive.

5(c) This section shall become inoperative on July 1, 2017, and
6as of January 1, 2018, is repealed, unless a later enacted statute,
7that becomes operative on or before January 1, 2018, deletes or
8extends the dates on which it becomes inoperative and is repealed.

9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 48204 of the end insertbegin insertEducation Codeend insertbegin insert, as amended by
10Section 2.5 of Chapter 554 of the Statutes of 2015, is amended to
11read:end insert

12

48204.  

(a) Notwithstanding Section 48200, a pupil complies
13with the residency requirements for school attendance in a school
14begin delete district,end deletebegin insert districtend insert if he or she is:

15(1) (A) A pupil placed within the boundaries of that school
16district in a regularly established licensed children’sbegin delete institution,end delete
17begin insert institutionend insert or a licensed fosterbegin delete home,end deletebegin insert home as defined in Section
1856155.5,end insert
or a family home pursuant to a commitment or placement
19under Chapter 2 (commencing with Section 200) of Part 1 of
20Division 2 of the Welfare and Institutions Code.

21(B) An agency placing a pupil in the home or institution
22described in subparagraph (A) shall provide evidence to the school
23that the placement or commitment is pursuant to law.

24(2) A pupil who is a foster child who remains in his or her school
25of origin pursuant to subdivisions (f) and (g) of Section 48853.5.

26(3) A pupil for whom interdistrict attendance has been approved
27pursuant to Chapter 5 (commencing with Section 46600) of Part
2826.

29(4) A pupil whose residence is located within the boundaries of
30that school district and whose parent or legal guardian is relieved
31of responsibility, control, and authority through emancipation.

32(5) A pupil who lives in the home of a caregiving adult that is
33located within the boundaries of that school district. Execution of
34an affidavit under penalty of perjury pursuant to Part 1.5
35(commencing with Section 6550) of Division 11 of the Family
36Code by the caregiving adult is a sufficient basis for a
37determination that the pupil lives in the home of the caregiver,
38unless the school district determines from actual facts that the pupil
39is not living in the home of the caregiver.

P10   1(6) A pupil residing in a state hospital located within the
2boundaries of that school district.

3(7) A pupil whose parent or legal guardian resides outside of
4the boundaries of that school district but is employed and lives
5with the pupil at the place of his or her employment within the
6boundaries of the school district for a minimum of three days
7during the school week.

8(b) This section shall become operative on July 1, 2017.

9begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 48853 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
10read:end insert

11

48853.  

(a) A pupil described in subdivision (a) of Section
1248853.5 who is placed in a licensed children’s institution or foster
13family homebegin insert as defined in Section 56155.5,end insert shall attend programs
14operated by the local educational agency, unless one of the
15following applies:

16(1) The pupil is entitled to remain in his or her school of origin
17pursuant to paragraph (1) of subdivision (e) of Section 48853.5.

18(2) The pupil has an individualized education program requiring
19placement in a nonpublic, nonsectarian school or agency, or in
20another local educational agency.

21(3) The parent or guardian, or other person holding the right to
22make educational decisions for the pupil pursuant to Section 361
23or 726 of the Welfare and Institutions Code or Section 56055,
24determines that it is in the best interests of the pupil to be placed
25in another educational program, in which case the parent or
26guardian or other person holding the right to make educational
27decisions for the pupil shall provide a written statement that he or
28she has made that determination to the local educational agency.
29This statement shall include a declaration that the parent, guardian,
30or other person holding the right to make educational decisions
31for the pupil is aware of all of the following:

32(A) The pupil has a right to attend a regular public school in the
33least restrictive environment.

34(B) The alternate education program is a special education
35program, if applicable.

36(C) The decision to unilaterally remove the pupil from the
37regular public school and to place the pupil in an alternate
38education program may not be financed by the local educational
39agency.

P11   1(D) Any attempt to seek reimbursement for the alternate
2education program may be at the expense of the parent, guardian,
3or other person holding the right to make educational decisions
4for the pupil.

5(b) For purposes of ensuring a parent, guardian, or other person
6holding the right to make educational decisions for the pupil is
7aware of the information described in subparagraphs (A) to (D),
8inclusive, of paragraph (3) of subdivision (a), the local educational
9agency may provide him or her with that information in writing.

10(c) Before any decision is made to place a pupil in a juvenile
11court school as defined by Section 48645.1, a community school
12as described in Sections 1981 and 48660, or other alternative
13educational setting, the parent or guardian, or person holding the
14right to make educational decisions for the pupil pursuant to
15Section 361 or 726 of the Welfare and Institutions Code or Section
1656055, shall first consider placement in the regular public school.

17(d) If any dispute arises as to the school placement of a pupil
18subject to this section, the pupil has the right to remain in his or
19her school of origin, as defined in subdivision (f) of Section
2048853.5, pending resolution of the dispute. The dispute shall be
21resolved in accordance with the existing dispute resolution process
22available to any pupil served by the local educational agency.

23(e) This section does not supersede other laws that govern pupil
24expulsion.

25(f) This section does not supersede any other law governing the
26educational placement in a juvenile court school, as defined by
27Section 48645.1, of a pupil detained in a county juvenile hall, or
28committed to a county juvenile ranch, camp, forestry camp, or
29regional facility.

30(g) (1) Foster children living in emergency shelters, as
31referenced in the federal McKinney-Vento Homeless Assistance
32Act (42 U.S.C. Sec. 11301 et seq.), may receive educational
33services at the emergency shelter as necessary for short periods of
34time for either of the following reasons:

35(A) For health and safety emergencies.

36(B) To provide temporary, special, and supplementary services
37to meet the child’s unique needs if a decision regarding whether
38it is in the child’s best interests to attend the school of origin cannot
39be made promptly, it is not practical to transport the child to the
P12   1school of origin, and the child would otherwise not receive
2educational services.

3(2) The educational services may be provided at the shelter
4pending a determination by the person holding the right regarding
5the educational placement of the child.

6(h) All educational and school placement decisions shall be
7made to ensure that the child is placed in the least restrictive
8educational programs and has access to academic resources,
9services, and extracurricular and enrichment activities that are
10available to all pupils. In all instances, educational and school
11placement decisions shall be based on the best interests of the
12child.

13(i) (1) A complaint of noncompliance with the requirements of
14this section may be filed with the local educational agency under
15the Uniform Complaint Procedures set forth in Chapter 5.1
16(commencing with Section 4600) of Division 1 of Title 5 of the
17California Code of Regulations.

18(2) A complainant not satisfied with the decision of a local
19educational agency may appeal the decision to the department
20pursuant to Chapter 5.1 (commencing with Section 4600) of
21Division 1 of Title 5 of the California Code of Regulations and
22shall receive a written decision regarding the appeal within 60
23days of the department’s receipt of the appeal.

24(3) If a local educational agency finds merit in a complaint, or
25the Superintendent finds merit in an appeal, the local educational
26agency shall provide a remedy to the affected pupil.

27(4) Information regarding the requirements of this section shall
28be included in the annual notification distributed to, among others,
29pupils, parents or guardians of pupils, employees, and other
30interested parties pursuant to Section 4622 of Title 5 of the
31California Code of Regulations.

32begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 56155.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
33read:end insert

34

56155.5.  

(a) As used in thisbegin delete article,end deletebegin insert part,end insert “licensed children’s
35institution” means a residential facility that is licensed by the state,
36or other public agency having delegated authority by contract with
37the state to license, to provide nonmedical care to children,
38including, but not limited to, individuals with exceptional needs.
39“Licensed children’s institution” includes a group homebegin delete as defined
40by subdivision (g) of Section 80001 of Title 22 of the California
P13   1Code of Regulations.end delete
begin insert or short-term residential treatment center,
2as defined in Section 1502 of the Health and Safety Code.end insert
As used
3in this article and Article 3 (commencing with Section 56836.165)
4of Chapter 7.2, a “licensed children’s institution” does not include
5any of the following:

6(1) A juvenile court school, juvenile hall, juvenile home, day
7center, juvenile ranch, or juvenile camp administered pursuant to
8Article 2.5 (commencing with Section 48645) of Chapter 4 of Part
927.

10(2) A county community school program provided pursuant to
11Section 1981.

12(3) Any special education programs provided pursuant to Section
1356150.

14(4) Any other public agency.

15(b) As used in thisbegin delete article,end deletebegin insert part,end insert “foster family home” means a
16family residence that is licensed by the state, or other public agency
17having delegated authority by contract with the state to license, to
18provide 24-hour nonmedical care and supervision for not more
19than six foster children, including, but not necessarily limited to,
20individuals with exceptional needs. “Foster family home” includes
21a small family home as defined in paragraph (6) of subdivision (a)
22of Section 1502 of the Health and Safetybegin delete Code.end deletebegin insert Code, a certified
23family home of a foster family agency as defined in Section 1506
24of the Health and Safety Code, and a resource family as defined
25in Section 1517 of the Health and Safety Code and Section 16519.5
26of the Welfare and Institutions Code.end insert

27begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 79420 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
28read:end insert

29

79420.  

Funds appropriated to the Board of Governors of the
30California Community Colleges for the Foster Care Education
31Program shall be used for foster parent and relative/kinship care
32provider education in accordance with the following provisions:

33(a) The Chancellor of the California Community Colleges shall
34allocate these funds exclusively for foster parent and
35relative/kinship care provider education and training, as specified
36by the chancellor, in consultation with an advisory committee that
37includes foster parents, representatives of statewide foster parent
38organizations, parent and relative/kinship care providers,begin insert county
39child welfare services representatives,end insert
and representatives of the
40State Department of Social Services.

P14   1(b) If a community college district accepts funds for this
2program, the district shall comply with all reporting requirements,
3guidelines, and other conditions for receipt of those funds
4established by the chancellor.

5(c) Each college receiving funds for this program shall have a
6begin delete planend deletebegin insert plan, developed in consultation with the county child welfare
7agency,end insert
for foster parent and relative/kinship care provider
8education that includes the provision of training to facilitate the
9development of foster family homes,begin delete small family homes, and
10relative/kinship homesend delete
begin insert as defined in Section 56155.5,end insert that care for
11no more than six children who have special mental, emotional,
12developmental, or physical needs.

13(d) The State Department of Social Services shall facilitate the
14participation of county welfare departments in the Foster Care
15Education Program.

16begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 6552 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

17

6552.  

The caregiver’s authorization affidavit shall be in
18
substantially the following form:
19

 

Caregiver’s Authorization Affidavit

 

Use of this affidavit is authorized by Part 1.5 (commencing with
Section 6550) of Division 11 of the California Family Code.

 

Instructions: Completion of items 1-4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5-8 is additionally required to authorize any other medical care. Print clearly.

 

The minor named below lives in my home and I am 18 years of age or older.

 

1.Name of minor:   .

 

2.Minor’s birth date:   .

 

3.My name (adult giving authorization):   .

 

4.My home address:   

   .

   

5. â—» I am a grandparent, aunt, uncle, or other qualified relative of the minor (see back of this form for a definition of “qualified relative”).

 

6. Check one or both (for example, if one parent was advised and the other cannot be located):

  â—» I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.

 

  â—» I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.

 

7.My date of birth:   .

 

8. My California driver’s license or identification card

number:   .

P15  2026P15  3031

 

 

Warning: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.

P15  3031

 

 

 I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.

Dated:   

Signed:   

 


32Notices:

33
341. This declaration does not affect the rights of the minor’s parents
35or legal guardian regarding the care, custody, and control of the
36minor, and does not mean that the caregiver has legal custody of
37the minor.

38

P16   12. A person who relies on this affidavit has no obligation to make
2any further inquiry or investigation.

3
4Additional Information:

5
6TO CAREGIVERS:

7
81. “Qualified relative,” for purposes of item 5, means a spouse,
9parent, stepparent, brother, sister, stepbrother, stepsister, half
10brother, half sister, uncle, aunt, niece, nephew, first cousin, or any
11person denoted by the prefix “grand” or “great,” or the spouse of
12any of the persons specified in this definition, even after the
13marriage has been terminated by death or dissolution.

14
152. The law may require you, if you are not a relative or a currently
16begin delete licensed foster parent, to obtain a foster home licenseend deletebegin insert licensed,
17certified, or approved foster parent, to obtain resource family
18approval pursuant to Section 16519.5 of the Welfare and
19Institutions Codeend insert
in order to care for a minor. If you have any
20questions, please contact your local department of social services.

21
223. If the minor stops living with you, you are required to notify
23any school, health care provider, or health care service plan to
24which you have given this affidavit. The affidavit is invalid after
25the school, health care provider, or health care service plan receives
26notice that the minor no longer lives with you.

27
284. If you do not have the information requested in item 8
29(California driver’s license or I.D.), provide another form of
30identification such as your social security number or Medi-Cal
31number.

32
33TO SCHOOL OFFICIALS:

34
351. Section 48204 of the Education Code provides that this affidavit
36constitutes a sufficient basis for a determination of residency of
37the minor, without the requirement of a guardianship or other
38custody order, unless the school district determines from actual
39facts that the minor is not living with the caregiver.

40

P17   12. The school district may require additional reasonable evidence
2that the caregiver lives at the address provided in item 4.

3
4TO HEALTH CARE PROVIDERS AND HEALTH CARE
5SERVICE PLANS:

6
71. A person who acts in good faith reliance upon a caregiver’s
8authorization affidavit to provide medical or dental care, without
9actual knowledge of facts contrary to those stated on the affidavit,
10is not subject to criminal liability or to civil liability to any person,
11and is not subject to professional disciplinary action, for that
12reliance if the applicable portions of the form are completed.

13
142. This affidavit does not confer dependency for health care
15coverage purposes.

16

begin deleteSECTION 1.end delete
17
begin insertSEC. 7.end insert  

Section 7911.1 of the Family Code is amended to read:

18

7911.1.  

(a) Notwithstanding any other law, the State
19Department of Social Services or its designee shall investigate any
20threat to the health and safety of children placed by a California
21county social services agency or probation department in an
22out-of-state group home pursuant to the provisions of the Interstate
23Compact on the Placement of Children. This authority shall include
24the authority to interview children or staff in private or review
25their file at the out-of-state facility or wherever the child or files
26may be at the time of the investigation. Notwithstanding any other
27law, the State Department of Social Services or its designee shall
28require certified out-of-state group homes to comply with the
29reporting requirements applicable to group homes licensed in
30California pursuant to Title 22 of the California Code of
31 Regulations for each child in care regardless of whether he or she
32is a California placement, by submitting a copy of the required
33reports to the Compact Administrator within regulatory timeframes.
34The Compact Administrator within one business day of receiving
35a serious events report shall verbally notify the appropriate
36placement agencies and, within five working days of receiving a
37written report from the out-of-state group home, forward a copy
38of the written report to the appropriate placement agencies.

39(b) Any contract, memorandum of understanding, or agreement
40entered into pursuant to paragraph (b) of Article 5 of the Interstate
P18   1Compact on the Placement of Children regarding the placement
2of a child out of state by a California county social services agency
3or probation department shall include the language set forth in
4subdivision (a).

5(c) (1) The State Department of Social Services or its designee
6shall perform initial and continuing inspection of out-of-state group
7homes in order to either certify that the out-of-state group home
8meets all licensure standards required of group homes operated in
9California or that the department has granted a waiver to a specific
10licensing standard upon a finding that there exists no adverse
11impact to health and safety.

12(2) begin insert(A)end insertbegin insertend insertOn and after January 1, 2017, the licensing standards
13applicable to out-of-state group homes certified by the department,
14as described in paragraph (1), shall be those required of short-term
15residential treatment centers operated in this state, unless the
16out-of-state group home is granted an extension pursuant to
17subdivision (d) of Section 11462.04 of the Welfare and Institutions
18
begin delete Code.end deletebegin insert Code or has otherwise been granted a waiver pursuant to
19this subdivision.end insert

begin insert

20
(B) On and after January 1, 2017, an out-of-state group home
21shall satisfy the licensing standards for mental health program
22approval in Section 1562.01 of the Health and Safety Code if the
23out-of-state group home has an equivalent mental health program
24approval in the state in which it is operating.

end insert

25(3) In order to receive certification, the out-of-state group home
26shall have a current license, or an equivalent approval, in good
27standing issued by the appropriate authority or authorities of the
28state in which it is operating.

29(4) On and after January 1, 2017, an out-of-state group home
30program shall, in order to receive an AFDC-FC rate, meet the
31requirements of paragraph (2) of subdivision (c) of Section 11460
32of the Welfare and Institutions Code.

33(5) Any failure by an out-of-state group home facility to make
34children or staff available as required by subdivision (a) for a
35private interview or make files available for review shall be
36grounds to deny or discontinue the certification.

37(6) Certifications made pursuant to this subdivision shall be
38reviewed annually.

P19   1(d) A county shall be required to obtain an assessment and
2placement recommendation by a county multidisciplinary team
3prior to placement of a child in an out-of-state group home facility.

4(e) Any failure by an out-of-state group home to obtain or
5maintain its certification as required by subdivision (c) shall
6preclude the use of any public funds, whether county, state, or
7federal, in the payment for the placement of any child in that
8out-of-state group home, pursuant to the Interstate Compact on
9the Placement of Children.

10(f) (1) A multidisciplinary team shall consist of participating
11members from county social services, county mental health, county
12probation, county superintendents of schools, and other members
13as determined by the county.

14(2) Participants shall have knowledge or experience in the
15prevention, identification, and treatment of child abuse and neglect
16cases, and shall be qualified to recommend a broad range of
17services related to child abuse or neglect.

18(g) (1) The department may deny, suspend, or discontinue the
19certification of the out-of-state group home if the department makes
20a finding that the group home is not operating in compliance with
21the requirements of subdivision (c).

22(2) Any judicial proceeding to contest the department’s
23determination as to the status of the out-of-state group home
24certificate shall be held in California pursuant to Section 1085 of
25the Code of Civil Procedure.

26(h) The certification requirements of this section shall not impact
27placements of emotionally disturbed children made pursuant to an
28individualized education program developed pursuant to the federal
29Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
30et seq.) if the placement is not funded with federal or state foster
31care funds.

32(i) Only an out-of-state group home authorized by the Compact
33Administrator to receive state funds for the placement by a county
34social services agency or probation department of any child in that
35out-of-state group home from the effective date of this section
36shall be eligible for public funds pending the department’s
37certification under this section.

38begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 30029.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert

P20   1

30029.7.  

(a) Notwithstanding any other law and to the extent
2consistent with or required by federal law or court order, a county
3or counties may contract directly with the State Department of
4Health Care Services or the State Department of Social Services,
5as applicable, to provide or administer the following programs,
6services, or activities:

7(1) The Drug Medi-Cal Treatment Program pursuant to Article
83.2 (commencing with Section 14124.20) of Chapter 7 of Part 3
9of Division 9 of the Welfare and Institutions Code.

10(2) Agency adoptions pursuant to Chapter 2 (commencing with
11Section 16100) of Part 4 of Division 9 of the Welfare and
12Institutions Code and Chapter 2 (commencing with Section 8700)
13of Part 2 of Division 13 of the Family Code. Notwithstanding any
14other law, a license issued pursuant to Chapter 3 (commencing
15with Section 1500) of Division 2 of the Health and Safety Code
16shall not be required of a county that provides agency adoption
17program services.

begin insert

18
(3) The resource family approval program pursuant to Article
192 (commencing with Section 16519.5) of Chapter 5 of Part 4 of
20Division 9 of the Welfare and Institutions Code, or any portion
21thereof.

end insert

22(b) Nothing in paragraph (1) or (2) of subdivision (a) shall
23prevent a county from providing funding for any of the programs,
24services, or activities through a contract with another county, joint
25powers agreement, or county consortium.

26(c) begin insert(1)end insertbegin insertend insertContracts awarded pursuant tobegin insert paragraph (1) ofend insert
27 subdivision (a) shall be exempt from the requirements of Chapter
281 (commencing with Section 10100) and Chapter 2 (commencing
29with Section 10290) of Part 2 of Division 2 of the Public Contract
30Code. Contracts with the State Department of Health Care Services
31begin delete or the State Department of Social Servicesend delete shall include
32reimbursement to the state for the cost of providing the services
33or activities inbegin insert paragraph (1) ofend insert subdivisionbegin delete (a)end deletebegin insert (a),end insert subject to the
34terms of the contract. Those reimbursement amounts shall not
35exceed the funding provided to counties for specified programs.

begin insert

36
(2) Contracts awarded pursuant to paragraphs (2) and (3) of
37subdivision (a) shall be exempt from the requirements of Chapter
381 (commencing with Section 10100) and Chapter 2 (commencing
39with Section 10290) of Part 2 of Division 2 of the Public Contract
40Code. Contracts with the State Department of Social Services shall
P21   1include reimbursement to the state for the actual costs of providing
2the services or activities in paragraph (2) or (3) of subdivision
3(a), subject to the terms of the contract.

end insert
4

begin deleteSEC. 2.end delete
5
begin insertSEC. 9.end insert  

Section 1501.1 of the Health and Safety Code is
6amended to read:

7

1501.1.  

(a) It is the policy of the state to facilitate the proper
8placement of every child in residential care facilities where the
9placement is in the best interests of the child. A county may require
10placement or licensing agencies, or both placement and licensing
11agencies, to actively seek out-of-home care facilities capable of
12meeting the varied needs of the child. Therefore, in placing children
13in out-of-home care, particular attention should be given to the
14individual child’s needs, the ability of the facility to meet those
15needs, the needs of other children in the facility, the licensing
16requirements of the facility as determined by the licensing agency,
17and the impact of the placement on the family reunification plan.

18(b) Pursuant to this section, children with varying designations
19and varying needs, including, on and after January 1, 2012,
20nonminor dependents, as defined in subdivision (v) of Section
2111400 of the Welfare and Institutions Code, except as provided
22by statute, may be placed in the same facility provided the facility
23is licensed, complies with all licensing requirements relevant to
24the protection of the child, and has a special permit, if necessary,
25to meet the needs of each child so placed. A facility may not
26require, as a condition of placement, that a child be identified as
27an individual with exceptional needs as defined by Section 56026
28of the Education Code.

29(c) Neither the requirement for any license nor any regulation
30shall restrict the implementation of the provisions of this section.
31Implementation of this section does not obviate the requirement
32for a facility to be licensed by the department.

33(d) Pursuant to this section, children with varying designations
34and varying needs, including, on and after January 1, 2012,
35nonminor dependents, as defined in subdivision (v) of Section
3611400 of the Welfare and Institutions Code, except as provided
37by statute, may be placed in the same licensed foster family home
38or with a foster family agency for subsequent placement in a
39certified family home or with a resource family. Children, including
40nonminor dependents, with developmental disabilities, mental
P22   1disorders, or physical disabilities may be placed in licensed foster
2family homes or certified family homes or with resource families,
3provided that an appraisal of the child’s or nonminor dependent’s
4needs and the ability of the receiving home to meet those needs is
5made jointly by the placement agency and the licensee in the case
6of licensed foster family homes or the placement agency and the
7foster family agency in the case of certified family homes or
8resource families, and is followed by written confirmation prior
9to placement. The appraisal shall confirm that the placement poses
10no threat to any child in the home.

11(e) (1) For purposes of this chapter, the placing of children by
12foster family agencies shall be referred to as “subsequent
13placement” to distinguish the activity from the placing by public
14agencies.

15(2) For purposes of this chapter, and unless otherwise specified,
16references to a “child” shall include a “nonminor dependent” and
17“nonminor former dependent or ward” as those terms are defined
18in subdivision (v) and paragraph (1) of subdivision (aa) of Section
1911400 of the Welfare and Institutions Code.

20

begin deleteSEC. 3.end delete
21
begin insertSEC. 10.end insert  

Section 1502 of the Health and Safety Code is
22amended to read:

23

1502.  

As used in this chapter:

24(a) “Community care facility” means any facility, place, or
25building that is maintained and operated to provide nonmedical
26residential care, day treatment, adult day care, or foster family
27agency services for children, adults, or children and adults,
28including, but not limited to, the physically handicapped, mentally
29impaired, incompetent persons, and abused or neglected children,
30and includes the following:

31(1) “Residential facility” means any family home, group care
32facility, or similar facility determined by the department, for
3324-hour nonmedical care of persons in need of personal services,
34supervision, or assistance essential for sustaining the activities of
35daily living or for the protection of the individual.

36(2) “Adult day program” means any community-based facility
37or program that provides care to persons 18 years of age or older
38in need of personal services, supervision, or assistance essential
39for sustaining the activities of daily living or for the protection of
40these individuals on less than a 24-hour basis.

P23   1(3) “Therapeutic day services facility” means any facility that
2provides nonmedical care, counseling, educational or vocational
3support, or social rehabilitation services on less than a 24-hour
4basis to persons under 18 years of age who would otherwise be
5placed in foster care or who are returning to families from foster
6care. Program standards for these facilities shall be developed by
7 the department, pursuant to Section 1530, in consultation with
8therapeutic day services and foster care providers.

9(4) “Foster family agency” means any public agency or private
10organization, organized and operated on a nonprofit basis, engaged
11inbegin delete eitherend deletebegin insert anyend insert of the following:

12(A) Recruiting, certifying, approving, and training of, and
13providing professional support to, foster parents and resource
14families.

15(B) Coordinating withbegin insert countyend insert placing agencies to find homes
16forbegin insert fosterend insert children in need of care.

begin insert

17
(C) Providing services and supports to licensed or certified
18foster parents, county-approved resource families, and children
19to the extent authorized by state and federal law.

end insert

20(5) “Foster family home” means any residential facility
21providing 24-hour care for six or fewer foster children that is
22owned, leased, or rented and is the residence of the foster parent
23or parents, including their family, in whose care the foster children
24have been placed. The placement may be by a public or private
25child placement agency or by a court order, or by voluntary
26placement by a parent, parents, or guardian. It also means a foster
27family home described in Section 1505.2.

28(6) “Small family home” means any residential facility, in the
29licensee’s family residence, that provides 24-hour care for six or
30fewer foster children who have mental disorders or developmental
31or physical disabilities and who require special care and supervision
32as a result of their disabilities. A small family home may accept
33children with special health care needs, pursuant to subdivision
34(a) of Section 17710 of the Welfare and Institutions Code. In
35addition to placing children with special health care needs, the
36department may approve placement of children without special
37health care needs, up to the licensed capacity.

38(7) “Social rehabilitation facility” means any residential facility
39that provides social rehabilitation services for no longer than 18
40months in a group setting to adults recovering from mental illness
P24   1who temporarily need assistance, guidance, or counseling. Program
2components shall be subject to program standards pursuant to
3Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
42 of Division 5 of the Welfare and Institutions Code.

5(8) “Community treatment facility” means any residential
6facility that provides mental health treatment services to children
7in a group setting and that has the capacity to provide secure
8containment. Program components shall be subject to program
9standards developed and enforced by the State Department of
10Health Care Services pursuant to Section 4094 of the Welfare and
11Institutions Code.

12Nothing in this section shall be construed to prohibit or
13discourage placement of persons who have mental or physical
14disabilities into any category of community care facility that meets
15the needs of the individual placed, if the placement is consistent
16with the licensing regulations of the department.

17(9) “Full-service adoption agency” means any licensed entity
18engaged in the business of providing adoption services, that does
19all of the following:

20(A) Assumes care, custody, and control of a child through
21relinquishment of the child to the agency or involuntary termination
22of parental rights to the child.

23(B) Assesses the birth parents, prospective adoptive parents, or
24child.

25(C) Places children for adoption.

26(D) Supervises adoptive placements.

27Private full-service adoption agencies shall be organized and
28operated on a nonprofit basis. As a condition of licensure to provide
29intercountry adoption services, a full-service adoption agency shall
30be accredited and in good standing according to Part 96 of Title
3122 of the Code of Federal Regulations, or supervised by an
32accredited primary provider, or acting as an exempted provider,
33in compliance with Subpart F (commencing with Section 96.29)
34of Part 96 of Title 22 of the Code of Federal Regulations.

35(10) “Noncustodial adoption agency” means any licensed entity
36engaged in the business of providing adoption services, that does
37all of the following:

38(A) Assesses the prospective adoptive parents.

P25   1(B) Cooperatively matches children freed for adoption, who are
2under the care, custody, and control of a licensed adoption agency,
3for adoption, with assessed and approved adoptive applicants.

4(C) Cooperatively supervises adoptive placements with a
5full-service adoption agency, but does not disrupt a placement or
6remove a child from a placement.

7Private noncustodial adoption agencies shall be organized and
8operated on a nonprofit basis. As a condition of licensure to provide
9intercountry adoption services, a noncustodial adoption agency
10shall be accredited and in good standing according to Part 96 of
11Title 22 of the Code of Federal Regulations, or supervised by an
12accredited primary provider, or acting as an exempted provider,
13in compliance with Subpart F (commencing with Section 96.29)
14of Part 96 of Title 22 of the Code of Federal Regulations.

15(11) “Transitional shelter care facility” means any group care
16facility that provides for 24-hour nonmedical care of persons in
17need of personal services, supervision, or assistance essential for
18sustaining the activities of daily living or for the protection of the
19individual. Program components shall be subject to program
20standards developed by the State Department of Social Services
21pursuant to Section 1502.3.

22(12) “Transitional housing placement provider” means an
23organization licensed by the department pursuant to Section
241559.110 and Section 16522.1 of the Welfare and Institutions Code
25to provide transitional housing to foster children at least 16 years
26of age and not more than 18 years of age, and nonminor
27dependents, as defined in subdivision (v) of Section 11400 of the
28Welfare and Institutions Code, to promote their transition to
29adulthood. A transitional housing placement provider shall be
30privately operated and organized on a nonprofit basis.

31(13) “Group home” means a residential facility that provides
3224-hour care and supervision to children, delivered at least in part
33by staff employed by the licensee in a structured environment. The
34care and supervision provided by a group home shall be
35nonmedical, except as otherwise permitted by law.

36(14) “Runaway and homeless youth shelter” means a group
37home licensed by the department to operate a program pursuant
38to Section 1502.35 to provide voluntary, short-term, shelter and
39personal services to runaway youth or homeless youth, as defined
40in paragraph (2) of subdivision (a) of Section 1502.35.

P26   1(15) “Enhanced behavioral supports home” means a facility
2certified by the State Department of Developmental Services
3pursuant to Article 3.6 (commencing with Section 4684.80) of
4Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
5and licensed by the State Department of Social Services as an adult
6residential facility or a group home that provides 24-hour
7nonmedical care to individuals with developmental disabilities
8who require enhanced behavioral supports, staffing, and
9supervision in a homelike setting. An enhanced behavioral supports
10home shall have a maximum capacity of four consumers, shall
11conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
12Regulations, and shall be eligible for federal Medicaid home- and
13community-based services funding.

14(16) “Community crisis home” means a facility certified by the
15State Department of Developmental Services pursuant to Article
168 (commencing with Section 4698) of Chapter 6 of Division 4.5
17of the Welfare and Institutions Code, and licensed by the State
18Department of Social Services pursuant to Article 9.7 (commencing
19with Section 1567.80), as an adult residential facility, providing
2024-hour nonmedical care to individuals with developmental
21disabilities receiving regional center service, in need of crisis
22intervention services, and who would otherwise be at risk of
23admission to the acute crisis center at Fairview Developmental
24Center, Sonoma Developmental Center, an acute general hospital,
25acute psychiatric hospital, an institution for mental disease, as
26described in Part 5 (commencing with Section 5900) of Division
275 of the Welfare and Institutions Code, or an out-of-state
28placement. A community crisis home shall have a maximum
29capacity of eight consumers, as defined in subdivision (a) of
30Section 1567.80, shall conform to Section 441.530(a)(1) of Title
3142 of the Code of Federal Regulations, and shall be eligible for
32federal Medicaid home- and community-based services funding.

33(17) “Crisis nursery” means a facility licensed by the department
34to operate a program pursuant to Section 1516 to provide short-term
35care and supervision for children under six years of age who are
36voluntarily placed for temporary care by a parent or legal guardian
37due to a family crisis or stressful situation.

38(18) “Short-term residential treatment center” means a
39residential facility licensed by the department pursuant to Section
401562.01 and operated by any public agency or private organization
P27   1that provides short-term, specialized, and intensive treatment, and
224-hour care and supervision to children. The care and supervision
3provided by a short-term residential treatment center shall be
4nonmedical, except as otherwise permitted by law. Private
5short-term residential treatment centers shall be organized and
6operated on a nonprofit basis.

7(b) “Department” or “state department” means the State
8Department of Social Services.

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

10begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 1502.4 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, as
11added by Section 8 of Chapter 773 of the Statutes of 2015, is
12amended to read:end insert

13

1502.4.  

(a) A licensed short-term residential treatment center,
14as defined in paragraph (18) of subdivision (a) of Section 1502,
15may only accept for placement a child who does not require
16inpatient care in a licensed health facility and who has been
17assessed pursuant to Section 11462.01 of the Welfare and
18Institutions Code as meeting the applicable criteria for placement
19in a short-term residential treatment center.

begin delete

20(b) A licensed foster family agency, as defined in paragraph (4)
21of subdivision (a) of Section 1502, may accept for placement a
22child who does not require inpatient care in a licensed health
23facility, as defined in Section 1250, and who has been assessed
24 pursuant to Section 11462.01 of the Welfare and Institutions Code
25as meeting the applicable criteria for placement by a foster family
26agency.

27(c)

end delete

28begin insert(b)end insert For the purposes of this chapter, the following definitions
29shall apply:

30(1) “Health facility” has the meaning set forth in Section 1250.

31(2) “Seriously emotionally disturbed” has the same meaning as
32that term is used in subdivision (a) of Section 5600.3 of the Welfare
33and Institutions Code.

begin delete

34(d)

end delete

35begin insert(c)end insert The department shall not evaluate, nor have any
36responsibility or liability with regard to the evaluation of, the
37mental health treatment services provided pursuant to this section.

begin delete

38(e)

end delete

39begin insert(d)end insert This section shall become operative on January 1, 2017.

P28   1

begin deleteSEC. 4.end delete
2
begin insertSEC. 12.end insert  

Section 1506 of the Health and Safety Code is
3amended to read:

4

1506.  

(a) (1) A foster family agency may use only a certified
5family home or a resource family that has been certified or
6approved by that agency or, pursuant to Section 1506.5, a licensed
7foster family home or a county-approved resource family approved
8for this use by the county.

9(2) Any home selected and certified or approved for the
10reception and care of children by a foster family agency is not
11subject to Section 1508. A certified family home or a resource
12family of a foster family agency shall not be licensed as a
13residential facility.

14(3) A child with a developmental disability who is placed in a
15certified family home or with a resource family by a foster family
16agency that is operating under agreement with the regional center
17responsible for that child may remain in the certified family home
18 or with the resource family after 18 years of age. The determination
19regarding whether and how long he or she may remain as a resident
20after 18 years of age shall be made through the agreement of all
21parties involved, including the resident, the certified parent or
22resource family, the foster family agency social worker, the
23resident’s regional center case manager, and the resident’s parent,
24legal guardian, or conservator, as appropriate. This determination
25shall include a needs and service plan that contains an assessment
26of the child’s needs to ensure continued compatibility with the
27other children in placement. The needs and service plan shall be
28completed no more than six months prior to the child’s 18th
29birthday. The assessment shall be documented and maintained in
30the child’s file with the foster family agency.

31(b) (1) A foster family agency shall certify to the department
32that the certified family home has met the department’s licensing
33standards. A foster family agency may require a certified family
34home to meet additional standards or be compatible with its
35treatment approach.

36(2) The foster family agency shall issue a certificate of approval
37to the certified family home upon its determination that it has met
38the standards established by the department and before the
39placement of any child in the home. The certificate shall be valid
40for a period not to exceed one year. The annual recertification shall
P29   1require a certified family home to complete at least eight hours of
2structured applicable training or continuing education. At least
3one hour of training during the first six months following initial
4certification shall be dedicated to meeting the requirements of
5paragraph (1) of subdivision (b) of Section 11174.1 of the Penal
6Code.

7(3) If the agency determines that the home no longer meets the
8standards, it shall notify the department and the local placing
9agency.

10(4) This subdivision shall apply to foster family agencies only
11until December 31, 2019, in accordance with Section 1517.

12(c) As used in this chapter, “certified family home” means an
13individual or family certified by a licensed foster family agency
14and issued a certificate of approval by that agency as meeting
15licensing standards, and used exclusively by that foster family
16agency for placements.

begin insert

17
(d) (1) A foster family agency shall not accept applications to
18certify foster homes and shall instead approve resource families
19pursuant to Section 1517.

end insert
begin insert

20
(2) (A) A foster family agency that chooses not to approve
21resource families shall not recruit any new applicants, but may
22continue to coordinate with county placing agencies to find homes
23for foster children with its existing certified family homes, as
24authorized by the department.

end insert
begin insert

25
(B) No later than July 1, 2017, a foster family agency described
26in subparagraph (A) shall, in addition to the notification required
27in paragraph (4) of subdivision (f) of Section 1517, notify its
28certified family homes that, in order to care for foster children
29after December 31, 2019, a certified family is required to submit
30an application for resource family approval to the county in which
31the home is located or to a foster family agency that approves
32resource families and shall complete the approval process no later
33than December 31, 2019.

end insert
begin delete

34(d)

end delete

35begin insert(e)end insert (1) Requirements for social work personnel for a foster
36family agency shall be a master’s degree from an accredited or
37state-approved graduate school in social work or social welfare,
38or equivalent education and experience, as determined by the
39department.

P30   1(2) Persons who possess a master’s degree from an accredited
2or state-approved graduate school in any of the following areas,
3or equivalent education and experience, as determined by the
4department, shall be considered to be qualified to perform social
5work activities in a foster family agency:

6(A) Marriage, family, and child counseling.

7(B) Child psychology.

8(C) Child development.

9(D) Counseling psychology.

10(E) Social psychology.

11(F) Clinical psychology.

12(G) Educational psychology, consistent with the scope of
13practice as described in Section 4989.14 of the Business and
14Professions Code.

15(H) Education, with emphasis on counseling.

begin insert

16
(I) A subject area that is functionally equivalent to those listed
17in subparagraphs (A) to (H), inclusive, as set forth by the
18department.

end insert
begin delete

19(e)

end delete

20begin insert(f)end insert (1) In addition to the degree specifications in subdivision
21begin delete (d),end deletebegin insert (e),end insert all of the following coursework and field practice or
22experience, as defined in departmental regulations, shall be required
23of all new hires for the position of social work personnel effective
24January 1, 1995:

25(A) At least three semester units of field practice at the master’s
26level or six months’ full-time equivalent experience in a public or
27private social service agency setting.

28(B) At least nine semester units of coursework related to human
29development or human behavior, or, within the first year of
30employment, experience working with children and families as a
31major responsibility of the position under the supervision of a
32supervising social worker.

33(C) At least three semester units in working with minority
34populations or six months of experience in working with minority
35populations or training in cultural competency and working with
36minority populations within the first six months of employment
37as a condition of employment.

38(D) At least three semester units in child welfare or at least six
39months of experience in a public or private child welfare social
40services setting for a nonsupervisory social worker. A supervising
P31   1social worker shall have two years’ experience in a public or private
2child welfare social services setting.

3(2) (A) Persons who do not meet the requirements specified in
4begin delete subdivision (d) or (e)end deletebegin insert subdivision (e) or this subdivisionend insert may apply
5for an exception as provided for in subdivisionsbegin delete (f) and (g).end deletebegin insert (h)
6and (i).end insert

7(B) Exceptions granted by the department prior to January 1,
81995, shall remain in effect.

9(3) (A) Persons who are hired as social work personnel on or
10after January 1, 1995, who do not meet the requirements listed in
11this subdivision shall be required to successfully meet those
12requirements in order to be employed as social work personnel in
13a foster family agency.

14(B) Employees who were hired prior to January 1, 1995, shall
15not be required to meet the requirements of this subdivision in
16order to remain employed as social work personnel in a foster
17family agency.

18(4) Coursework and field practice or experience completed to
19fulfill the degree requirements of subdivision begin delete(d)end deletebegin insert (e)end insert may be used
20to satisfy the requirements of this subdivision.

begin insert

21
(g) In addition to the degree specifications in subdivision (e)
22and the coursework and field practice or experience described in
23subdivision (f), social work personnel shall meet core competencies
24to participate in the assessment and evaluation of an applicant or
25resource family, as determined by the department in written
26directives or regulations adopted pursuant to Section 16519.5 of
27the Welfare and Institutions Code.

end insert
begin delete

28(f)

end delete

29begin insert(h)end insert Individuals seeking an exception to the requirements of
30subdivisionbegin delete (d) or (e)end deletebegin insert (e) or (f)end insert based on completion of equivalent
31education and experience shall apply to the department by the
32process established by the department.

begin delete

33(g)

end delete

34begin insert(i)end insert The department shall be required to complete the process for
35the exception to minimum education and experience requirements
36described in subdivisionsbegin delete (d) and (e)end deletebegin insert (e) and (f)end insert within 30 days of
37receiving the exception application of social work personnel or
38supervising social worker qualifications from the foster family
39agency.

begin delete

40(h)

end delete

P32   1begin insert(j)end insert For purposes of this section, “social work personnel” means
2supervising social workers as well as nonsupervisory social
3workers.

4

begin deleteSEC. 5.end delete
5
begin insertSEC. 13.end insert  

Section 1506.1 of the Health and Safety Code is
6amended to read:

7

1506.1.  

(a) A foster family agency shall prepare and maintain
8a current, written plan of operation as required by the department.

9(b) (1) A foster family agency shall have national accreditation
10from an entity identified by the department pursuant to the process
11described in paragraph (8) of subdivision (b) of Section 11463 of
12the Welfare and Institutions Code.

13(2) The following applies to a foster family agency licensed
14before January 1, 2017:

15(A) The foster family agency shall have until December 31,
162018, to obtain accreditation.

17(B) The foster family agency shall submit documentation of
18accreditation or application for accreditation to the department in
19a time and manner as determined by the department.

20(C) The foster family agency shall provide documentation to
21the department reporting its accreditation status as of January 1,
222018, and July 1, 2018, in a time and manner as determined by the
23department.

24(3) The following applies to a foster family agency licensed on
25or after January 1, 2017:

26(A) The foster family agency shall have up to 24 months from
27the date of licensure to obtain accreditation.

28(B) The foster family agency applicant shall submit
29documentation of accreditation or application for accreditation
30with its application for licensure.

31(C) The foster family agency shall provide documentation to
32the department reporting its accreditation status at 12 months and
33at 18 months after the date of licensure.

34(4) This subdivision does not preclude the department from
35requesting additional information from the foster family agency
36regarding its accreditation status.

37(5) The department may revoke a foster family agency’s license
38pursuant to Article 5 (commencing with Section 1550) for failure
39to obtain accreditation within the timeframes specified in this
40subdivision.

begin delete

P33   1(c) (1) On and after January 1, 2017, a foster family agency’s
2plan of operation shall demonstrate the foster family agency’s
3ability to support the differing needs of children and their families.

end delete
begin delete

4(2) On and after January 1, 2017, a foster family agency’s plan
5of operation shall contain a plan for the supervision, evaluation,
6and training of staff. The training plan shall be appropriate to meet
7the needs of children, and it shall be consistent with the training
8provided to resource families as set forth in Section 16519.5 of
9the Welfare and Institutions Code.

end delete
begin delete

10(3) In addition to complying with the rules and regulations
11adopted pursuant to this chapter, on and

end delete

12begin insert(c)end insertbegin insertend insertbegin insertOn andend insert after January 1, 2017, a foster family agency’s plan
13of operation shall include a program statement. The program
14statement shall contain a description of all of the following:

begin delete

15(A)

end delete

16begin insert(1)end insert The core services and supports, as set forth in paragraph (5)
17of subdivision (b) of Section 11463 of the Welfare and Institutions
18Code, and as prescribed by the department, to be offered to children
19and their families, as appropriate or as necessary.

begin delete

20(B)

end delete

21begin insert(2)end insert The treatment practices that will be used in serving children
22and families.

begin delete

23(C)

end delete

24begin insert(3)end insert The procedures for the development, implementation, and
25periodic updating of the needs and services plan for children placed
26with the foster family agency or served by the foster family agency,
27begin insert consistent with the case plans as developed by the county placing
28agency, that support the reasonable and prudent parent standard,
29as defined in Section 362.05 of the Welfare and Institutions Code,end insert

30 and procedures for collaborating with the child and family team
31as described in paragraph (4) of subdivision (a) of Section 16501
32of the Welfare and Institutions Code, that includes, but is not
33limited to, a description of the services to be provided to meet the
34treatment needs of childrenbegin delete assessed pursuant to subdivision (d)
35or (e) of Section 11462.01 of the Welfare and Institutions Code.end delete

36
begin insert assessed.end insert

begin delete

37(D) 

end delete

38begin insert(4)end insertbegin insertend insertbegin insert(i)end insertbegin insertend insertHow the foster family agency will comply with the
39resource family approval standards and requirements, as set forth
40in Section begin delete 1517 of this code and Article 2 (commencing with
P34   1Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the
2Welfare and Institutions Code.end delete
begin insert 1517.end insert

begin insert

3
(ii) A foster family agency that chooses not to approve resource
4families pursuant to Section 1517 shall describe in the program
5statement the transition plan for its certified family homes to obtain
6resource family approval prior to December 31, 2019.

end insert
begin delete

7(E) A description of the

end delete

8begin insert(5)end insertbegin insertend insertbegin insertTheend insert population or populations to be served.

begin insert

9
(6) The ability to support the differing needs of children and
10their families.

end insert
begin insert

11
(7) The plan for the supervision, evaluation, and training of
12staff. The training plan shall be appropriate to meet the needs of
13children, and it shall be consistent with the training provided to
14resource families as set forth in Section 16519.5 of the Welfare
15and Institutions Code.

end insert
begin insert

16
(8) The ability to provide or arrange for treatment services to
17meet the individual needs of children placed in certified family
18homes or with resource families, as specified in Section 11402 of
19the Welfare and Institutions Code.

end insert
begin insert

20
(9) The plan for the training, supervision, and support of
21resource families to meet the appropriate needs of children,
22consistent with the training requirements set forth in Section
2316519.5 of the Welfare and Institutions Code. To the extent
24possible, the foster family agency training plan for resource
25families shall be consistent with the training requirements set forth
26by the county child welfare placing agency.

end insert
begin insert

27
(10) The agency or agencies that the foster family agency has
28partnered with, either formally or informally, to provide additional
29supports and services to families and children during care and
30postpermanency.

end insert
begin insert

31
(11) The plan for participation in child and family teams and
32supporting the participation of the agency’s resource families in
33those teams, as appropriate.

end insert
begin delete

34(F)

end delete

35begin insert(12)end insert Any other information that may be prescribed by the
36department for the proper administration of this section.

37(d) In addition to the rules and regulations adopted pursuant to
38this chapter, a county licensed to operate a foster family agency
39shall describe, in the plan of operation, its conflict-of-interest
40mitigation plan, on and after January 1, 2017, as set forth in
P35   1subdivision (g) of Section 11462.02 of the Welfare and Institutions
2Code.

begin delete

3(e) The foster family agency’s plan of operation shall
4demonstrate the foster family agency’s ability to provide treatment
5services to meet the individual needs of children placed in certified
6family homes or with resource families, as specified in Section
711402 of the Welfare and Institutions Code.

end delete
begin insert

8
(e) (1) (A) (i) A foster family agency applicant shall submit
9an application to the department that includes a letter of
10recommendation in support of its program from a county placing
11agency.

end insert
begin insert

12
(ii) The letter of recommendation shall include a statement that
13the county placing agency reviewed the applicant’s program
14statement.

end insert
begin insert

15
(iii) If the letter of recommendation is not from the county in
16which the facility is located, the foster family agency applicant
17shall include with its application a statement that it provided the
18county in which the facility is located an opportunity for that county
19to review the program statement and notified that county that the
20facility has received a letter of recommendation from another
21county.

end insert
begin insert

22
(B) If the application does not contain a letter of
23recommendation as described in subparagraph (A), then the
24department shall cease review of the application. Nothing in this
25paragraph shall constitute a denial of the application for purposes
26of Section 1526 or any other law.

end insert
begin insert

27
(C) A new letter of recommendation is not required when a
28foster family agency moves locations.

end insert
begin insert

29
(2) A foster family agency shall submit a copy of its program
30statement to all county placing agencies with which placements
31are coordinated or for which services are provided, including the
32county in which the facility is located, for optional review when
33the foster family agency updates its program statement.

end insert

34(f) The department shall have the authority to inspect a foster
35family agency pursuant to the system of governmental monitoring
36and oversight developed by the department on and after January
371, 2017, pursuant to subdivision (c) of Section 11463 of the
38Welfare and Institutions Code.

begin delete

39(g) The department shall establish procedures for a county
40review process, at the county’s option, for foster family agencies,
P36   1which may include the review of the foster family agency’s
2program statement, and which shall be established in consultation
3with the County Welfare Directors Association of California, Chief
4Probation Officers of California, and stakeholders, as appropriate.

end delete
5

begin deleteSEC. 6.end delete
6
begin insertSEC. 14.end insert  

Section 1506.3 of the Health and Safety Code is
38
7 amended to read:

8

1506.3.  

begin delete(a)end deletebegin deleteend deleteA foster family agencybegin delete that provides treatment of
9children in foster familiesend delete
shall employ one full-time social work
10supervisor for every eight social workers or fraction thereof in the
11agency.

begin delete

12(b) This section shall remain in effect only until the date when
13the total foster family agency rate by age group paid to licensed
14foster family agencies for the placement of children in certified
15foster family homes is restored to at least the rate in effect on
16September 30, 2009, and the Director of Social Services issues a
17declaration to this effect to the Senate Committee on Budget and
18Fiscal Review, Senate Committee on Human Services, the
19Assembly Committee on Budget, and the Assembly Committee
20on Human Services, or their successor committees. Upon the
21restoration to at least the rate in effect on September 30, 2009, the
22director shall issue the declaration. On that date, this section shall
23be repealed.

24(c) Notwithstanding subdivision (b), this section shall be
25inoperative on January 1, 2017, except with regard to foster family
26agencies that have been granted an extension pursuant to Section
2711463.1, in which case it shall be inoperative on January 1, 2019,
28and, as of January 1, 2019, is repealed, unless a later enacted
29statute, that becomes operative on or before January 1, 2019,
30deletes or extends the dates on which it becomes ineffective and
31is repealed.

end delete
32

begin deleteSEC. 7.end delete
33
begin insertSEC. 15.end insert  

Section 1506.5 of the Health and Safety Code is
34amended to read:

35

1506.5.  

(a) Foster family agencies shall not use foster family
36homes licensed by a county or resource families approved by a
37county without the approval of the licensing or approving county.
38When approval is granted, a written agreement between the foster
39family agency and the county shall specify the nature of
P37   1administrative control and case management responsibility and
2the nature and number of the children to be served in the home.

3(b) Before a foster family agency may use a licensed foster
4family home it shall review and, with the exception of a new
5 fingerprint clearance, qualify the home in accordance with Section
61506.

7(c) When approval is granted pursuant to subdivision (a), and
8for the duration of the agreement permitting the foster family
9agency use of the licensed foster family home or county-approved
10resource family, no child shall be placed in that home except
11through the foster family agency.

12(d) Nothing in this section shall transfer or eliminate the
13responsibility of the placing agency for the care, custody, or control
14of the child. Nothing in this section shall relieve a foster family
15agency of its responsibilities for or on behalf of a child placed with
16it.

17(e) (1) If an application to a foster family agency for a certificate
18of approval indicates, or the department determines during the
19application review process, that the applicant previously was issued
20a license under this chapter or under Chapter 1 (commencing with
21Section 1200), Chapter 2 (commencing with Section 1250), Chapter
223.01 (commencing with Section 1568.01), Chapter 3.2
23(commencing with Section 1569), Chapter 3.4 (commencing with
24Section 1596.70), Chapter 3.5 (commencing with Section 1596.90),
25or Chapter 3.6 (commencing with Section 1597.30) and the prior
26license was revoked within the preceding two years, the foster
27family agency shall cease any further review of the application
28until two years have elapsed from the date of the revocation.

29(2) If an application to a foster family agency for a certificate
30of approval indicates, or the department determines during the
31application review process, that the applicant previously was issued
32a certificate of approval by a foster family agency that was revoked
33by the department pursuant to subdivision (b) of Section 1534
34within the preceding two years, the foster family agency shall cease
35any further review of the application until two years have elapsed
36from the date of the revocation.

37(3) If an application to a foster family agency for a certificate
38of approval indicates, or the department determines during the
39application review process, that the applicant was excluded from
40a facility licensed by the department or from a certified family
P38   1home pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
2the foster family agency shall cease any further review of the
3application unless the excluded person has been reinstated pursuant
4to Section 11522 of the Government Code by the department.

5(4) The cessation of review shall not constitute a denial of the
6application for purposes of subdivision (b) of Section 1534 or any
7other law.

8(f) (1) If an application to a foster family agency for a certificate
9of approval indicates, or the department determines during the
10application review process, that the applicant had previously
11applied for a license under any of the chapters listed in paragraph
12(1) of subdivision (e) and the application was denied within the
13last year, the foster family agency shall cease further review of the
14application as follows:

15(A) When the applicant petitioned for a hearing, the foster family
16agency shall cease further review of the application until one year
17has elapsed from the effective date of the decision and order of
18the department upholding a denial.

19(B) When the department informed the applicant of his or her
20right to petition for a hearing and the applicant did not petition for
21a hearing, the foster family agency shall cease further review of
22the application until one year has elapsed from the date of the
23notification of the denial and the right to petition for a hearing.

24(2) The foster family agency may continue to review the
25application if the department has determined that the reasons for
26the denial of the application were due to circumstances and a
27condition that either have been corrected or are no longer in
28existence.

29(3) The cessation of review shall not constitute a denial of the
30application for purposes of subdivision (b) of Section 1534 or any
31other law.

32(g) (1) If an application to a foster family agency for a
33certificate of approval indicates, or the department determines
34during the application review process, that the applicant had
35previously applied for a certificate of approval with a foster family
36agency and the department ordered the foster family agency to
37deny the application pursuant to subdivision (b) of Section 1534,
38the foster family agency shall cease further review of the
39application as follows:

P39   1(A) In cases where the applicant petitioned for a hearing, the
2foster family agency shall cease further review of the application
3until one year has elapsed from the effective date of the decision
4and order of the department upholding a denial.

5(B) In cases where the department informed the applicant of his
6or her right to petition for a hearing and the applicant did not
7petition for a hearing, the foster family agency shall cease further
8review of the application until one year has elapsed from the date
9of the notification of the denial and the right to petition for a
10hearing.

11(2) The foster family agency may continue to review the
12application if the department has determined that the reasons for
13the denial of the application were due to circumstances and
14conditions that either have been corrected or are no longer in
15existence.

16(3) The cessation of review shall not constitute a denial of the
17application for purposes of subdivision (b) of Section 1534 or any
18other law.

19(h) Subdivisions (e), (f), and (g) shall apply only to certified
20family home applications received on or before December 31,
212016, in accordance with Section 1517.

22

begin deleteSEC. 8.end delete
23
begin insertSEC. 16.end insert  

Section 1506.6 of the Health and Safety Code is
24amended to read:

25

1506.6.  

(a) It is the intent of the Legislature that public and
26private efforts to recruit foster parents not be competitive and that
27the total number of foster parents be increased.

28(b) A foster family agency shall not certify a family home that
29is licensed by the department or a county. A licensed foster family
30home shall forfeit its license, pursuant to subdivision (b) of Section
311524, concurrent with final certification by the foster family
32agency. The department or a county shall not license a family home
33that is certified by a foster family agency. A certified family home
34shall forfeit its certificate concurrent with final licensing by the
35department or a county.

36(c) (1) A licensed foster family home shall forfeit its license,
37pursuant to subdivision (b) of Section 1524, concurrent with
38resource family approval by a foster familybegin delete agency. A resource
39family shall forfeit its resource family approval, pursuant to Section
4016519.5 of the Welfare and Institutions Code, concurrent with
P40   1resource family approval by a foster family agency.end delete
begin insert agency or a
2county.end insert

3(2) A certified family home shall forfeit its certificate of
4approval concurrent with resource family approval bybegin delete the county.
5A resource family shall forfeit its resource family approval,
6pursuant to Section 1517, concurrent with resource family approval
7by the county.end delete
begin insert a foster family agency, pursuant to subdivision (f)
8of Section 1517, or a county.end insert

begin insert

9
(3) A resource family approved pursuant to Section 1517 shall
10forfeit its approval concurrent with resource family approval by
11another foster family agency or a county.

end insert
12

begin deleteSEC. 9.end delete
13
begin insertSEC. 17.end insert  

Section 1506.7 of the Health and Safety Code is
14amended to read:

15

1506.7.  

(a) A foster family agency shall require the owner or
16operator of a family home applying for certification to sign an
17application that shall contain, but shall not be limited to, the
18following information:

19(1) Whether the applicant has been certified, and by which foster
20family agency.

21(2) Whether the applicant has been decertified, and by which
22foster family agency.

23(3) Whether a placement hold has been placed on the applicant
24by a foster family agency, and by which foster family agency.

25(4) Whether the applicant has been a foster home licensed by a
26county or by the state and, if so, by which county or state, or
27whether the applicant has been approved for relative placement
28by a county and, if so, by which county.

29(b) (1) The application form signed by the owner or operator
30of the family home applying for certification shall contain notice
31to the applicant for certification that the foster family agency is
32required to check references of all foster family agencies that have
33previously certified the applicant and of all state or county licensing
34offices that have licensed the applicant as a foster parent, and that
35the signing of the application constitutes the authorization of the
36applicant for the foster family agency to conduct its check of
37references.

38(2) The application form signed by the owner or operator of the
39family home applying for certification shall be signed with a
40 declaration by the applicant that the information submitted is true,
P41   1correct, and contains no material omissions of fact to the best
2knowledge and belief of the applicant. Any person who declares
3as true any material matter pursuant to this section that he or she
4knows to be false is guilty of a misdemeanor. The application shall
5include a statement that submitting false information is a violation
6of law punishable by incarceration, a fine, or both incarceration
7and a fine.

8(c) This section shall apply only to certified family home
9applications received on or before December 31, 2016, in
10accordance with Section 1517.

11

begin deleteSEC. 10.end delete
12
begin insertSEC. 18.end insert  

Section 1506.8 of the Health and Safety Code is
13amended to read:

14

1506.8.  

(a) Before certifying a family home, a foster family
15agency shall contact any foster family agencies by whom an
16applicant has been previously certified and any state or county
17licensing offices that have licensed the applicant as a foster parent,
18and shall conduct a reference check as to the applicant.

19(b) This section shall apply only to certified family home
20applications received on or before December 31, 2016, in
21accordance with Section 1517.

22

begin deleteSEC. 11.end delete
23
begin insertSEC. 19.end insert  

Section 1517 of the Health and Safety Code is
24amended to read:

25

1517.  

(a) (1) Pursuant to subdivision (a) of Section 16519.5
26of the Welfare and Institutions Code, the State Department of
27Social Services, shall implement a unified, family friendly, and
28child-centered resource family approval process to replace the
29existing multiple processes for licensing foster family homes,
30certifying foster homes by licensed foster family agencies,
31approving relatives and nonrelative extended family members as
32foster care providers, and approving guardians and adoptive
33families.

34(2) For purposes of this section, a “resource family” means an
35individual or family that has successfully met both the home
36 environment assessment and the permanency assessment criteria,
37as set forth in Section 16519.5 of the Welfare and Institutions
38Code, necessary for providing care for a related or unrelated child
39who is under the jurisdiction of the juvenile court, or otherwise in
40the care of a county child welfare agency or probation department.

P42   1(3) For purposes of this chapter, “resource family approval”
2means that the applicant or resource family successfully meets the
3home environment assessment and permanency assessment
4standards adopted pursuant to subdivision (d) of Section 16519.5
5of the Welfare and Institutions Code. This approval is in lieu of a
6certificate of approval issued by a licensed foster family agency
7pursuant to subdivision (b) of Section 1506.

8(4) Approval of a resource family does not guarantee an initial,
9continued, or adoptive placement of a child with a resource family.
10Approval of a resource family does not guarantee the establishment
11of a legal guardianship of a child with a resource family. There is
12no fundamental right to resource family approval.

13(5) Notwithstanding paragraphs (1) to (4), inclusive, a foster
14family agency shall cease any further review of an application if
15the applicant has had a previous application denial within the
16preceding year by the department or county, or if the applicant has
17had a previous rescission, revocation, or exemption denial or
18exemption rescission by the department or county within the
19preceding two years. However, a foster family agency may continue
20to review an application if it has determined that the reasons for
21the previous denial, rescission, or revocation were due to
22circumstances and conditions that either have been corrected or
23are no longer in existence. If an individual was excluded from a
24resource family home or facility licensed by the department, a
25foster family agency shall cease review of the individual’s
26application unless the excluded individual has been reinstated
27pursuant to Section 11522 of the Government Code. The cessation
28of review shall not constitute a denial of the application for
29purposes of this section, Section 16519.5 of the Welfare and
30Institutions Code, or any other law.

31(6) A resource family shall meet the approval standards set forth
32in Section 16519.5 of the Welfare and Institutions Code, comply
33with the written directives or regulations adopted pursuant to
34Section 16519.5 of the Welfare and Institutions Code, and comply
35with other applicablebegin insert federal and stateend insert laws in order to maintain
36approval.

37(7) A resource family may be approved by the department or a
38county pursuant to Section 16519.5 of the Welfare and Institutions
39Code or by a foster family agency pursuant to this section.

P43   1(b) (1) A foster family agency shall comply with the provisions
2of this section.

3(2) Notwithstanding any other law, a foster family agency shall
4require its applicants and resource families to meet the resource
5family approval standards set forth in Section 16519.5 of the
6Welfare and Institutions Code, the written directives or regulations
7adopted thereto, and other applicable laws prior to approval and
8in order to maintain approval.

9(3) A foster family agency shall be responsible for all of the
10following:

11(A) Complying with the applicable provisions of this chapter,
12the regulations for foster family agencies, the resource family
13approval standards and requirements set forth in Article 2
14(commencing with Section 16519.5) of Chapter 5 of Part 4 of
15Division 9 of the Welfare and Institutions Code, and the applicable
16written directives or regulations adopted thereto by the department.

17(B) Implementing the requirements for the resource family
18approval and utilizing standardized documentation established by
19the department.

20(C) Ensuring staff have thebegin delete education and experience necessary
21to complete the home environment and psychosocial assessments
22competently.end delete
begin insert education, experience, and core competencies
23necessary to participate in the assessment and evaluation of an
24applicant or resource family.end insert

25(D) Taking the following actions, as applicable:

26(i) begin insert(I)end insertbegin insertend insertApproving or denying resource familybegin delete applications.end delete
27
begin insert applications, including preparing a written evaluation of an
28applicant’s capacity to foster, adopt, or provide legal guardianship
29of a child based on all of the information gathered through the
30resource family application and assessment processes.end insert

begin insert

31
(II) Considering the applicant’s preference to provide a specific
32level of permanency, including adoption, guardianship, or, in the
33case of a relative, placement with a fit and willing relative, shall
34not be a basis to deny an application.

end insert

35(ii) Rescinding approvals of resource families.

36(E) Providing to the department a log of resource families that
37were approved or had approval rescinded during the month by the
3810th day of the following month.

39(F) (i) Updating resource family approval annually and as
40necessary to address any changes that have occurred in the resource
P44   1family’s circumstances, including, but not limited to, moving to
2a new home location or commencing operation of a family day
3care home, as defined in Section 1596.78.

4(ii) A foster family agency shall conduct an announced
5inspection of a resource family home during the annual update,
6and as necessary to address any changes specified in clause (i), to
7ensure that the resource family is conforming to all applicable laws
8and the written directives or regulations adopted pursuant to
9Section 16519.5 of the Welfare and Institutions Code.

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

11(i) Ensuring that social workers who identify a condition in the
12home that may not meet the resource family approval standards
13while in the course of a routine visit to children subsequently
14placed with a resource family take appropriate action as needed.

15(ii) Requiring resource families to meet the approval standards
16set forth in Section 16519.5 of the Welfare and Institutions Code
17and to comply with the written directives or regulations adopted
18thereto, other applicable laws, and corrective action plans as
19necessary to correct identified deficiencies. If corrective action is
20not completed as specified in the plan, the foster family agency or
21the department may rescind the approval of the resource family
22or take other administrative action in accordance with applicable
23law or the written directives or regulations adopted pursuant to
24Section 16519.5 of the Welfare and Institutions Code.

25(iii) Requiring resource families to report to the foster family
26agency any incidents as specified in the written directives or
27regulations adopted pursuant to Section 16519.5 of the Welfare
28and Institutions Code.

29(iv) Inspecting resource family homes as often as necessary to
30ensure the quality of care provided.

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

32(I) Submitting information and data that the department
33determines is necessary to study, monitor, and prepare the report
34specified in paragraph (6) of subdivision (f) of Section 16519.5 of
35the Welfare and Institutions Code.

36(J) (i) Ensuring applicants and resource families meet the
37training requirements, and, if applicable, the specialized training
38requirements set forth in Section 16519.5 of the Welfare and
39Institutions Code.

P45   1(ii) Nothing in this section shall preclude a foster family agency
2from requiring training in excess of the requirements in this section.

3(4) A foster family agency may cooperatively match a child
4who is under the care, custody, and control of a county with a
5resource family for initial placement.

6(c) In addition to subdivision (f) of Section 16519.5 of the
7Welfare and Institutions Code, the State Department of Social
8Services shall be responsible for all of the following:

9(1) Requiring foster family agencies to monitor resource
10families, including, but not limited to, inspecting resource family
11homes, developing and monitoring resource family corrective
12action plans to correct identified deficiencies, and rescinding
13resource family approval if compliance with a corrective action
14plan is not achieved.

15(2) Investigating all complaints against a resource family
16approved by a foster family agency and taking any action it deems
17necessary. This shall include investigating any incidents reported
18about a resource family indicating that the approval standard is
19not being maintained. Complaint investigations shall be conducted
20in accordance with the written directives or regulations adopted
21pursuant to Section 16519.5 of the Welfare and Institutions Code.
22A foster family agency shall not conduct an internal investigation
23regarding an incident report or complaint against a resource family
24that interferes with an investigation being conducted by the
25department.

26(3) Rescinding approvals of a resource family approved by a
27foster family agency.

28(4) Excluding a resource family parent or other individual from
29presence in a resource family home or licensed community care
30facility, from being a member of the board of directors, an
31executive director, or an officer of a licensed community care
32facility, or prohibiting a licensed community care facility from
33employing the resource family parent or other individual, if
34appropriate.

35(5) Issuing a temporary suspension order that suspends the
36resource family approval prior to a hearing, when urgent action is
37needed to protect a child from physical or mental abuse,
38abandonment, or any other substantial threat to health or safety.

39(6) Providing a resource family parent, applicant, excluded
40individual, or individual who is the subject of a criminal record
P46   1exemption decision with due process pursuant to Section 16519.6
2of the Welfare and Institutions Code.

3(d) The department may enter and inspect the home of a resource
4family approved by a foster family agency to secure compliance
5with the resource family approval standards, investigate a
6complaint or incident, or ensure the quality of care provided.

7(e) Nothing in this section or in Article 2 (commencing with
8Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the
9Welfare and Institutions Code limits the authority of the department
10to inspect, evaluate, investigate a complaint or incident, or initiate
11a disciplinary action against a foster family agency pursuant to
12this chapter or to take any action it may deem necessary for the
13health and safety of children placed with the foster family agency.

14(f) (1) The applicable certification and oversight processes shall
15continue to be administered for foster homes certified by a foster
16family agency prior to January 1, 2017, or as specified in paragraph
17(2), until the certification is revoked or forfeited by operation of
18law pursuant to this subdivision.

19(2) Notwithstanding paragraph (3), a foster family agency shall
20approve or deny all certified family home applications received
21on or before December 31, 2016, in accordance with this chapter.

22(3) On and after January 1, 2017, a foster family agency shall
23not accept applications to certify foster homes and shall approve
24resource families in lieu of certifying foster homes.

25(4) No later than July 1, 2017, each foster family agency shall
26provide the following information to its certified family homes:

27(A) A detailed description of the resource family approval
28program.

29(B) Notification that, in order to care for a foster child, resource
30family approval is required by December 31, 2019.

31(C) Notification that a certificate of approval shall be forfeited
32by operation of law as specified in paragraph (7).

33(5) By no later than January 1, 2018, the following shall apply
34to all certified family homes:

35(A) A certified family home with an approved adoptive home
36study, completed prior to January 1, 2018, shall be deemed to be
37an approved resource family.

38(B) A certified family home that had a child in placement at
39any time between January 1, 2017, and December 31, 2017,
40inclusive, may be approved as a resource family on the date of
P47   1successful completion of a psychosocial assessment pursuant to
2subparagraph (B) of paragraph (3) of subdivision (d) of Section
316519.5 of the Welfare and Institutions Code.

4(6) A foster family agency may provide supportive services to
5all certified family homes with a child in placement to assist with
6the resource family transition and to minimize placement
7disruptions.

8(7) All certificates of approval shall be forfeited by operation
9of law on December 31, 2019, except as provided in this paragraph:

10(A) All certified family homes that did not have a child in
11placement at any time between January 1, 2017, and December
1231, 2017, inclusive, shall forfeit the certificate of approval by
13operation of law on January 1, 2018.

14(B) For certified family homes with a pending resource family
15application on December 31, 2019, the certificate of approval shall
16be forfeited by operation of law upon approval as a resource family.
17If approval is denied, forfeiture by operation of law shall occur on
18the date of completion of any proceedings required by law to ensure
19due process.

20(C) A certificate of approval shall be forfeited by operation of
21law upon approval as a resource family.

begin insert

22
(g) A foster family agency may obtain any arrest or conviction
23records or reports from any law enforcement agency as necessary
24to the performance of its duties, as provided in this section.

end insert
25

begin deleteSEC. 12.end delete
26
begin insertSEC. 20.end insert  

Section 1517.1 is added to the Health and Safety
27Code
, to read:

28

1517.1.  

(a) (1) Pursuant to subdivision (a) of Section 16519.5
29of the Welfare and Institutions Code, the State Department of
30Social Services shall implement a unified, family friendly, and
31child-centered resource family approval process to replace the
32existing multiple processes for licensing foster family homes,
33certifying foster homes by licensed foster family agencies,
34approving relatives and nonrelative extended family members as
35foster care providers, and approving guardians and adoptive
36families.

37(2) For purposes of this section, a “resource family” means an
38individual or family that has successfully met both the home
39environment assessment and the permanency assessment criteria,
40as set forth in Section 16519.5 of the Welfare and Institutions
P48   1Code, necessary for providing care for a related or unrelated child
2who is under the jurisdiction of the juvenile court, or otherwise in
3the care of a county child welfare agency or probation department.

4(b) (1) The applicable licensure and oversight processes shall
5continue to be administered for foster family homes licensed prior
6to January 1, 2017, or as specified in paragraph (2), until the license
7is revoked or forfeited by operation of law pursuant to this section
8or Section 1524 of the Health and Safety Code.

9(2) The department shall approve or deny all foster family home
10license applications received on or before December 31, 2016, in
11accordance with this chapter.

12(3) On and after January 1, 2017, the department shall not accept
13applications to license foster family homes.

14(4) By no later than January 1, 2018, the following shall apply
15to all foster family homes:

16(A) A foster family home with an approved adoptive home
17study, completed prior to January 1, 2018, shall be deemed to be
18an approved resource family.

19(B) A foster family home that had a child in placement for any
20length of time between January 1, 2017, and December 31, 2017,
21inclusive, may be approved as a resource family on the date of
22successful completion of a psychosocial assessment pursuant to
23subparagraph (B) of paragraph (3) of subdivision (d) of Section
2416519.5 of the Welfare and Institutions Code.

25(5) All foster family home licenses shall be forfeited by
26operation of law on December 31, 2019, except as provided in this
27paragraph or Section 1524.

28(A) All licensed foster family homes that did not have a child
29in placement at any time between January 1, 2017, and December
3031, 2017, inclusive, shall forfeit the license by operation of law
31on January 1, 2018.

32(B) For foster family home licensees who have pending resource
33family applications on December 31, 2019, the foster family home
34license shall be forfeited by operation of law upon approval as a
35resource family. If approval is denied, forfeiture by operation of
36law shall occur on the date of completion of any proceedings
37required by law to ensure due process.

38(C) A foster family home license shall be forfeited by operation
39of law upon approval as a resource family.

P49   1

begin deleteSEC. 13.end delete
2
begin insertSEC. 21.end insert  

Section 1517.2 is added to the Health and Safety
3Code
, to read:

4

1517.2.  

(a) The application form signed by a resource family
5applicant of a foster family agency shall be signed with a
6declaration by the applicant that the information submitted is true,
7correct, and contains no material omissions of fact to the best
8knowledge and belief of the applicant. Any person whobegin delete declares
9as true any material matter pursuant to this section that he or she
10knows to be false is guilty of a misdemeanor. The application shall
11include a statement that submitting false information is a violation
12of law punishable by incarceration, a fine, or both incarceration
13and a fine.end delete
begin insert willfully and knowingly, with the intent to deceive,
14makes a false statement or fails to disclose a material fact in his
15or her application is guilty of a misdemeanor.end insert

16(b) Before approving a resource family, a foster family agency
17shall conduct a reference check of the applicant by contacting all
18of the following:

19(1) Any foster family agencies that have certified the applicant.

20(2) Any state or county licensing offices that have licensed the
21applicant as a foster family home.

22(3) Any counties that have approved the applicant as a relative
23or nonrelative extended family member.

24(4) Any foster family agencies or counties that have approved
25the applicant as a resource family.

26(5) Any state licensing offices that have licensed the applicant
27as a community care facility, child day care center, or family child
28care home.

29(c) The department, a county, or a foster family agency may
30request information from, or divulge information to, the
31 department, a county, or a foster family agency regarding a
32prospective resource family for the purpose of conducting, and as
33necessary to conduct, a reference check to determine whether it is
34safe and appropriate to approve an applicant to be a resource
35family.

36

begin deleteSEC. 14.end delete
37
begin insertSEC. 22.end insert  

Section 1517.3 is added to the Health and Safety
38Code
, to read:

39

1517.3.  

(a) A person shall not incur civil liability as a result
40of providing the department with either of the following:

P50   1(1) A foster family agency’s log of resource families that have
2been approved or have had approval rescinded.

3(2) Notification of a foster family agency’s determination to
4rescind the approval of a resource family due to any of the
5following actions by a resource family parent:

6(A) Violation of Section 16519.5, the written directives or
7regulations adopted pursuant to Section 16519.5, or any other
8applicable law.

9(B) Aiding, abetting, or permitting the violation of Section
1016519.5, the written directives or regulations adopted pursuant to
11Section 16519.5, or any other applicable law.

12(C) Conduct that poses a risk or threat to the health and safety,
13protection, or well-being of a child, or the people of the State of
14California.

15(D) Conviction at any time before or during his or her approval
16of a crime described in Section 1522.

17(E) Knowingly allowing a child to have illegal drugs, alcohol,
18or any tobacco product, as defined in subdivision (d) of Section
1922950.5 of the Business and Professions Code.

20(F) Committing an act of child abuse or neglect or an act of
21violence against another person.

22(b) The department, a county, or a foster family agency shall
23not incur civil liability for providing each other with information
24if the communication is for the purpose of aiding in the evaluation
25of an application for approval of a resource family by a foster
26family agency.

27

begin deleteSEC. 15.end delete
28
begin insertSEC. 23.end insert  

Section 1520.1 of the Health and Safety Code is
29amended to read:

30

1520.1.  

In addition to Section 1520, applicants for a group
31home or short-term residential treatment center license shall meet
32the following requirements:

33(a) (1) During the first 12 months of operation, the facility shall
34operate with a provisional license. After eight months of operation,
35the department shall conduct a comprehensive review of the facility
36for compliance with all applicable laws and regulations and help
37develop a plan of correction with the provisional licensee, if
38appropriate. By the end of the 12th month of operation, the
39department shall determine if the permanent license should be
40issued.

P51   1(2) If the department determines that the group home or
2short-term residential treatment center is in substantial compliance
3with licensing standards, notwithstanding Section 1525.5, the
4department may extend the provisional license for up to an
5additional six months for either of the following reasons:

6(A) The group home or short-term residential treatment center
7requires additional time to be in full compliance with licensing
8standards.

9(B) After 12 months of operation, the group home or short-term
10residential treatment center is not operating at 50 percent of its
11licensed capacity.

12(3) By no later than the first business day of the 17th month of
13operation, the department shall conduct an additional review of a
14facility for which a provisional license is extended pursuant to
15paragraph (2), in order to determine whether a permanent license
16should be issued.

17(4) The department may deny a group home or short-term
18residential treatment center license application at any time during
19the term of the provisional license to protect the health and safety
20of clients. If the department denies the application, the group home
21or short-term residential treatment center shall cease operation
22 immediately. Continued operation of the facility after the
23department denies the application or the provisional license expires
24shall constitute unlicensed operation.

25(5) When the department notifies a city or county planning
26authority pursuant to subdivision (c) of Section 1520.5, the
27department shall briefly describe the provisional licensing process
28and the timelines provided for under that process, as well as provide
29the name, address, and telephone number of the district office
30licensing the facility where a complaint or comment about the
31group home’s or short-term residential treatment center’s operation
32may be filed.

33(b) (1) After the production of the booklet provided for in
34paragraph (2), every member of the group home’s board of
35directors or governing body and every member of a short-term
36residential treatment center’s board of directors or governing body
37shall, prior to becoming a member of the board of directors or
38governing body sign a statement that he or she understands his or
39her legal duties and obligations as a member of the board of
40directors or governing body and that the group home’s or
P52   1short-term residential treatment center’s operation is governed by
2laws and regulations that are enforced by the department, as set
3forth in the booklet. The applicant, provisional licensee, and
4licensee shall have this statement available for inspection by the
5department. For members of the board of directors or governing
6body when the booklet is produced, the licensee shall obtain this
7statement by the next scheduled meeting of the board of directors
8or governing body. Compliance with this paragraph shall be a
9condition of licensure.

10(2) The department shall distribute to every group home provider
11and short-term residential treatment center provider, respectively,
12detailed information designed to educate members of the group
13home provider’s or short-term residential treatment center
14provider’s board of directors or governing body of their roles and
15responsibilities as members of a public benefit corporation under
16the laws of this state. The information shall be included in a
17booklet, may be revised as deemed necessary by the department,
18and shall include, but not be limited to, all of the following:

19(A) The financial responsibilities of a member of the board of
20directors or governing body.

21(B) Disclosure requirements for self-dealing transactions.

22(C) Legal requirements pertaining to articles of incorporation,
23bylaws, length of member terms, voting procedures, board or
24governing body meetings, quorums, minutes of meetings, and, as
25provided for in subdivision (f), member duties.

26(D) A general overview of the laws and regulations governing
27the group home’s or short-term residential treatment center’s
28operation that are enforced by the department.

29(c) All financial records submitted by a facility to the
30department, or that are submitted as part of an audit of the facility,
31including, but not limited to, employee timecards and timesheets,
32shall be signed and dated by the employee and by the group home
33representative or short-term residential treatment center
34representative who is responsible for ensuring the accuracy of the
35information contained in the record, or when a time clock is used,
36the payroll register shall be signed and dated, and those financial
37records shall contain an affirmative statement that the signatories
38understand that the information contained in the document is
39correct to the best of their knowledge and that submission of false
40or misleading information may be prosecuted as a crime.

P53   1(d) An applicant, provisional licensee, or licensee shall maintain,
2submit, and sign financial documents to verify the legitimacy and
3accuracy of these documents. These documents include, but are
4not limited to, the group home or short-term residential treatment
5center application, any financial documents and plans of corrections
6submitted to the department, and timesheets.

7(e) (1) It is the intent of the Legislature that a group home or
8short-term residential treatment center have either representatives
9on its board of directors, as listed in paragraph (2), or a community
10advisory board, that meets at least annually.

11(2) The representatives on the board of directors or the
12community advisory board members should consist of at least the
13 following persons:

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

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

16(C) Neighbors of the facility.

17(D) Current or former clients of the facility.

18(E) A representative from a local law enforcement or other city
19or county representative.

20(f) Each group home or short-term residential treatment center
21provider shall schedule and conduct quarterly meetings of its board
22of directors or governing body. During these quarterly meetings,
23the board of directors or governing body shall review and discuss
24licensing reports, financial and program audit reports of its group
25home or short-term residential treatment center operations, special
26incident reports, and any administrative action against the licensee
27or its employees. The minutes shall reflect the board’s or governing
28body’s discussion of these documents and the group home’s or
29short-term residential treatment center’s operation. The licensee
30shall make available the minutes of group home’s or short-term
31residential treatment center’s board of directors or governing body
32meetings to the department.

33

begin deleteSEC. 16.end delete
34
begin insertSEC. 24.end insert  

Section 1522.44 of the Health and Safety Code is
35amended to read:

36

1522.44.  

(a) It is the policy of the state that caregivers of
37children in foster care possess knowledge and skills relating to the
38reasonable and prudent parent standard, as defined in subdivision
39(c) of Section 362.05 of the Welfare and Institutions Code.

P54   1(b) Except for licensed foster family homes, certified family
2homes, and resource familiesbegin delete licensed by foster family agencies,end delete
3begin insert approved by a foster family agency,end insert each licensed community care
4facility that provides care and supervision to children and operates
5with staff shall designate at least one onsite staff member to apply
6the reasonable and prudent parent standard to decisions involving
7the participation of a child who is placed in the facility in age or
8developmentally appropriate activities in accordance with the
9requirements of Section 362.05 of the Welfare and Institutions
10Code, Section 671(a)(10) of Title 42 of the United States Code,
11and the regulations adopted by the department pursuant to this
12chapter.

13(c) A licensed and certified foster parent, resource family, or
14facility staff member, as described in subdivision (b), shall receive
15training related to the reasonable and prudent parent standard that
16is consistent with Section 671(a)(24) of Title 42 of the United
17States Code. This training shall include knowledge and skills
18relating to the reasonable and prudent parent standard for the
19 participation of the child in age or developmentally appropriate
20activities, including knowledge and skills relating to the
21developmental stages of the cognitive, emotional, physical, and
22behavioral capacities of a child, and knowledge and skills relating
23to applying the standard to decisions such as whether to allow the
24child to engage in extracurricular, enrichment, cultural, and social
25activities, including sports, field trips, and overnight activities
26lasting one or more days, and to decisions involving the signing
27of permission slips and arranging of transportation for the child to
28and from extracurricular, enrichment, and social activities.

29(d) This section does not apply to runaway and homeless youth
30shelters as defined in paragraph (14) of subdivision (a) of Section
311502.

32

begin deleteSEC. 17.end delete
33
begin insertSEC. 25.end insert  

Section 1523.1 of the Health and Safety Code is
34amended to read:

35

1523.1.  

(a) (1) An application fee adjusted by facility and
36capacity shall be charged by the department for the issuance of a
37license. After initial licensure, a fee shall be charged by the
38department annually on each anniversary of the effective date of
39the license. The fees are for the purpose of financing the activities
P55   1specified in this chapter. Fees shall be assessed as follows, subject
2to paragraph (2):


3

 

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

P55  34

 

35(2) (A) The Legislature finds that all revenues generated by
36fees for licenses computed under this section and used for the
37purposes for which they were imposed are not subject to Article
38XIII B of the California Constitution.

39(B) The department, at least every five years, shall analyze
40initial application fees and annual fees issued by it to ensure the
P56   1 appropriate fee amounts are charged. The department shall
2recommend to the Legislature that fees established by the
3Legislature be adjusted as necessary to ensure that the amounts
4are appropriate.

5(b) (1) In addition to fees set forth in subdivision (a), the
6department shall charge the following fees:

7(A) A fee that represents 50 percent of an established application
8fee when an existing licensee moves the facility to a new physical
9address.

10(B) A fee that represents 50 percent of the established
11application fee when a corporate licensee changes who has the
12authority to select a majority of the board of directors.

13(C) A fee of twenty-five dollars ($25) when an existing licensee
14seeks to either increase or decrease the licensed capacity of the
15facility.

16(D) An orientation fee of fifty dollars ($50) for attendance by
17any individual at a department-sponsored orientation session.

18(E) A probation monitoring fee equal to the current annual fee,
19in addition to the current annual fee for that category and capacity
20for each year a license has been placed on probation as a result of
21a stipulation or decision and order pursuant to the administrative
22adjudication procedures of the Administrative Procedure Act
23(Chapter 4.5 (commencing with Section 11400) and Chapter 5
24(commencing with Section 11500) of Part 1 of Division 3 of Title
252 of the Government Code).

26(F) A late fee that represents an additional 50 percent of the
27established current annual fee when any licensee fails to pay the
28current annual licensing fee on or before the due date as indicated
29 by postmark on the payment.

30(G) A fee to cover any costs incurred by the department for
31processing payments including, but not limited to, bounced check
32charges, charges for credit and debit transactions, and postage due
33charges.

34(H) A plan of correction fee of two hundred dollars ($200) when
35any licensee does not implement a plan of correction on or prior
36to the date specified in the plan.

37(2) Foster family homes and resource family homes approved
38by a foster family agency shall be exempt from the fees imposed
39pursuant to this subdivision.

P57   1(3) Foster family agencies shall be annually assessed
2eighty-eight dollars ($88) for each certified family home and
3resource family certified or approved by the agency.

4(4) No local jurisdiction shall impose any business license, fee,
5or tax for the privilege of operating a facility licensed under this
6chapter which serves six or fewer persons.

7(c) (1) The revenues collected from licensing fees pursuant to
8this section shall be utilized by the department for the purpose of
9ensuring the health and safety of all individuals provided care and
10supervision by licensees and to support activities of the licensing
11program, including, but not limited to, monitoring facilities for
12compliance with licensing laws and regulations pursuant to this
13chapter, and other administrative activities in support of the
14licensing program, when appropriated for these purposes. The
15revenues collected shall be used in addition to any other funds
16appropriated in the Budget Act in support of the licensing program.
17 The department shall adjust the fees collected pursuant to this
18section as necessary to ensure that they do not exceed the costs
19described in this paragraph.

20(2) The department shall not utilize any portion of these revenues
21sooner than 30 days after notification in writing of the purpose
22and use of this revenue, as approved by the Director of Finance,
23to the Chairperson of the Joint Legislative Budget Committee, and
24the chairpersons of the committee in each house that considers
25appropriations for each fiscal year. The department shall submit
26a budget change proposal to justify any positions or any other
27related support costs on an ongoing basis.

28(d) A facility may use a bona fide business check to pay the
29license fee required under this section.

30(e) The failure of an applicant or licensee to pay all applicable
31and accrued fees and civil penalties shall constitute grounds for
32denial or forfeiture of a license.

33

begin deleteSEC. 18.end delete
34
begin insertSEC. 26.end insert  

Section 1525.5 of the Health and Safety Code is
35amended to read:

36

1525.5.  

(a)  The department may issue provisional licenses to
37operate community care facilities for facilities that it determines
38are in substantial compliance with this chapter and the rules and
39regulations adopted pursuant to this chapter, provided that no life
40safety risks are involved, as determined by the department. In
P58   1determining whether any life safety risks are involved, the
2department shall require completion of all applicable fire clearances
3and criminal record clearances as otherwise required by the
4department’s rules and regulations. The provisional license shall
5expire six months from the date of issuance, or at any earlier time
6as the department may determine, and may not be renewed.
7However, the department may extend the term of a provisional
8license for an additional six months at time of application, if it is
9determined that more than six months will be required to achieve
10full compliance with licensing standards due to circumstances
11beyond the control of the applicant, provided all other requirements
12for a license have been met.

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

14

begin deleteSEC. 19.end delete
15
begin insertSEC. 27.end insert  

Section 1536 of the Health and Safety Code is
16amended to read:

17

1536.  

(a) (1) At least annually, the department shall publish
18and make available to interested persons a list or lists covering all
19licensed community care facilities and the services for which each
20facility has been licensed or issued a special permit.

21(2) For a group home, transitional housing placement provider,
22community treatment facility, runaway and homeless youth shelter,
23or short-term residential treatment center, the list shall include
24both of the following:

25(A) The number of licensing complaints, types of complaint,
26and outcomes of complaints, including citations, fines, exclusion
27orders, license suspensions, revocations, and surrenders.

28(B) The number, types, and outcomes of law enforcement
29contacts made by the facility staff or children, as reported pursuant
30to subdivision (a) of Section 1538.7.

31(3) This subdivision does not apply to foster family homes or
32the certified family homes or resource families of foster family
33agencies.

34(b) Subject to subdivision (c), to protect the personal privacy
35of foster family homes and the certified family homes and resource
36families of foster family agencies, and to preserve the security and
37confidentiality of the placements in the homes, the names,
38addresses, and other identifying information of facilities licensed
39as foster family homes and certified family homes and resource
40families of foster family agencies shall be considered personal
P59   1information for purposes of the Information Practices Act of 1977
2(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
34 of Division 3 of the Civil Code). This information shall not be
4disclosed by any state or local agency pursuant to the California
5Public Records Act (Chapter 3.5 (commencing with Section 6250)
6of Division 7 of Title 1 of the Government Code), except as
7necessary for administering the licensing program, facilitating the
8placement of children in these facilities, and providing names and
9addresses, upon request, only to bona fide professional foster parent
10organizations and to professional organizations educating foster
11parents, including the Foster and Kinship Care Education Program
12of the California Community Colleges.

13(c) (1) Notwithstanding subdivision (b), the department, a
14county, or a foster family agency may request information from,
15or divulge information to, the department, a county, or a foster
16family agency, regarding a prospective certified parent, foster
17parent, or relative caregiver for the purpose of, and as necessary
18to, conduct a reference check to determine whether it is safe and
19appropriate to license, certify, or approve an applicant to be a
20certified parent, foster parent, or relative caregiver.

21(2) This subdivision shall apply only to applications received
22on or before December 31, 2016, in accordance with Section 1517
23or 1517.1 of this code or Section 16519.5 of the Welfare and
24Institutions Code.

25(d) The department may issue a citation and, after the issuance
26of that citation, may assess a civil penalty of fifty dollars ($50) per
27day for each instance of a foster family agency’s failure to provide
28the department with a log of certified and decertified homes or a
29log of resource families that were approved or had approval
30rescinded during the month by the 10th day of the following month.

31(e) The Legislature encourages the department, when funds are
32available for this purpose, to develop a database that would include
33all of the following information:

34(1) Monthly reports by a foster family agency regarding certified
35family homes and resource families.

36(2) A log of certified and decertified family homes, approved
37resource families, and resource families for which approval was
38rescinded, provided by a foster family agency to the department.

39(3) Notification by a foster family agency to the department
40informing the department of a foster family agency’s determination
P60   1to decertify a certified family home or rescind the approval of a
2resource family due to any of the following actions by the certified
3family parent or resource family:

4(A) Violating licensing rules and regulations.

5(B) Aiding, abetting, or permitting the violation of licensing
6rules and regulations.

7(C) Conducting oneself in a way that is inimical to the health,
8morals, welfare, or safety of a child placed in that certified family
9home, or for a resource family, engaging in conduct that poses a
10risk or threat to the health and safety, protection, or well-being of
11a child or nonminor dependent.

12(D) Being convicted of a crime while a certified family parent
13or resource family.

14(E) Knowingly allowing any child to have illegal drugs or
15alcohol.

16(F) Committing an act of child abuse or neglect or an act of
17violence against another person.

18(f) At least annually, the department shall post on its Internet
19Web site a statewide summary of the information gathered pursuant
20to Sections 1538.8 and 1538.9. The summary shall include only
21deidentified and aggregate information that does not violate the
22confidentiality of a child’s identity and records.

23

begin deleteSEC. 20.end delete
24
begin insertSEC. 28.end insert  

Section 1538.8 of the Health and Safety Code is
25amended to read:

26

1538.8.  

(a) (1) In order to review and evaluate the use of
27psychotropic medications in group homes and short-term residential
28treatment centers, the department shall compile, to the extent
29feasible and not otherwise prohibited by law and based on
30information received from the State Department of Health Care
31Services, at least annually, information concerning each group
32home and short-term residential treatment center, including, but
33not limited to, the child welfare psychotropic medication measures
34developed by the department and the following Healthcare
35Effectiveness Data and Information Set (HEDIS) measures related
36to psychotropic medications:

37(A) Follow-Up Care for Children Prescribed Attention Deficit
38Hyperactivity Disorder Medication (HEDIS ADD), which measures
39the number of children 6 to 12 years of age, inclusive, who have
P61   1a visit with a provider with prescribing authority within 30 days
2of the new prescription.

3(B) Use of Multiple Concurrent Antipsychotics in Children and
4Adolescents (HEDIS APC), which does both of the following:

5(i) Measures the number of children receiving an antipsychotic
6medication for at least 60 out of 90 days and the number of children
7who additionally receive a second antipsychotic medication that
8overlaps with the first.

9(ii) Reports a total rate and age stratifications including 6 to 11
10years of age, inclusive, and 12 to 17 years of age, inclusive.

11(C) Use of First-Line Psychosocial Care for Children and
12Adolescents on Antipsychotics (HEDIS APP), which measures
13whether a child has received psychosocial services 90 days before
14through 30 days after receiving a new prescription for an
15antipsychotic medication.

16(D) Metabolic Monitoring for Children and Adolescents on
17Antipsychotics (HEDIS APM), which does both of the following:

18(i) Measures testing for glucose or HbA1c and lipid or
19cholesterol of a child who has received at least two different
20 antipsychotic prescriptions on different days.

21(ii) Reports a total rate and age stratifications including 6 to 11
22years of age, inclusive, and 12 to 17 years of age, inclusive.

23(2) The department shall post the list of data to be collected
24pursuant to this subdivision on the department’s Internet Web site.

25(b) The data in subdivision (a) concerning psychotropic
26medication, mental health services, and placement shall be drawn
27from existing data maintained by the State Department of Health
28Care Services and the State Department of Social Services and
29shared pursuant to a data sharing agreement meeting the
30requirements of all applicable state and federal laws and
31regulations.

32(c) This section does not apply to a runaway and homeless youth
33shelter, as defined in Section 1502.

34

begin deleteSEC. 21.end delete
35
begin insertSEC. 29.end insert  

Section 1538.9 of the Health and Safety Code is
36amended to read:

37

1538.9.  

(a) (1) (A) The department shall consult with the
38State Department of Health Care Services and stakeholders to
39establish a methodology for identifying those group homes
40providing care under the AFDC-FC program pursuant to Sections
P62   111460 and 11462 of the Welfare and Institutions Code that have
2levels of psychotropic drug utilization warranting additional review.
3The methodology shall be adopted on or before July 1, 2016.

4(B) Every three years after adopting the methodology developed
5under subparagraph (A), or earlier if needed, the department shall
6consult with the State Department of Health Care Services and
7stakeholders and revise the methodology, if necessary.

8(2) If the department, applying the methodology described in
9paragraph (1), determines that a facility appears to have levels of
10psychotropic drug utilization warranting additional review, it shall
11inspect the facility at least once a year.

12(3) The inspection of the facility shall include, but not be limited
13to, a review of the following:

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

15(B) Child-to-staff ratios.

16(C) Staff qualifications and training.

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

18(E) Availability of psychosocial and other alternative treatments
19to the use of psychotropic medications.

20(F) Other factors that the department determines contribute to
21levels of psychotropic drug utilization that warrant additional
22review.

23(G) Confidential interviews of children residing in the facility
24at the time of the inspection.

25(4) The inspection of the facility may include, but is not limited
26to, the following:

27(A) Confidential interviews of children who resided in the
28facility within the last six months.

29(B) Confidential discussions with physicians identified as
30prescribing the medications.

31(b) Following an inspection conducted pursuant to this section,
32the department, as it deems appropriate, may do either or both of
33the following:

34(1) Share relevant information and observations with county
35placing agencies, social workers, probation officers, the court,
36dependency counsel, or the Medical Board of California, as
37applicable.

38(2) Share relevant information and observations with the facility
39and require the facility to submit a plan, within 30 days of receiving
40the information and observations from the department, to address
P63   1any identified risks within the control of the facility related to
2psychotropic medication. The department shall approve the plan
3and verify implementation of the plan to determine whether those
4risks have been remedied.

5(c) (1) Notwithstanding the rulemaking provisions of the
6Administrative Procedure Act (Chapter 3.5 (commencing with
7Section 11340) of Part 1 of Division 3 of Title 2 of the Government
8Code), until emergency regulations are filed with the Secretary of
9State, the department may implement this section through
10all-county letters or similar instructions.

11(2) On or before January 1, 2017, the department shall adopt
12regulations to implement this section. The initial adoption,
13amendment, or repeal of a regulation authorized by this subdivision
14is deemed to address an emergency, for purposes of Sections
1511346.1 and 11349.6 of the Government Code, and the department
16is hereby exempted for that purpose from the requirements of
17subdivision (b) of Section 11346.1 of the Government Code. After
18the initial adoption, amendment, or repeal of an emergency
19regulation pursuant to this section, the department may twice
20request approval from the Office of Administrative Law to readopt
21the regulation as an emergency regulation pursuant to Section
2211346.1 of the Government Code. The department shall adopt final
23regulations on or before January 1, 2018.

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

25(1) Replaces or alters other requirements for responding to
26complaints and making inspections or visits to group homes,
27including, but not limited to, those set forth in Sections 1534 and
281538.

29(2) Prevents or precludes the department from taking any other
30action permitted under any other law, including any regulation
31adopted pursuant to this chapter.

32(e) The methodology developed pursuant to this section shall
33apply to short-term residential treatment centers, as defined in
34Section 1502, in a manner determined by the department.

35(f) This section does not apply to a runaway and homeless youth
36shelter, as defined in Section 1502.

37begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 1551.3 is added to the end insertbegin insertHealth and Safety
38Code
end insert
begin insert, to read:end insert

begin insert
39

begin insert1551.3.end insert  

A proceeding conducted pursuant to Section 1534,
401551, or 1558 against a foster family home or certified family
P64   1home of a foster family agency shall be confidential and not open
2to the public in order to preserve the confidential information of
3a child in accordance with Section 1536, Section 11167.5 of the
4Penal Code, and Sections 827 and 10850 of the Welfare and
5Institutions Code. Notwithstanding this requirement, an
6administrative law judge may admit those persons deemed to have
7a direct and legitimate interest in the particular case or the work
8of the court on a case-by-case basis and with any admonishments,
9limitations, and protective orders as may be necessary to preserve
10the confidential nature of the proceedings.

end insert
11

begin deleteSEC. 22.end delete
12
begin insertSEC. 31.end insert  

Section 1562.01 of the Health and Safety Code is
13amended to read:

14

1562.01.  

(a) The department shall license short-term residential
15treatment centers, as defined in paragraph (18) of subdivision (a)
16of Section 1502, pursuant to this chapter. A short-term residential
17treatment center shall comply with all requirements of this chapter
18that are applicable to group homes and to the requirements of this
19section.

20(b) (1) A short-term residential treatment center shall have
21national accreditation from an entity identified by the department
22pursuant to the process described in paragraph (6) of subdivision
23(b) of Section 11462 of the Welfare and Institutions Code.

24(2) A short-term residential treatment center applicant shall
25submit documentation of accreditation or application for
26accreditation with its application for licensure.

27(3) A short-term residential treatment center shall have up to
2824 months from the date of licensure to obtain accreditation.

29(4) A short-term residential treatment center shall provide
30documentation to the department reporting its accreditation status
31at 12 months and at 18 months after the date of licensure.

32(5) This subdivision does not preclude the department from
33requesting additional information from the short-term residential
34treatment center regarding its accreditation status.

35(6) The department may revoke a short-term residential
36treatment center’s license pursuant to Article 5 (commencing with
37Section 1550) for failure to obtain accreditation within the
38timeframes specified in this subdivision.

39(c) begin insert(1)end insertbegin insertend insertA short-term residential treatment center shallbegin insert have up
40to 12 months from the date of licensure toend insert
obtainbegin delete and haveend delete in good
P65   1standing a mental healthbegin insert program approval that includes a
2Medi-Cal mental healthend insert
certification, as set forth inbegin delete Section 4096.5end delete
3begin insert Sections 4096.5 and 11462.01end insert of the Welfare and Institutions Code.

begin insert

4
(2) A short-term residential treatment center shall maintain the
5program approval described in paragraph (1) in good standing
6during its licensure.

end insert

7(d) (1) A short-term residential treatment center shall prepare
8and maintain a current, written plan of operation as required by
9the department.

10(2) The plan of operation shall include, but not be limited to,
11all of the following:

12(A) A statement of purposes and goals.

13(B) A plan for the supervision, evaluation, and training of staff.
14The training plan shall be appropriate to meet the needs of staff
15and children.

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

17(i) Description of the short-term residential treatment center’s
18ability to support the differing needs of children and their families
19with short-term, specialized, and intensive treatment.

20(ii) Description of the core services, as set forth in paragraph
21(1) of subdivision (b) of Section 11462 of the Welfare and
22Institutions Code, to be offered to children and their families, as
23appropriate or necessary.

24(iii) Procedures for the development, implementation, and
25periodic updating of the needs and services plan for children served
26by the short-term residential treatment center and procedures for
27collaborating with the child and family team described in paragraph
28(4) of subdivision (a) of Section 16501 of the Welfare and
29Institutions Code, that include, but are not limited to, a description
30of the services to be provided to meet the treatment needs of the
31child as assessed, pursuant to subdivision (d) or (e) of Section
3211462.01 of the Welfare and Institutions Code, the anticipated
33duration of the treatment, and the timeframe and plan for
34transitioning the child to a less restrictive family environment.

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

begin insert

36
(v) A description of compliance with the mental health program
37approval requirement in subdivision (c). A short-term residential
38treatment center that has not satisfied the requirement in
39subdivision (c) shall demonstrate the ability to meet the mental
40health service needs of children.

end insert
begin delete

P66   1(v)

end delete

2begin insert(vi)end insert Any other information that may be prescribed by the
3department for the proper administration of this section.

4(e) In addition to the rules and regulations adopted pursuant to
5this chapter, a county licensed to operate a short-term residential
6treatment center shall describe, in the plan of operation, its conflict
7of interest mitigation plan, as set forth in subdivision (g) of Section
811462.02 of the Welfare and Institutions Code.

begin delete

9(f) The department shall establish procedures for a county review
10process, at the county’s option, for short-term residential treatment
11centers, which may include the review of the short-term residential
12treatment center’s program statement, and which shall be
13established in consultation with the County Welfare Directors
14Association of California, Chief Probation Officers of California,
15and stakeholders, as appropriate.

end delete
begin insert

16
(f) (1) (A) (i) A short-term residential treatment center
17applicant shall submit an application to the department that
18includes a letter of recommendation in support of its program from
19a county placing agency.

end insert
begin insert

20
(ii) The letter of recommendation shall include a statement that
21the county placing agency reviewed a copy of the applicant’s
22program statement.

end insert
begin insert

23
(iii) If the letter of recommendation is not from the county in
24which the facility is located, the short-term residential treatment
25center applicant shall include, with its application, a statement
26that it provided the county in which the facility is located an
27opportunity for that county to review the program statement and
28notified that county that the facility has received a letter of
29recommendation from another county.

end insert
begin insert

30
(B) If the application does not contain a letter of
31recommendation as described in subparagraph (A), then the
32department shall cease review of the application. Nothing in this
33paragraph shall constitute a denial of the application for purposes
34of Section 1526 or any other law.

end insert
begin insert

35
(C) A new letter of recommendation is not required when a
36short-term residential treatment center moves locations.

end insert
begin insert

37
(2) A short-term residential treatment center shall submit a copy
38of its program statement to all county placing agencies from which
39the short-term residential treatment center accepts placements,
40including the county in which the facility is located, for optional
P67   1review when the short-term residential treatment center updates
2its program statement.

end insert

3(g) (1) The department shall adopt regulations to establish
4requirements for the education, qualification, and training of facility
5managers and staff who provide care and supervision to children
6or who have regular, direct contact with children in the course of
7their responsibilities in short-term residential treatment centers
8consistent with the intended role of these facilities to provide
9short-term, specialized, and intensive treatment.

10(2) Requirements shall include, but not be limited to, all of the
11following:

12(A) Staff classifications.

13(B) Specification of the date by which employees shall be
14required to meet the education and qualification requirements.

15(C) Any other requirements that may be prescribed by the
16department for the proper administration of this section.

17(h) The department shall adopt regulations to specify training
18requirements for staff who provide care and supervision to children
19or who have regular, direct contact with children in the course of
20their responsibilities. These requirements shall include the
21following:

22(1) Timeframes for completion of training, including the
23following:

24(A) Training that shall be completed prior to unsupervised care
25of children.

26(B) Training to be completed within the first 180 days of
27employment.

28(C) Training to be completed annually.

29(2) Topics to be covered in the training shall include, but are
30not limited to, the following:

31(A) Child and adolescent development, including sexual
32orientation, gender identity, and gender expression.

33(B) The effects of trauma, including grief and loss, and child
34abuse and neglect on child development and behavior and methods
35to behaviorally support children impacted by that trauma or child
36abuse and neglect.

37(C) The rights of a child in foster care, including the right to
38have fair and equal access to all available services, placement,
39care, treatment, and benefits, and to not be subjected to
40discrimination or harassment on the basis of actual or perceived
P68   1race, ethnic group identification, ancestry, national origin, color,
2religion, sex, sexual orientation, gender identity, mental or physical
3disability, or HIV status.

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

5(E) Core practice model.

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

7(G) Reasonable and prudent parent standard.

8(H) Instruction on cultural competency and sensitivity and
9related best practices for providing adequate care for children
10across diverse ethnic and racial backgrounds, as well as children
11identifying as lesbian, gay, bisexual, or transgender.

12(I) Awareness and identification of commercial sexual
13exploitation and best practices for providing care and supervision
14to commercially sexually exploited children.

15(J) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
16et seq.), its historical significance, the rights of children covered
17by the act, and the best interests of Indian children, including the
18role of the caregiver in supporting culturally appropriate child
19centered practices that respect Native American history, culture,
20retention of tribal membership, and connection to the tribal
21community and traditions.

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

23(L) Basic instruction on existing laws and procedures regarding
24the safety of foster youth at school; and ensuring a harassment and
25violence free school environment pursuant to Article 3.6
26 (commencing with Section 32228) of Chapter 2 of Part 19 of
27Division 1 of Title 1 of the Education Code.

28(M) Best practices for providing care and supervision to
29nonminor dependents.

30(N) Health issues in foster care.

31(O) Physical and psychosocial needs of children, including
32behavior management, deescalation techniques, and
33trauma-informed crisis management planning.

34(i) (1) Each person employed as a facility manager or staff
35member of a short-term residential treatment center, who provides
36direct care and supervision to children and youth residing in the
37short-term residential treatment center shall be at least 21 years of
38age.

39(2) This subdivision shall not apply to a facility manager or staff
40member employed, before October 1, 2014, at a short-term
P69   1residential treatment center which was operating under a group
2home license prior to January 1, 2016.

3(j) Notwithstanding any other section of this chapter, the
4department may establish requirements for licensed group homes
5that are transitioning to short-term residential treatment centers,
6which may include, but not be limited to, requirements related to
7application and plan of operation.

8(k) A short-term residential treatment center shall have a
9qualified and certified administrator, as set forth in Section
101522.41.

11(l) The department shall have the authority to inspect a
12short-term residential treatment center pursuant to the system of
13governmental monitoring and oversight developed by the
14department pursuant to subdivision (c) of Section 11462 of the
15Welfare and Institutions Code.

16begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 676.7 of the end insertbegin insertInsurance Codeend insertbegin insert is amended to
17read:end insert

18

676.7.  

(a) No admitted insurer, licensed to issue and issuing
19homeowner’s or tenant’s policies, as described in Section 122,
20shall (1) fail or refuse to accept an application for that insurance
21or to issue that insurance to an applicant or (2) cancel that
22insurance, solely on the basis that the applicant or policyholder is
23engaged in foster home activities in a licensed foster family home
24or licensed small family home, as defined in Section 1502 of the
25Health and Safetybegin delete Code.end deletebegin insert Code, or an approved resource family,
26as defined in Section 16519.5 of the Welfare and Institutions Code.end insert

27(b) Coverage under policies described in subdivision (a) with
28respect to a foster child shall be the same as that provided for a
29natural child. However, unless specifically provided in the policy,
30there shall be no coverage expressly provided in the policy for any
31bodily injury arising out of the operation or use of any motor
32vehicle, aircraft, or watercraft owned or operated by, or rented or
33loaned to, any foster parent.

34(c) It is against public policy for a policy of homeowner’s or
35tenant’s insurance subject to this section to provide liability
36coverage for any of the following losses:

37(1) Claims of a foster child, or a parent, guardian, or guardian
38ad litem thereof, of a type payable by the Foster Family Home and
39Small Family Home Insurance Fund established by Section 1527.1
40of the Health and Safety Code, regardless of whether the claim is
P70   1within the limits of coverage specified in Section 1527.4 of the
2Health and Safety Code.

3(2) An insurer shall not be liable, under a policy of insurance
4subject to this section, to any governmental agency for damage
5arising from occurrences peculiar to the foster-care relationship
6and the provision of foster-care services.

7(3) Alienation of affection of a foster child.

8(4) Any loss arising out of licentious, immoral, or sexual
9behavior on the part of a foster parent intended to lead to, or
10culminating in, any sexual act.

11(5) Any loss arising out of a dishonest, fraudulent, criminal, or
12intentional act.

13(d) There shall be no penalty for violations of this section prior
14to January 1, 1987.

15(e) Insurers may provide a special endorsement to a
16homeowners’ or tenants’ policy covering claims related to foster
17care that are not excluded by subdivision (c).

18(f) Insurers may provide by a separate policy for some or all of
19the claims related to foster care that are excluded by subdivision
20(c).

21

begin deleteSEC. 23.end delete
22
begin insertSEC. 33.end insert  

Section 11165.7 of the Penal Code is amended to
23read:

24

11165.7.  

(a) As used in this article, “mandated reporter” is
25defined as any of the following:

26(1) A teacher.

27(2) An instructional aide.

28(3) A teacher’s aide or teacher’s assistant employed by a public
29or private school.

30(4) A classified employee of a public school.

31(5) An administrative officer or supervisor of child welfare and
32attendance, or a certificated pupil personnel employee of a public
33or private school.

34(6) An administrator of a public or private day camp.

35(7) An administrator or employee of a public or private youth
36center, youth recreation program, or youth organization.

37(8) An administrator or employee of a public or private
38organization whose duties require direct contact and supervision
39of children.

P71   1(9) An employee of a county office of education or the State
2Department of Education whose duties bring the employee into
3contact with children on a regular basis.

4(10) A licensee, an administrator, or an employee of a licensed
5community care or child day care facility.

6(11) A Head Start program teacher.

7(12) A licensing worker or licensing evaluator employed by a
8licensing agency, as defined in Section 11165.11.

9(13) A public assistance worker.

10(14) An employee of a child care institution, including, but not
11limited to, foster parents, group home personnel, and personnel of
12residential care facilities.

13(15) A social worker, probation officer, or parole officer.

14(16) An employee of a school district police or security
15department.

16(17) A person who is an administrator or presenter of, or a
17counselor in, a child abuse prevention program in a public or
18private school.

19(18) A district attorney investigator, inspector, or local child
20support agency caseworker, unless the investigator, inspector, or
21caseworker is working with an attorney appointed pursuant to
22Section 317 of the Welfare and Institutions Code to represent a
23minor.

24(19) A peace officer, as defined in Chapter 4.5 (commencing
25with Section 830) of Title 3 of Part 2, who is not otherwise
26described in this section.

27(20) A firefighter, except for volunteer firefighters.

28(21) A physician and surgeon, psychiatrist, psychologist, dentist,
29resident, intern, podiatrist, chiropractor, licensed nurse, dental
30hygienist, optometrist, marriage and family therapist, clinical social
31worker, professional clinical counselor, or any other person who
32is currently licensed under Division 2 (commencing with Section
33500) of the Business and Professions Code.

34(22) An emergency medical technician I or II, paramedic, or
35other person certified pursuant to Division 2.5 (commencing with
36Section 1797) of the Health and Safety Code.

37(23) A psychological assistant registered pursuant to Section
382913 of the Business and Professions Code.

P72   1(24) A marriage and family therapist trainee, as defined in
2subdivision (c) of Section 4980.03 of the Business and Professions
3Code.

4(25) An unlicensed marriage and family therapist intern
5registered under Section 4980.44 of the Business and Professions
6Code.

7(26) A state or county public health employee who treats a minor
8for venereal disease or any other condition.

9(27) A coroner.

10(28) A medical examiner or other person who performs
11autopsies.

12(29) A commercial film and photographic print or image
13processor as specified in subdivision (e) of Section 11166. As used
14in this article, “commercial film and photographic print or image
15processor” means a person who develops exposed photographic
16film into negatives, slides, or prints, or who makes prints from
17negatives or slides, or who prepares, publishes, produces, develops,
18duplicates, or prints any representation of information, data, or an
19image, including, but not limited to, any film, filmstrip, photograph,
20negative, slide, photocopy, videotape, video laser disc, computer
21hardware, computer software, computer floppy disk, data storage
22medium, CD-ROM, computer-generated equipment, or
23computer-generated image, for compensation. The term includes
24any employee of that person; it does not include a person who
25develops film or makes prints or images for a public agency.

26(30) A child visitation monitor. As used in this article, “child
27visitation monitor” means a person who, for financial
28compensation, acts as a monitor of a visit between a child and
29another person when the monitoring of that visit has been ordered
30by a court of law.

31(31) An animal control officer or humane society officer. For
32the purposes of this article, the following terms have the following
33meanings:

34(A) “Animal control officer” means a person employed by a
35city, county, or city and county for the purpose of enforcing animal
36control laws or regulations.

37(B) “Humane society officer” means a person appointed or
38employed by a public or private entity as a humane officer who is
39qualified pursuant to Section 14502 or 14503 of the Corporations
40Code.

P73   1(32) A clergy member, as specified in subdivision (d) of Section
211166. As used in this article, “clergy member” means a priest,
3minister, rabbi, religious practitioner, or similar functionary of a
4church, temple, or recognized denomination or organization.

5(33) Any custodian of records of a clergy member, as specified
6in this section and subdivision (d) of Section 11166.

7(34) An employee of any police department, county sheriff’s
8department, county probation department, or county welfare
9department.

10(35) An employee or volunteer of a Court Appointed Special
11Advocate program, as defined in Rule 5.655 of the California Rules
12of Court.

13(36) A custodial officer, as defined in Section 831.5.

14(37) A person providing services to a minor child under Section
1512300 or 12300.1 of the Welfare and Institutions Code.

16(38) An alcohol and drug counselor. As used in this article, an
17“alcohol and drug counselor” is a person providing counseling,
18therapy, or other clinical services for a state licensed or certified
19drug, alcohol, or drug and alcohol treatment program. However,
20alcohol or drug abuse, or both alcohol and drug abuse, is not, in
21and of itself, a sufficient basis for reporting child abuse or neglect.

22(39) A clinical counselor trainee, as defined in subdivision (g)
23of Section 4999.12 of the Business and Professions Code.

24(40) A clinical counselor intern registered under Section 4999.42
25of the Business and Professions Code.

26(41) An employee or administrator of a public or private
27postsecondary educational institution, whose duties bring the
28administrator or employee into contact with children on a regular
29basis, or who supervises those whose duties bring the administrator
30or employee into contact with children on a regular basis, as to
31child abuse or neglect occurring on that institution’s premises or
32at an official activity of, or program conducted by, the institution.
33Nothing in this paragraph shall be construed as altering the
34lawyer-client privilege as set forth in Article 3 (commencing with
35Section 950) of Chapter 4 of Division 8 of the Evidence Code.

36(42) An athletic coach, athletic administrator, or athletic director
37employed by any public or private school that provides any
38combination of instruction for kindergarten, or grades 1 to 12,
39inclusive.

P74   1(43) (A) A commercial computer technician as specified in
2subdivision (e) of Section 11166. As used in this article,
3“commercial computer technician” means a person who works for
4a company that is in the business of repairing, installing, or
5otherwise servicing a computer or computer component, including,
6but not limited to, a computer part, device, memory storage or
7recording mechanism, auxiliary storage recording or memory
8capacity, or any other material relating to the operation and
9maintenance of a computer or computer network system, for a fee.
10An employer who provides an electronic communications service
11or a remote computing service to the public shall be deemed to
12comply with this article if that employer complies with Section
132258A of Title 18 of the United States Code.

14(B) An employer of a commercial computer technician may
15implement internal procedures for facilitating reporting consistent
16with this article. These procedures may direct employees who are
17mandated reporters under this paragraph to report materials
18described in subdivision (e) of Section 11166 to an employee who
19is designated by the employer to receive the reports. An employee
20who is designated to receive reports under this subparagraph shall
21be a commercial computer technician for purposes of this article.
22A commercial computer technician who makes a report to the
23designated employee pursuant to this subparagraph shall be deemed
24to have complied with the requirements of this article and shall be
25subject to the protections afforded to mandated reporters, including,
26but not limited to, those protections afforded by Section 11172.

27(44) Any athletic coach, including, but not limited to, an
28assistant coach or a graduate assistant involved in coaching, at
29public or private postsecondary educational institutions.

30(45) An individual certified by a licensed foster family agency
31as a certified family home, as defined in Section 1506 of the Health
32and Safety Code.

33(46) An individual approved as a resource family, as defined in
34Section 1517 of the Health and Safety Code and Section 16519.5
35of the Welfare and Institutions Code.

36(b) Except as provided in paragraph (35) of subdivision (a),
37volunteers of public or private organizations whose duties require
38direct contact with and supervision of children are not mandated
39reporters but are encouraged to obtain training in the identification
40and reporting of child abuse and neglect and are further encouraged
P75   1to report known or suspected instances of child abuse or neglect
2to an agency specified in Section 11165.9.

3(c) Except as provided in subdivision (d), employers are strongly
4encouraged to provide their employees who are mandated reporters
5with training in the duties imposed by this article. This training
6shall include training in child abuse and neglect identification and
7training in child abuse and neglect reporting. Whether or not
8employers provide their employees with training in child abuse
9and neglect identification and reporting, the employers shall
10provide their employees who are mandated reporters with the
11statement required pursuant to subdivision (a) of Section 11166.5.

12(d) Pursuant to Section 44691 of the Education Code, school
13districts, county offices of education, state special schools and
14diagnostic centers operated by the State Department of Education,
15and charter schools shall annually train their employees and persons
16working on their behalf specified in subdivision (a) in the duties
17of mandated reporters under the child abuse reporting laws. The
18training shall include, but not necessarily be limited to, training in
19child abuse and neglect identification and child abuse and neglect
20reporting.

21(e) (1) On and after January 1, 2018, pursuant to Section
221596.8662 of the Health and Safety Code, a child care licensee
23applicant shall take training in the duties of mandated reporters
24under the child abuse reporting laws as a condition of licensure,
25and a child care administrator or an employee of a licensed child
26day care facility shall take training in the duties of mandated
27reporters during the first 90 days when he or she is employed by
28the facility.

29(2) A person specified in paragraph (1) who becomes a licensee,
30administrator, or employee of a licensed child day care facility
31shall take renewal mandated reporter training every two years
32following the date on which he or she completed the initial
33mandated reporter training. The training shall include, but not
34necessarily be limited to, training in child abuse and neglect
35identification and child abuse and neglect reporting.

36(f) Unless otherwise specifically provided, the absence of
37training shall not excuse a mandated reporter from the duties
38imposed by this article.

39(g) Public and private organizations are encouraged to provide
40their volunteers whose duties require direct contact with and
P76   1supervision of children with training in the identification and
2reporting of child abuse and neglect.

3

begin deleteSEC. 24.end delete
4
begin insertSEC. 34.end insert  

Section 1541 of the Probate Code is amended to read:

5

1541.  

In addition to the other required contents of the petition
6for appointment of a guardian, the petition shall include both of
7the following:

8(a) A statement by the proposed guardian that, upon request by
9an agency referred to in Section 1543 for information relating to
10the investigation referred to in that section, the proposed guardian
11will promptly submit the information required.

12(b) A disclosure of any petition for adoption by the proposed
13guardian of the minor who is the subject of the guardianship
14petition regardless of when or where filed.

15(c) A statement whether or not the home of the proposed
16guardian is a licensed foster family home, a certified family home
17of a licensed foster family agency, or a resource family home
18approved by a county or a licensed foster family agency.

19

begin deleteSEC. 25.end delete
20
begin insertSEC. 35.end insert  

Section 1543 of the Probate Code is amended to read:

21

1543.  

(a) If the petition as filed or as amended states that an
22adoption petition has been filed, a report with respect to the
23suitability of the proposed guardian for guardianship shall be filed
24with the court by the agency investigating the adoption. In other
25cases, the local agency designated by the board of supervisors to
26provide public social services shall file a report with the court with
27respect to the proposed guardian of the same character required to
28be made with regard to an applicant for foster family home
29licensure, or, on and after January 1, 2020, resource family
30approval, as described in Section 16519.5 of the Welfare and
31Institutions Code.

32(b) The report filed with the court pursuant to this section is
33confidential. The report may be considered by the court and shall
34be made available only to the persons who have been served in
35the proceeding and the persons who have appeared in the
36proceeding or their attorneys. The report may be received in
37evidence upon stipulation of counsel for all of those persons who
38are present at the hearing or, if a person is present at the hearing
39but is not represented by counsel, upon consent of that person.

P77   1

begin deleteSEC. 26.end delete
2
begin insertSEC. 36.end insert  

Section 291 of the Welfare and Institutions Code, as
3amended by Section 5 of Chapter 219 of the Statutes of 2015, is
4amended to read:

5

291.  

After the initial petition hearing, the clerk of the court
6shall cause the notice to be served in the following manner:

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

8(1) The mother.

9(2) The father or fathers, presumed and alleged.

10(3) The legal guardian or guardians.

11(4) The child, if the child is 10 years of age or older.

12(5) Any known sibling of the child who is the subject of the
13hearing if that sibling either is the subject of a dependency
14 proceeding or has been adjudged to be a dependent child of the
15juvenile court. If the sibling is 10 years of age or older, the sibling,
16the sibling’s caregiver, and the sibling’s attorney. If the sibling is
17under 10 years of age, the sibling’s caregiver and the sibling’s
18attorney. However, notice is not required to be given to any sibling
19whose matter is calendared in the same court on the same day.

20(6) Each attorney of record unless counsel of record is present
21in court when the hearing is scheduled, then no further notice need
22be given.

23(7) If there is no parent or guardian residing in California, or if
24the residence is unknown, then to any adult relative residing within
25the county, or, if none, the adult relative residing nearest the court.

26(8) If the hearing is a dispositional hearing that is also serving
27as a permanency hearing pursuant to subdivision (f) of Section
28361.5, notice shall be given to the current caregiver for the child,
29including foster parents, relative caregivers, preadoptive parents,
30nonrelative extended family members, and resource family. Any
31person notified may attend all hearings and may submit any
32information he or she deems relevant to the court in writing.

33(b) No notice is required for a parent whose parental rights have
34been terminated.

35(c) Notice shall be served as follows:

36(1) If the child is detained, the notice shall be given to the
37persons required to be noticed as soon as possible, and at least five
38days before the hearing, unless the hearing is set less than five
39days and then at least 24 hours prior to the hearing.

P78   1(2) If the child is not detained, the notice shall be given to those
2persons required to be noticed at least 10 days prior to the date of
3the hearing.

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

5(1) The name and address of the person notified.

6(2) The nature of the hearing.

7(3) Each section and subdivision under which the proceeding
8has been initiated.

9(4) The date, time, and place of the hearing.

10(5) The name of the child upon whose behalf the petition has
11been brought.

12(6) A statement that:

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

14(B) The child, parent, guardian, Indian custodian, or adult
15relative to whom notice is required to be given pursuant to
16paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
17have an attorney present at the hearing.

18(C) If the parent, guardian, Indian custodian, or adult relative
19noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
20(a) is indigent and cannot afford an attorney, and desires to be
21represented by an attorney, the parent, guardian, Indian custodian,
22or adult relative shall promptly notify the clerk of the juvenile
23court.

24(D) If an attorney is appointed to represent the parent, guardian,
25Indian custodian, or adult relative, the represented person shall be
26liable for all or a portion of the costs to the extent of his or her
27ability to pay.

28(E) The parent, guardian, Indian custodian, or adult relative may
29be liable for the costs of support of the child in any out-of-home
30placement.

31(7) A copy of the petition.

32(e) Service of the notice of the hearing shall be given in the
33following manner:

34(1) If the child is detained and the persons required to be noticed
35are not present at the initial petition hearing, they shall be noticed
36by personal service or by certified mail, return receipt requested.

37(2) If the child is detained and the persons required to be noticed
38are present at the initial petition hearing, they shall be noticed by
39personal service or by first-class mail.

P79   1(3) If the child is not detained, the persons required to be noticed
2shall be noticed by personal service or by first-class mail, unless
3the person to be served is known to reside outside the county, in
4which case service shall be by first-class mail.

5(4) Except as provided in subdivisions (g), (h), and (i), notice
6may be served by electronic mail in lieu of notice by first-class
7mail if the county, or city and county, and the court choose to
8permit service by electronic mail and the person to be served has
9consented to service by electronic mail by signing Judicial Council
10Form EFS-005.

11(f) Any of the notices required to be given under this section or
12Sections 290.1 and 290.2 may be waived by a party in person or
13through his or her attorney, or by a signed written waiver filed on
14or before the date scheduled for the hearing.

15(g) If the court knows or has reason to know that an Indian child
16is involved, notice shall be given in accordance with Section 224.2.

17(h) Except as provided in subdivision (i), if notice is required
18to be provided to a child pursuant to paragraph (4) or (5) of
19subdivision (a), written notice may be served on the child by
20electronic mail only if all of the following requirements are
21satisfied:

22(1) The county, or city and county, and the court choose to
23permit service by electronic mail.

24(2) The child is 16 years of age or older.

25(3) The child has consented to service by electronic mail by
26signing Judicial Council Form EFS-005.

27(4) The attorney for the child has consented to service of the
28minor by electronic mail by signing Judicial Council Form
29EFS-005.

30(i) If notice is required to be provided to a child pursuant to
31paragraph (4) or (5) of subdivision (a), written notice may be served
32on the child by electronic mail as well as by regular mail if all of
33the following requirements are satisfied:

34(1) The county, or city and county, and the court choose to
35permit service by electronic mail.

36(2) The child is 14 or 15 years of age.

37(3) The child has consented to service by electronic mail by
38signing Judicial Council Form EFS-005.

P80   1(4) The attorney for the child has consented to service of the
2minor by electronic mail by signing Judicial Council Form
3EFS-005.

4(j) This section shall remain in effect only until January 1, 2019,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2019, deletes or extends that date.

7

begin deleteSEC. 27.end delete
8
begin insertSEC. 37.end insert  

Section 291 of the Welfare and Institutions Code, as
9added by Section 6 of Chapter 219 of the Statutes of 2015, is
10amended to read:

11

291.  

After the initial petition hearing, the clerk of the court
12shall cause the notice to be served in the following manner:

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

14(1) The mother.

15(2) The father or fathers, presumed and alleged.

16(3) The legal guardian or guardians.

17(4) The child, if the child is 10 years of age or older.

18(5) Any known sibling of the child who is the subject of the
19hearing if that sibling either is the subject of a dependency
20 proceeding or has been adjudged to be a dependent child of the
21juvenile court. If the sibling is 10 years of age or older, the sibling,
22the sibling’s caregiver, and the sibling’s attorney. If the sibling is
23under 10 years of age, the sibling’s caregiver and the sibling’s
24attorney. However, notice is not required to be given to any sibling
25whose matter is calendared in the same court on the same day.

26(6) Each attorney of record unless counsel of record is present
27in court when the hearing is scheduled, then no further notice need
28be given.

29(7) If there is no parent or guardian residing in California, or if
30the residence is unknown, then to any adult relative residing within
31the county, or, if none, the adult relative residing nearest the court.

32(8) If the hearing is a dispositional hearing that is also serving
33as a permanency hearing pursuant to subdivision (f) of Section
34361.5, notice shall be given to the current caregiver for the child,
35including foster parents, relative caregivers, preadoptive parents,
36nonrelative extended family members, and resource family. Any
37person notified may attend all hearings and may submit any
38information he or she deems relevant to the court in writing.

39(b) No notice is required for a parent whose parental rights have
40been terminated.

P81   1(c) Notice shall be served as follows:

2(1) If the child is detained, the notice shall be given to the
3persons required to be noticed as soon as possible, and at least five
4days before the hearing, unless the hearing is set less than five
5days and then at least 24 hours prior to the hearing.

6(2) If the child is not detained, the notice shall be given to those
7persons required to be noticed at least 10 days prior to the date of
8the hearing.

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

10(1) The name and address of the person notified.

11(2) The nature of the hearing.

12(3) Each section and subdivision under which the proceeding
13has been initiated.

14(4) The date, time, and place of the hearing.

15(5) The name of the child upon whose behalf the petition has
16been brought.

17(6) A statement that:

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

19(B) The child, parent, guardian, Indian custodian, or adult
20relative to whom notice is required to be given pursuant to
21paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
22have an attorney present at the hearing.

23(C) If the parent, guardian, Indian custodian, or adult relative
24noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
25(a) is indigent and cannot afford an attorney, and desires to be
26represented by an attorney, the parent, guardian, Indian custodian,
27or adult relative shall promptly notify the clerk of the juvenile
28court.

29(D) If an attorney is appointed to represent the parent, guardian,
30Indian custodian, or adult relative, the represented person shall be
31liable for all or a portion of the costs to the extent of his or her
32ability to pay.

33(E) The parent, guardian, Indian custodian, or adult relative may
34be liable for the costs of support of the child in any out-of-home
35placement.

36(7) A copy of the petition.

37(e) Service of the notice of the hearing shall be given in the
38following manner:

P82   1(1) If the child is detained and the persons required to be noticed
2are not present at the initial petition hearing, they shall be noticed
3by personal service or by certified mail, return receipt requested.

4(2) If the child is detained and the persons required to be noticed
5are present at the initial petition hearing, they shall be noticed by
6personal service or by first-class mail.

7(3) If the child is not detained, the persons required to be noticed
8shall be noticed by personal service or by first-class mail, unless
9the person to be served is known to reside outside the county, in
10which case service shall be by first-class mail.

11(f) Any of the notices required to be given under this section or
12Sections 290.1 and 290.2 may be waived by a party in person or
13through his or her attorney, or by a signed written waiver filed on
14or before the date scheduled for the hearing.

15(g) If the court knows or has reason to know that an Indian child
16is involved, notice shall be given in accordance with Section 224.2.

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

18

begin deleteSEC. 28.end delete
19
begin insertSEC. 38.end insert  

Section 293 of the Welfare and Institutions Code, as
20amended by Section 9 of Chapter 219 of the Statutes of 2015, is
21amended to read:

22

293.  

The social worker or probation officer shall give notice
23of the review hearings held pursuant to Section 366.21, 366.22,
24or 366.25 in the following manner:

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

26(1) The mother.

27(2) The presumed father or any father receiving services.

28(3) The legal guardian or guardians.

29(4) The child, if the child is 10 years of age or older.

30(5) Any known sibling of the child who is the subject of the
31hearing if that sibling either is the subject of a dependency
32proceeding or has been adjudged to be a dependent child of the
33juvenile court. If the sibling is 10 years of age or older, the sibling,
34the sibling’s caregiver, and the sibling’s attorney. If the sibling is
35under 10 years of age, the sibling’s caregiver and the sibling’s
36attorney. However, notice is not required to be given to any sibling
37whose matter is calendared in the same court on the same day.

38(6) In the case of a child removed from the physical custody of
39his or her parent or legal guardian, the current caregiver of the
40child, including the foster parents, relative caregivers, preadoptive
P83   1parents, nonrelative extended family members, resource family,
2community care facility, or foster family agency having custody
3of the child. In a case in which a foster family agency is notified
4of the hearing pursuant to this section, and the child resides in a
5foster home certified by the foster family agency, the foster family
6agency shall provide timely notice of the hearing to the child’s
7caregivers.

8(7) Each attorney of record if that attorney was not present at
9the time that the hearing was set by the court.

10(b) No notice is required for a parent whose parental rights have
11been terminated. On and after January 1, 2012, in the case of a
12nonminor dependent, as described in subdivision (v) of Section
1311400, no notice is required for a parent.

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

16(d) The notice shall contain a statement regarding the nature of
17the hearing to be held and any change in the custody or status of
18the child being recommended by the supervising agency. If the
19notice is to the child, parent or parents, or legal guardian or
20guardians, the notice shall also advise them of the right to be
21present, the right to be represented by counsel, the right to request
22counsel, and the right to present evidence. The notice shall also
23state that if the parent or parents or legal guardian or guardians
24fail to appear, the court may proceed without them.

25(e) Service of the notice shall be by first-class mail addressed
26to the last known address of the person to be noticed or by personal
27service on the person. Service of a copy of the notice shall be by
28personal service or by certified mail, return receipt requested, or
29any other form of notice that is equivalent to service by first-class
30mail. Except as provided in subdivisions (g), (h), and (i), notice
31may be served by electronic mail in lieu of notice by first-class
32mail if the county, or city and county, and the court choose to
33permit service by electronic mail and the person to be served has
34consented to service by electronic mail by signing Judicial Council
35Form EFS-005.

36(f) Notice to the current caregiver of the child, including a foster
37parent, a relative caregiver, a preadoptive parent, a nonrelative
38extended family member, a resource family, a certified foster parent
39who has been approved for adoption, or the State Department of
40Social Services when it is acting as an adoption agency or by a
P84   1county adoption agency, shall indicate that the person notified may
2attend all hearings or may submit any information he or she deems
3relevant to the court in writing.

4(g) If the social worker or probation officer knows or has reason
5to know that an Indian child is involved, notice shall be given in
6accordance with Section 224.2.

7(h) Except as provided in subdivision (i), if notice is required
8to be provided to a child pursuant to paragraph (4) or (5) of
9subdivision (a), written notice may be served on the child by
10electronic mail only if all of the following requirements are
11satisfied:

12(1) The county, or city and county, and the court choose to
13permit service by electronic mail.

14(2) The child is 16 years of age or older.

15(3) The child has consented to service by electronic mail by
16signing Judicial Council Form EFS-005.

17(4) The attorney for the child has consented to service of the
18minor by electronic mail by signing Judicial Council Form
19EFS-005.

20(i) If notice is required to be provided to a child pursuant to
21paragraph (4) or (5) of subdivision (a), written notice may be served
22on the child by electronic mail as well as by regular mail if all of
23the following requirements are satisfied:

24(1) The county, or city and county, and the court choose to
25permit service by electronic mail.

26(2) The child is 14 or 15 years of age.

27(3) The child has consented to service by electronic mail by
28signing Judicial Council Form EFS-005.

29(4) The attorney for the child has consented to service of the
30minor by electronic mail by signing Judicial Council Form
31EFS-005.

32(j) This section shall remain in effect only until January 1, 2019,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2019, deletes or extends that date.

35

begin deleteSEC. 29.end delete
36
begin insertSEC. 39.end insert  

Section 293 of the Welfare and Institutions Code, as
37added by Section 10 of Chapter 219 of the Statutes of 2015, is
38amended to read:

P85   1

293.  

The social worker or probation officer shall give notice
2of the review hearings held pursuant to Section 366.21, 366.22,
3or 366.25 in the following manner:

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

5(1) The mother.

6(2) The presumed father or any father receiving services.

7(3) The legal guardian or guardians.

8(4) The child, if the child is 10 years of age or older.

9(5) Any known sibling of the child who is the subject of the
10hearing if that sibling either is the subject of a dependency
11proceeding or has been adjudged to be a dependent child of the
12juvenile court. If the sibling is 10 years of age or older, the sibling,
13the sibling’s caregiver, and the sibling’s attorney. If the sibling is
14under 10 years of age, the sibling’s caregiver and the sibling’s
15attorney. However, notice is not required to be given to any sibling
16whose matter is calendared in the same court on the same day.

17(6) In the case of a child removed from the physical custody of
18his or her parent or legal guardian, the current caregiver of the
19child, including the foster parents, relative caregivers, preadoptive
20parents, nonrelative extended family members, resource family,
21community care facility, or foster family agency having custody
22of the child. In a case in which a foster family agency is notified
23of the hearing pursuant to this section, and the child resides in a
24foster home certified by the foster family agency, the foster family
25agency shall provide timely notice of the hearing to the child’s
26caregivers.

27(7) Each attorney of record if that attorney was not present at
28the time that the hearing was set by the court.

29(b) No notice is required for a parent whose parental rights have
30been terminated. On and after January 1, 2012, in the case of a
31nonminor dependent, as described in subdivision (v) of Section
3211400, no notice is required for a parent.

33(c) The notice of hearing shall be served not earlier than 30
34days, nor later than 15 days, before the hearing.

35(d) The notice shall contain a statement regarding the nature of
36the hearing to be held and any change in the custody or status of
37the child being recommended by the supervising agency. If the
38notice is to the child, parent or parents, or legal guardian or
39guardians, the notice shall also advise them of the right to be
40present, the right to be represented by counsel, the right to request
P86   1counsel, and the right to present evidence. The notice shall also
2state that if the parent or parents or legal guardian or guardians
3fail to appear, the court may proceed without them.

4(e) Service of the notice shall be by first-class mail addressed
5to the last known address of the person to be noticed or by personal
6service on the person. Service of a copy of the notice shall be by
7personal service or by certified mail, return receipt requested, or
8any other form of notice that is equivalent to service by first-class
9mail.

10(f) Notice to the current caregiver of the child, including a foster
11 parent, a relative caregiver, a preadoptive parent, a nonrelative
12extended family member, a resource family, a certified foster parent
13who has been approved for adoption, or the State Department of
14Social Services when it is acting as an adoption agency or by a
15county adoption agency, shall indicate that the person notified may
16attend all hearings or may submit any information he or she deems
17relevant to the court in writing.

18(g) If the social worker or probation officer knows or has reason
19to know that an Indian child is involved, notice shall be given in
20accordance with Section 224.2.

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

22

begin deleteSEC. 30.end delete
23
begin insertSEC. 40.end insert  

Section 294 of the Welfare and Institutions Code, as
24amended by Section 11 of Chapter 219 of the Statutes of 2015, is
25amended to read:

26

294.  

The social worker or probation officer shall give notice
27of a selection and implementation hearing held pursuant to Section
28366.26 in the following manner:

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

30(1) The mother.

31(2) The fathers, presumed and alleged.

32(3) The child, if the child is 10 years of age or older.

33(4) Any known sibling of the child who is the subject of the
34hearing if that sibling either is the subject of a dependency
35proceeding or has been adjudged to be a dependent child of the
36juvenile court. If the sibling is 10 years of age or older, the sibling,
37the sibling’s caregiver, and the sibling’s attorney. If the sibling is
38under 10 years of age, the sibling’s caregiver and the sibling’s
39attorney. However, notice is not required to be given to any sibling
40whose matter is calendared in the same court on the same day.

P87   1(5) The grandparents of the child, if their address is known and
2if the parent’s whereabouts are unknown.

3(6) All counsel of record.

4(7) To any unknown parent by publication, if ordered by the
5court pursuant to paragraph (2) of subdivision (g).

6(8) The current caregiver of the child, including foster parents,
7relative caregivers, preadoptive parents, nonrelative extended
8family members, or resource family. Any person notified may
9attend all hearings and may submit any information he or she
10deems relevant to the court in writing.

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

12(1) A parent who has relinquished the child to the State
13Department of Social Services, county adoption agency, or licensed
14adoption agency for adoption, and the relinquishment has been
15accepted and filed with notice as required under Section 8700 of
16the Family Code.

17(2) An alleged father who has denied paternity and has executed
18a waiver of the right to notice of further proceedings.

19(3) A parent whose parental rights have been terminated.

20(c) (1) Service of the notice shall be completed at least 45 days
21before the hearing date. Service is deemed complete at the time
22the notice is personally delivered to the person named in the notice
23or 10 days after the notice has been placed in the mail or sent by
24electronic mail, or at the expiration of the time prescribed by the
25order for publication.

26(2) Service of notice in cases where publication is ordered shall
27be completed at least 30 days before the date of the hearing.

28(d) Regardless of the type of notice required, or the manner in
29which it is served, once the court has made the initial finding that
30notice has properly been given to the parent, or to any person
31entitled to receive notice pursuant to this section, subsequent notice
32for any continuation of a Section 366.26 hearing may be by
33first-class mail to any last known address, by an order made
34pursuant to Section 296, except as provided in paragraphs (2) and
35(3) of subdivision (h) and subdivision (i), by electronic mail if the
36county, or city and county, and the court choose to permit service
37by electronic mail and the person to be served has consented to
38service by electronic mail by signing Judicial Council Form
39EFS-005, or by any other means that the court determines is
40reasonably calculated, under any circumstance, to provide notice
P88   1of the continued hearing. However, if the recommendation changes
2from the recommendation contained in the notice previously found
3to be proper, notice shall be provided to the parent, and to any
4person entitled to receive notice pursuant to this section, regarding
5that subsequent hearing.

6(e) The notice shall contain the following information:

7(1) The date, time, and place of the hearing.

8(2) The right to appear.

9(3) The parents’ right to counsel.

10(4) The nature of the proceedings.

11(5) The recommendation of the supervising agency.

12(6) A statement that, at the time of hearing, the court is required
13to select a permanent plan of adoption, legal guardianship,
14 placement with a fit and willing relative, or another planned
15permanent living arrangement, as appropriate, for the child.

16(f) Notice to the parents may be given in any one of the
17following manners:

18(1) If the parent is present at the hearing at which the court
19schedules a hearing pursuant to Section 366.26, the court shall
20advise the parent of the date, time, and place of the proceedings,
21their right to counsel, the nature of the proceedings, and the
22requirement that at the proceedings the court shall select and
23implement a plan of adoption, legal guardianship, placement with
24a fit and willing relative, or another planned permanent living
25arrangement, as appropriate, for the child. The court shall direct
26the parent to appear for the proceedings and then direct that the
27parent be notified thereafter by first-class mail to the parent’s usual
28place of residence or business only. In lieu of notice by first-class
29mail, notice may be served by electronic mail if the county, or city
30and county, and the court choose to permit service by electronic
31mail and the person to be served has consented to service by
32electronic mail by signing Judicial Council Form EFS-005.

33(2) Certified mail, return receipt requested, to the parent’s last
34known mailing address. This notice shall be sufficient if the child
35welfare agency receives a return receipt signed by the parent.

36(3) Personal service to the parent named in the notice.

37(4) Delivery to a competent person who is at least 18 years of
38age at the parent’s usual place of residence or business, and
39thereafter mailed to the parent named in the notice by first-class
40mail at the place where the notice was delivered.

P89   1(5) If the residence of the parent is outside the state, service
2may be made as described in paragraph (1), (3), or (4) or by
3certified mail, return receipt requested.

4(6) If the recommendation of the probation officer or social
5worker is legal guardianship, placement with a fit and willing
6relative, or another planned permanent living arrangement, as
7appropriate, or, in the case of an Indian child, tribal customary
8adoption, service may be made by first-class mail to the parent’s
9usual place of residence or business. In lieu of notice by first-class
10mail, notice may be served by electronic mail if the county, or city
11and county, and the court choose to permit service by electronic
12mail and the person to be served has consented to service by
13electronic mail by signing Judicial Council Form EFS-005.

14(7) If a parent’s identity is known but his or her whereabouts
15are unknown and the parent cannot, with reasonable diligence, be
16served in any manner specified in paragraphs (1) to (6), inclusive,
17the petitioner shall file an affidavit with the court at least 75 days
18before the hearing date, stating the name of the parent and
19describing the efforts made to locate and serve the parent.

20(A) If the court determines that there has been due diligence in
21attempting to locate and serve the parent and the probation officer
22or social worker recommends adoption, service shall be to that
23parent’s attorney of record, if any, by certified mail, return receipt
24requested. If the parent does not have an attorney of record, the
25court shall order that service be made by publication of citation
26requiring the parent to appear at the date, time, and place stated in
27the citation, and that the citation be published in a newspaper
28designated as most likely to give notice to the parent. Publication
29shall be made once a week for four consecutive weeks. Whether
30notice is to the attorney of record or by publication, the court shall
31also order that notice be given to the grandparents of the child, if
32their identities and addresses are known, by first-class mail.

33(B) If the court determines that there has been due diligence in
34attempting to locate and serve the parent and the probation officer
35or social worker recommends legal guardianship, placement with
36a fit and willing relative, or another planned permanent living
37arrangement, as appropriate, no further notice is required to the
38parent, but the court shall order that notice be given to the
39grandparents of the child, if their identities and addresses are
40known, by first-class mail.

P90   1(C) In any case where the residence of the parent becomes
2known, notice shall immediately be served upon the parent as
3provided for in either paragraph (2), (3), (4), (5), or (6).

4(g) (1) If the identity of one or both of the parents, or alleged
5parents, of the child is unknown, or if the name of one or both
6parents is uncertain, then that fact shall be set forth in the affidavit
7filed with the court at least 75 days before the hearing date and
8the court, consistent with the provisions of Sections 7665 and 7666
9of the Family Code, shall issue an order dispensing with notice to
10a natural parent or possible natural parent under this section if,
11after inquiry and a determination that there has been due diligence
12in attempting to identify the unknown parent, the court is unable
13to identify the natural parent or possible natural parent and no
14person has appeared claiming to be the natural parent.

15(2) After a determination that there has been due diligence in
16attempting to identify an unknown parent pursuant to paragraph
17(1) and the probation officer or social worker recommends
18adoption, the court shall consider whether publication notice would
19be likely to lead to actual notice to the unknown parent. The court
20may order publication notice if, on the basis of all information
21before the court, the court determines that notice by publication
22is likely to lead to actual notice to the parent. If publication notice
23to an unknown parent is ordered, the court shall order the published
24citation to be directed to either the father or mother, or both, of
25the child, and to all persons claiming to be the father or mother of
26the child, naming and otherwise describing the child. An order of
27publication pursuant to this paragraph shall be based on an affidavit
28describing efforts made to identify the unknown parent or parents.
29Service made by publication pursuant to this paragraph shall
30require the unknown parent or parents to appear at the date, time,
31and place stated in the citation. Publication shall be made once a
32week for four consecutive weeks.

33(3) If the court determines that there has been due diligence in
34attempting to identify one or both of the parents, or alleged parents,
35of the child and the probation officer or social worker recommends
36legal guardianship, placement with a fit and willing relative, or
37another planned permanent living arrangement, as appropriate, no
38further notice to the parent shall be required.

39(h) (1) Notice to all counsel of record shall be by first-class
40mail, or by electronic mail if the county, or city and county, and
P91   1the court choose to permit service by electronic mail and the person
2to be served has consented to service by electronic mail by signing
3Judicial Council Form EFS-005.

4(2) Except as provided in paragraph (3), if notice is required to
5be provided to a child, written notice may be served on the child
6by electronic mail only if all of the following requirements are
7satisfied:

8(A) The county, or city and county, and the court choose to
9permit service by electronic mail.

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

11(C) The child has consented to service by electronic mail by
12signing Judicial Council Form EFS-005.

13(D) The attorney for the child has consented to service of the
14minor by electronic mail by signing Judicial Council Form
15EFS-005.

16(3) If notice is required to be provided to a child, written notice
17may be served on the child by electronic mail as well as by regular
18mail if all of the following requirements are satisfied:

19(A) The county, or city and county, and the court choose to
20permit service by electronic mail.

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

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

24(D) The attorney for the child has consented to service of the
25minor by electronic mail by signing Judicial Council Form
26EFS-005.

27(i) If the court knows or has reason to know that an Indian child
28is involved, notice shall be given in accordance with Section 224.2.

29(j) Notwithstanding subdivision (a), if the attorney of record is
30present at the time the court schedules a hearing pursuant to Section
31366.26, no further notice is required, except as required by
32subparagraph (A) of paragraph (7) of subdivision (f).

33(k) This section shall also apply to children adjudged wards
34pursuant to Section 727.31.

35(l) The court shall state the reasons on the record explaining
36why good cause exists for granting any continuance of a hearing
37held pursuant to Section 366.26 to fulfill the requirements of this
38section.

39(m) Notwithstanding any choice by a county, or city and county,
40and the court to permit service of written notice of court
P92   1proceedings by electronic mail, or consent by any person to service
2of written notice by electronic mail by signing Judicial Council
3Form EFS-005, notice of any hearing at which the county welfare
4department is recommending the termination of parental rights
5may only be served by electronic mail if supplemental and in
6addition to the other forms of notice provided for in this section.

7(n) This section shall remain in effect only until January 1, 2019,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2019, deletes or extends that date.

10

begin deleteSEC. 31.end delete
11
begin insertSEC. 41.end insert  

Section 294 of the Welfare and Institutions Code, as
12added by Section 12 of Chapter 219 of the Statutes of 2015, is
13amended to read:

14

294.  

The social worker or probation officer shall give notice
15of a selection and implementation hearing held pursuant to Section
16366.26 in the following manner:

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

18(1) The mother.

19(2) The fathers, presumed and alleged.

20(3) The child, if the child is 10 years of age or older.

21(4) Any known sibling of the child who is the subject of the
22hearing if that sibling either is the subject of a dependency
23proceeding or has been adjudged to be a dependent child of the
24juvenile court. If the sibling is 10 years of age or older, the sibling,
25the sibling’s caregiver, and the sibling’s attorney. If the sibling is
26under 10 years of age, the sibling’s caregiver and the sibling’s
27attorney. However, notice is not required to be given to any sibling
28whose matter is calendared in the same court on the same day.

29(5) The grandparents of the child, if their address is known and
30if the parent’s whereabouts are unknown.

31(6) All counsel of record.

32(7) To any unknown parent by publication, if ordered by the
33court pursuant to paragraph (2) of subdivision (g).

34(8) The current caregiver of the child, including foster parents,
35relative caregivers, preadoptive parents, nonrelative extended
36family members, or resource family. Any person notified may
37attend all hearings and may submit any information he or she
38deems relevant to the court in writing.

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

P93   1(1) A parent who has relinquished the child to the State
2Department of Social Services, county adoption agency, or licensed
3adoption agency for adoption, and the relinquishment has been
4accepted and filed with notice as required under Section 8700 of
5the Family Code.

6(2) An alleged father who has denied paternity and has executed
7a waiver of the right to notice of further proceedings.

8(3) A parent whose parental rights have been terminated.

9(c) (1) Service of the notice shall be completed at least 45 days
10before the hearing date. Service is deemed complete at the time
11the notice is personally delivered to the person named in the notice
12or 10 days after the notice has been placed in the mail, or at the
13expiration of the time prescribed by the order for publication.

14(2) Service of notice in cases where publication is ordered shall
15be completed at least 30 days before the date of the hearing.

16(d) Regardless of the type of notice required, or the manner in
17which it is served, once the court has made the initial finding that
18notice has properly been given to the parent, or to any person
19 entitled to receive notice pursuant to this section, subsequent notice
20for any continuation of a Section 366.26 hearing may be by
21first-class mail to any last known address, by an order made
22pursuant to Section 296, or by any other means that the court
23determines is reasonably calculated, under any circumstance, to
24provide notice of the continued hearing. However, if the
25recommendation changes from the recommendation contained in
26the notice previously found to be proper, notice shall be provided
27to the parent, and to any person entitled to receive notice pursuant
28to this section, regarding that subsequent hearing.

29(e) The notice shall contain the following information:

30(1) The date, time, and place of the hearing.

31(2) The right to appear.

32(3) The parents’ right to counsel.

33(4) The nature of the proceedings.

34(5) The recommendation of the supervising agency.

35(6) A statement that, at the time of hearing, the court is required
36to select a permanent plan of adoption, legal guardianship,
37placement with a fit and willing relative, or another planned
38permanent living arrangement, as appropriate, for the child.

39(f) Notice to the parents may be given in any one of the
40following manners:

P94   1(1) If the parent is present at the hearing at which the court
2schedules a hearing pursuant to Section 366.26, the court shall
3advise the parent of the date, time, and place of the proceedings,
4their right to counsel, the nature of the proceedings, and the
5requirement that at the proceedings the court shall select and
6implement a plan of adoption, legal guardianship, placement with
7a fit and willing relative, or another planned permanent living
8arrangement, as appropriate, for the child. The court shall direct
9the parent to appear for the proceedings and then direct that the
10parent be notified thereafter by first-class mail to the parent’s usual
11place of residence or business only.

12(2) Certified mail, return receipt requested, to the parent’s last
13known mailing address. This notice shall be sufficient if the child
14welfare agency receives a return receipt signed by the parent.

15(3) Personal service to the parent named in the notice.

16(4) Delivery to a competent person who is at least 18 years of
17age at the parent’s usual place of residence or business, and
18thereafter mailed to the parent named in the notice by first-class
19mail at the place where the notice was delivered.

20(5) If the residence of the parent is outside the state, service
21may be made as described in paragraph (1), (3), or (4) or by
22certified mail, return receipt requested.

23(6) If the recommendation of the probation officer or social
24worker is legal guardianship, placement with a fit and willing
25relative, or another planned permanent living arrangement, as
26appropriate, or, in the case of an Indian child, tribal customary
27adoption, service may be made by first-class mail to the parent’s
28usual place of residence or business.

29(7) If a parent’s identity is known but his or her whereabouts
30are unknown and the parent cannot, with reasonable diligence, be
31served in any manner specified in paragraphs (1) to (6), inclusive,
32the petitioner shall file an affidavit with the court at least 75 days
33before the hearing date, stating the name of the parent and
34describing the efforts made to locate and serve the parent.

35(A) If the court determines that there has been due diligence in
36attempting to locate and serve the parent and the probation officer
37or social worker recommends adoption, service shall be to that
38parent’s attorney of record, if any, by certified mail, return receipt
39requested. If the parent does not have an attorney of record, the
40court shall order that service be made by publication of citation
P95   1requiring the parent to appear at the date, time, and place stated in
2the citation, and that the citation be published in a newspaper
3designated as most likely to give notice to the parent. Publication
4shall be made once a week for four consecutive weeks. Whether
5notice is to the attorney of record or by publication, the court shall
6also order that notice be given to the grandparents of the child, if
7their identities and addresses are known, by first-class mail.

8(B) If the court determines that there has been due diligence in
9attempting to locate and serve the parent and the probation officer
10or social worker recommends legal guardianship, placement with
11a fit and willing relative, or another planned permanent living
12arrangement, as appropriate, no further notice is required to the
13parent, but the court shall order that notice be given to the
14grandparents of the child, if their identities and addresses are
15known, by first-class mail.

16(C) In any case where the residence of the parent becomes
17known, notice shall immediately be served upon the parent as
18provided for in either paragraph (2), (3), (4), (5), or (6).

19(g) (1) If the identity of one or both of the parents, or alleged
20parents, of the child is unknown, or if the name of one or both
21parents is uncertain, then that fact shall be set forth in the affidavit
22filed with the court at least 75 days before the hearing date and
23the court, consistent with the provisions of Sections 7665 and 7666
24of the Family Code, shall issue an order dispensing with notice to
25a natural parent or possible natural parent under this section if,
26after inquiry and a determination that there has been due diligence
27in attempting to identify the unknown parent, the court is unable
28to identify the natural parent or possible natural parent and no
29person has appeared claiming to be the natural parent.

30(2) After a determination that there has been due diligence in
31attempting to identify an unknown parent pursuant to paragraph
32(1) and the probation officer or social worker recommends
33adoption, the court shall consider whether publication notice would
34be likely to lead to actual notice to the unknown parent. The court
35may order publication notice if, on the basis of all information
36before the court, the court determines that notice by publication
37is likely to lead to actual notice to the parent. If publication notice
38to an unknown parent is ordered, the court shall order the published
39citation to be directed to either the father or mother, or both, of
40the child, and to all persons claiming to be the father or mother of
P96   1the child, naming and otherwise describing the child. An order of
2publication pursuant to this paragraph shall be based on an affidavit
3describing efforts made to identify the unknown parent or parents.
4Service made by publication pursuant to this paragraph shall
5require the unknown parent or parents to appear at the date, time,
6and place stated in the citation. Publication shall be made once a
7week for four consecutive weeks.

8(3) If the court determines that there has been due diligence in
9attempting to identify one or both of the parents, or alleged parents,
10of the child and the probation officer or social worker recommends
11legal guardianship, placement with a fit and willing relative, or
12another planned permanent living arrangement, as appropriate, no
13further notice to the parent shall be required.

14(h) Notice to the child and all counsel of record shall be by
15first-class mail.

16(i) If the court knows or has reason to know that an Indian child
17is involved, notice shall be given in accordance with Section 224.2.

18(j) Notwithstanding subdivision (a), if the attorney of record is
19present at the time the court schedules a hearing pursuant to Section
20366.26, no further notice is required, except as required by
21subparagraph (A) of paragraph (7) of subdivision (f).

22(k) This section shall also apply to children adjudged wards
23pursuant to Section 727.31.

24(l) The court shall state the reasons on the record explaining
25why good cause exists for granting any continuance of a hearing
26held pursuant to Section 366.26 to fulfill the requirements of this
27section.

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

29

begin deleteSEC. 32.end delete
30
begin insertSEC. 42.end insert  

Section 295 of the Welfare and Institutions Code, as
31amended by Section 13 of Chapter 219 of the Statutes of 2015, is
32amended to read:

33

295.  

The social worker or probation officer shall give notice
34of review hearings held pursuant to Sections 366.3 and 366.31 and
35for termination of jurisdiction hearings held pursuant to Section
36391 in the following manner:

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

38(1) The mother.

39(2) The presumed father.

40(3) The legal guardian or guardians.

P97   1(4) The child, if the child is 10 years of age or older, or a
2nonminor dependent.

3(5) Any known sibling of the child or nonminor dependent who
4is the subject of the hearing if that sibling either is the subject of
5a dependency proceeding or has been adjudged to be a dependent
6child of the juvenile court. If the sibling is 10 years of age or older,
7the sibling, the sibling’s caregiver, and the sibling’s attorney. If
8the sibling is under 10 years of age, the sibling’s caregiver and the
9sibling’s attorney. However, notice is not required to be given to
10any sibling whose matter is calendared in the same court on the
11same day.

12(6) The current caregiver of the child, including the foster
13parents, relative caregivers, preadoptive parents, nonrelative
14extended family members, resource family, community care
15facility, or foster family agency having physical custody of the
16 child if a child is removed from the physical custody of the parents
17or legal guardian. The person notified may attend all hearings and
18may submit any information he or she deems relevant to the court
19in writing.

20(7) The current caregiver of a nonminor dependent, as described
21in subdivision (v) of Section 11400. The person notified may attend
22all hearings and may submit for filing an original and eight copies
23of written information he or she deems relevant to the court. The
24court clerk shall provide the current parties and attorneys of record
25with a copy of the written information immediately upon receipt
26and complete, file, and distribute a proof of service.

27(8) The attorney of record if that attorney of record was not
28present at the time that the hearing was set by the court.

29(9) The alleged father or fathers, but only if the recommendation
30is to set a new hearing pursuant to Section 366.26.

31(b) No notice shall be required for a parent whose parental rights
32have been terminated or for the parent of a nonminor dependent,
33as described in subdivision (v) of Section 11400, unless the parent
34is receiving court-ordered family reunification services pursuant
35to Section 361.6.

36(c) The notice of the review hearing shall be served no earlier
37than 30 days, nor later than 15 days, before the hearing.

38(d) The notice of the review hearing shall contain a statement
39regarding the nature of the hearing to be held, any recommended
40change in the custody or status of the child, and any
P98   1recommendation that the court set a new hearing pursuant to
2Section 366.26 in order to select a more permanent plan.

3(e) Service of notice shall be by first-class mail addressed to
4the last known address of the person to be provided notice. Except
5as provided in subdivisions (g), (h), and (i), notice may be served
6by electronic mail in lieu of notice by first-class mail if the county,
7or city and county, and the court choose to permit service by
8electronic mail and the person to be served has consented to service
9by electronic mail by signing Judicial Council Form EFS-005. In
10the case of an Indian child, notice shall be by registered mail, return
11receipt requested.

12(f) If the child is ordered into a permanent plan of legal
13guardianship, and subsequently a petition to terminate or modify
14the guardianship is filed, the probation officer or social worker
15shall serve notice of the petition not less than 15 court days prior
16to the hearing on all persons listed in subdivision (a) and on the
17court that established legal guardianship if it is in another county.

18(g) If the social worker or probation officer knows or has reason
19to know that an Indian child is involved, notice shall be given in
20accordance with Section 224.2.

21(h) Except as provided in subdivision (i), if notice is required
22to be provided to a child pursuant to paragraph (4) or (5) of
23subdivision (a), written notice may be served on the child by
24electronic mail only if all of the following requirements are
25satisfied:

26(1) The county, or city and county, and the court choose to
27permit service by electronic mail.

28(2) The child is 16 years of age or older.

29(3) The child has consented to service by electronic mail by
30signing Judicial Council Form EFS-005.

31(4) The attorney for the child has consented to service of the
32minor by electronic mail by signing Judicial Council Form
33EFS-005.

34(i) If notice is required to be provided to a child pursuant to
35paragraph (4) or (5) of subdivision (a), written notice may be served
36on the child by electronic mail as well as by regular mail if all of
37the following requirements are satisfied:

38(1) The county, or city and county, and the court choose to
39permit service by electronic mail.

40(2) The child is 14 or 15 years of age.

P99   1(3) The child has consented to service by electronic mail by
2signing Judicial Council Form EFS-005.

3(4) The attorney for the child has consented to service of the
4minor by electronic mail by signing Judicial Council Form
5EFS-005.

6(j) This section shall remain in effect only until January 1, 2019,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2019, deletes or extends that date.

9

begin deleteSEC. 33.end delete
10
begin insertSEC. 43.end insert  

Section 295 of the Welfare and Institutions Code, as
11added by Section 14 of Chapter 219 of the Statutes of 2015, is
12amended to read:

13

295.  

The social worker or probation officer shall give notice
14of review hearings held pursuant to Sections 366.3 and 366.31 and
15for termination of jurisdiction hearings held pursuant to Section
16391 in the following manner:

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

18(1) The mother.

19(2) The presumed father.

20(3) The legal guardian or guardians.

21(4) The child, if the child is 10 years of age or older, or a
22nonminor dependent.

23(5) Any known sibling of the child or nonminor dependent who
24is the subject of the hearing if that sibling either is the subject of
25a dependency proceeding or has been adjudged to be a dependent
26child of the juvenile court. If the sibling is 10 years of age or older,
27the sibling, the sibling’s caregiver, and the sibling’s attorney. If
28the sibling is under 10 years of age, the sibling’s caregiver and the
29sibling’s attorney. However, notice is not required to be given to
30any sibling whose matter is calendared in the same court on the
31same day.

32(6) The current caregiver of the child, including the foster
33parents, relative caregivers, preadoptive parents, nonrelative
34extended family members, resource family, community care
35facility, or foster family agency having physical custody of the
36child if a child is removed from the physical custody of the parents
37or legal guardian. The person notified may attend all hearings and
38may submit any information he or she deems relevant to the court
39in writing.

P100  1(7) The current caregiver of a nonminor dependent, as described
2in subdivision (v) of Section 11400. The person notified may attend
3all hearings and may submit for filing an original and eight copies
4of written information he or she deems relevant to the court. The
5court clerk shall provide the current parties and attorneys of record
6with a copy of the written information immediately upon receipt
7and complete, file, and distribute a proof of service.

8(8) The attorney of record if that attorney of record was not
9present at the time that the hearing was set by the court.

10(9) The alleged father or fathers, but only if the recommendation
11is to set a new hearing pursuant to Section 366.26.

12(b) No notice shall be required for a parent whose parental rights
13have been terminated or for the parent of a nonminor dependent,
14as described in subdivision (v) of Section 11400, unless the parent
15is receiving court-ordered family reunification services pursuant
16to Section 361.6.

17(c) The notice of the review hearing shall be served no earlier
18than 30 days, nor later than 15 days, before the hearing.

19(d) The notice of the review hearing shall contain a statement
20regarding the nature of the hearing to be held, any recommended
21change in the custody or status of the child, and any
22recommendation that the court set a new hearing pursuant to
23Section 366.26 in order to select a more permanent plan.

24(e) Service of notice shall be by first-class mail addressed to
25the last known address of the person to be provided notice. In the
26case of an Indian child, notice shall be by registered mail, return
27receipt requested.

28(f) If the child is ordered into a permanent plan of legal
29guardianship, and subsequently a petition to terminate or modify
30the guardianship is filed, the probation officer or social worker
31shall serve notice of the petition not less than 15 court days prior
32to the hearing on all persons listed in subdivision (a) and on the
33court that established legal guardianship if it is in another county.

34(g) If the social worker or probation officer knows or has reason
35to know that an Indian child is involved, notice shall be given in
36accordance with Section 224.2.

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

38begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 309 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
39amended to read:end insert

P101  1

309.  

(a) Upon delivery to the social worker of a child who has
2been taken into temporary custody under this article, the social
3worker shall immediately investigate the circumstances of the child
4and the facts surrounding the child’s being taken into custody and
5attempt to maintain the child with the child’s family through the
6provision of services. The social worker shall immediately release
7the child to the custody of the child’s parent, guardian, or
8responsible relative, regardless of the parent’s, guardian’s, or
9relative’s immigration status, unless one or more of the following
10conditions exist:

11(1) The child has no parent, guardian, or responsible relative;
12or the child’s parent, guardian, or responsible relative is not willing
13to provide care for the child.

14(2) Continued detention of the child is a matter of immediate
15and urgent necessity for the protection of the child and there are
16no reasonable means by which the child can be protected in his or
17her home or the home of a responsible relative.

18(3) There is substantial evidence that a parent, guardian, or
19custodian of the child is likely to flee the jurisdiction of the court.

20(4) The child has left a placement in which he or she was placed
21by the juvenile court.

22(5) The parent or other person having lawful custody of the
23child voluntarily surrendered physical custody of the child pursuant
24to Section 1255.7 of the Health and Safety Code and did not
25reclaim the child within the 14-day period specified in subdivision
26(e) of that section.

27(b) In any case in which there is reasonable cause for believing
28that a child who is under the care of a physician and surgeon or a
29hospital, clinic, or other medical facility and cannot be immediately
30moved and is a person described in Section 300, the child shall be
31deemed to have been taken into temporary custody and delivered
32to the social worker for the purposes of this chapter while the child
33is at the office of the physician and surgeon or the medical facility.

34(c) If the child is not released to his or her parent or guardian,
35the child shall be deemed detained for purposes of this chapter.

36(d) (1) If an able and willing relative, as defined in Section 319,
37or an able and willing nonrelative extended family member, as
38defined in Section 362.7, is available and requests temporary
39placement of the child pending the detention hearing, or after the
40detention hearing and pending the dispositional hearing conducted
P102  1pursuant to Section 358, the county welfare department shall
2initiate an assessment of the relative’s or nonrelative extended
3family member’s suitability, which shall include an in-home
4inspection to assess the safety of the home and the ability of the
5relative or nonrelative extended family member to care for the
6child’s needs, and a consideration of the results of a criminal
7records check conducted pursuant to subdivision (a) of Section
816504.5 and a check of allegations of prior child abuse or neglect
9concerning the relative or nonrelative extended family member
10and other adults in the home. A relative’s identification card from
11a foreign consulate or foreign passport shall be considered a valid
12form of identification for conducting a criminal records check and
13fingerprint clearance check under this subdivision. Upon
14completion of this assessment, the child may be placedbegin insert on an
15emergency basisend insert
in the assessed home.begin delete For purposes of this
16paragraph, and except for the criminal records check conducted
17pursuant to subdivision (a) of Section 16504.5, the standards used
18to determine suitability shall be the same standards set forth in the
19regulations for the licensing of foster family homes.end delete

20(2) begin deleteImmediately following the end deletebegin insertFollowing the emergency end insert
21placement of a child in the home of a relative or a nonrelative
22extended family member, the county welfare department shall
23evaluate and approve or deny the home begin delete for purposes of AFDC-FC
24eligibility pursuant to Section 11402. The standards used to
25evaluate and grant or deny approval of the home of the relative
26and of the home of a nonrelative extended family member, as
27described in Section 362.7, shall be the same standards set forth
28in regulations for the licensing of foster family homes which
29prescribe standards of safety and sanitation for the physical plant
30and standards for basic personal care, supervision, and services
31provided by the caregiver.end delete
begin insert pursuant to Section 16519.5.end insert

begin delete

32(3) To the extent allowed by federal law, as a condition of
33receiving funding under Title IV-E of the federal Social Security
34Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative
35extended family member meets all other conditions for approval,
36except for the receipt of the Federal Bureau of Investigation’s
37criminal history information for the relative or nonrelative extended
38family member, and other adults in the home, as indicated, the
39county welfare department may approve the home and document
40that approval, if the relative or nonrelative extended family
P103  1member, and each adult in the home, has signed and submitted a
2statement that he or she has never been convicted of a crime in the
3United States, other than a traffic infraction as defined in paragraph
4(1) of subdivision (a) of Section 42001 of the Vehicle Code. If,
5after the approval has been granted, the department determines
6 that the relative or nonrelative extended family member or other
7adult in the home has a criminal record, the approval may be
8terminated.

9(4)

end delete

10begin insert(3)end insert If the criminal records check indicates that the person has
11been convicted of a crime for which the Director of Social Services
12cannot grant an exemption under Section 1522 of the Health and
13Safety Code, the child shall not be placed in the home. If the
14criminal records check indicates that the person has been convicted
15of a crime for which the Director of Social Services may grant an
16exemption under Section 1522 of the Health and Safety Code, the
17child shall not be placed in the home unless a criminal records
18exemption has been granted by the county based on substantial
19and convincing evidence to support a reasonable belief that the
20person with the criminal conviction is of such good character as
21to justify the placement and not present a risk of harm to the child.

22(e) (1) If the child is removed, the social worker shall conduct,
23within 30 days, an investigation in order to identify and locate all
24grandparents, parents of a sibling of the child, if the parent has
25legal custody of the sibling, adult siblings, and other adult relatives
26of the child, as defined in paragraph (2) of subdivision (f) of
27Section 319, including any other adult relatives suggested by the
28parents. As used in this section, “sibling” means a person related
29to the identified child by blood, adoption, or affinity through a
30common legal or biological parent. The social worker shall provide
31to all adult relatives who are located, except when that relative’s
32history of family or domestic violence makes notification
33inappropriate, within 30 days of removal of the child, written
34notification and shall also, whenever appropriate, provide oral
35notification, in person or by telephone, of all the following
36information:

37(A) The child has been removed from the custody of his or her
38parent or parents, or his or her guardians.

39(B) An explanation of the various options to participate in the
40care and placement of the child and support for the child’s family,
P104  1including any options that may be lost by failing to respond. The
2notice shall provide information about providing care for the child
3while the family receives reunification services with the goal of
4returning the child to the parent or guardian, how to become a
5begin delete foster family home or approved relative or nonrelative extended
6family member as defined in Section 362.7,end delete
begin insert resource family,end insert and
7additional services and support that are available in out-of-home
8placements. The notice shall also include information regarding
9the Kin-GAP Program (Article 4.5 (commencing with Section
1011360) of Chapter 2 of Part 3 of Division 9), the CalWORKs
11program for approved relative caregivers (Chapter 2 (commencing
12with Section 11200) of Part 3 of Division 9), adoption, and
13adoption assistance (Chapter 2.1 (commencing with Section 16115)
14of Part 4 of Division 9), as well as other options for contact with
15the child, including, but not limited to, visitation. The State
16Department of Social Services, in consultation with the County
17Welfare Directors Association of California and other interested
18stakeholders, shall develop the written notice.

19(2) The social worker shall also provide the adult relatives
20notified pursuant to paragraph (1) with a relative information form
21to provide information to the social worker and the court regarding
22the needs of the child. The form shall include a provision whereby
23the relative may request the permission of the court to address the
24court, if the relative so chooses. The Judicial Council, in
25consultation with the State Department of Social Services and the
26County Welfare Directors Association of California, shall develop
27the form.

28(3) The social worker shall use due diligence in investigating
29the names and locations of the relatives pursuant to paragraph (1),
30including, but not limited to, asking the child in an age-appropriate
31manner about relatives important to the child, consistent with the
32child’s best interest, and obtaining information regarding the
33location of the child’s adult relatives. Each county welfare
34department shall create and make public a procedure by which
35relatives of a child who has been removed from his or her parents
36or guardians may identify themselves to the county welfare
37department and be provided with the notices required by paragraphs
38(1) and (2).

P105  1

begin deleteSEC. 34.end delete
2
begin insertSEC. 45.end insert  

Section 361.2 of the Welfare and Institutions Code,
3as added by Section 48 of Chapter 773 of the Statutes of 2015, is
4amended to read:

5

361.2.  

(a) When a court orders removal of a child pursuant to
6Section 361, the court shall first determine whether there is a parent
7of the child, with whom the child was not residing at the time that
8the events or conditions arose that brought the child within the
9provisions of Section 300, who desires to assume custody of the
10child. If that parent requests custody, the court shall place the child
11with the parent unless it finds that placement with that parent would
12be detrimental to the safety, protection, or physical or emotional
13well-being of the child. The fact that the parent is enrolled in a
14certified substance abuse treatment facility that allows a dependent
15child to reside with his or her parent shall not be, for that reason
16alone, prima facie evidence that placement with that parent would
17be detrimental.

18(b) If the court places the child with that parent it may do any
19of the following:

20(1) Order that the parent become legal and physical custodian
21of the child. The court may also provide reasonable visitation by
22the noncustodial parent. The court shall then terminate its
23jurisdiction over the child. The custody order shall continue unless
24modified by a subsequent order of the superior court. The order
25of the juvenile court shall be filed in any domestic relation
26proceeding between the parents.

27(2) Order that the parent assume custody subject to the
28jurisdiction of the juvenile court and require that a home visit be
29conducted within three months. In determining whether to take
30the action described in this paragraph, the court shall consider any
31concerns that have been raised by the child’s current caregiver
32regarding the parent. After the social worker conducts the home
33visit and files his or her report with the court, the court may then
34take the action described in paragraph (1), (3), or this paragraph.
35However, nothing in this paragraph shall be interpreted to imply
36that the court is required to take the action described in this
37paragraph as a prerequisite to the court taking the action described
38in either paragraph (1) or (3).

39(3) Order that the parent assume custody subject to the
40supervision of the juvenile court. In that case the court may order
P106  1that reunification services be provided to the parent or guardian
2from whom the child is being removed, or the court may order that
3services be provided solely to the parent who is assuming physical
4custody in order to allow that parent to retain later custody without
5court supervision, or that services be provided to both parents, in
6which case the court shall determine, at review hearings held
7pursuant to Section 366, which parent, if either, shall have custody
8of the child.

9(c) The court shall make a finding either in writing or on the
10record of the basis for its determination under subdivisions (a) and
11(b).

12(d) Part 6 (commencing with Section 7950) of Division 12 of
13the Family Code shall apply to the placement of a child pursuant
14to paragraphs (1) and (2) of subdivision (e).

15(e) When the court orders removal pursuant to Section 361, the
16court shall order the care, custody, control, and conduct of the
17child to be under the supervision of the social worker who may
18place the child in any of the following:

19(1) The home of a noncustodial parent as described in
20subdivision (a), regardless of the parent’s immigration status.

21(2) The approved home of a relative, regardless of the relative’s
22immigration status.

23(3) The approved home of a nonrelative extended family
24member as defined in Section 362.7.

25(4) The approved home of a resource family as defined in
26Section 16519.5.

27(5) A foster home considering first a foster home in which the
28child has been placed before an interruption in foster care, if that
29placement is in the best interest of the child and space is available.

30(6) A home or facility in accordance with the federal Indian
31Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

32(7) A suitable licensed community care facility, except a
33runaway and homeless youth shelter licensed by the State
34Department of Social Services pursuant to Section 1502.35 of the
35Health and Safety Code.

36(8) With a foster family agency, as defined in subdivision (g)
37of Section 11400 and paragraph (4) of subdivision (a) of Section
381502 of the Health and Safety Code, to be placed in a suitable
39family home certified or approved by the agency, with prior
40approval of the county placing agency.

P107  1(9) A child of any age who is placed in a community care facility
2licensed as a group home for children or a short-term residential
3treatment center, as defined in subdivision (ad) of Section 11400
4and paragraph (18) of subdivision (a) of Section 1502 of the Health
5and Safety Code, shall have a case plan that indicates that
6placement is for purposes of providing short term, specialized, and
7intensive treatment for the child, the case plan specifies the need
8for, nature of, and anticipated duration of this treatment, pursuant
9to paragraph (2) of subdivision (c) of Section 16501.1, and the
10case plan includes transitioning the child to a less restrictive
11environment and the projected timeline by which the child will be
12transitioned to a less restrictive environment. If the placement is
13longer than six months, the placement shall be documented
14consistent with paragraph (3) of subdivision (a) of Section 16501.1
15and shall be approved by the deputy director or director of the
16county child welfare department.

17(A) A child under six years of age shall not be placed in a
18community care facility licensed as a group home for children, or
19a short-term residential treatment center, except under the following
20circumstances:

21(i) When the facility meets the applicable regulations adopted
22under Section 1530.8 of the Health and Safety Code and standards
23developed pursuant to Section 11467.1 of this code, and the deputy
24director or director of the county child welfare department has
25approved the case plan.

26(ii) The short term, specialized, and intensive treatment period
27shall not exceed 120 days, unless the county has made progress
28toward or is actively working toward implementing the case plan
29that identifies the services or supports necessary to transition the
30child to a family setting, circumstances beyond the county’s control
31have prevented the county from obtaining those services or
32supports within the timeline documented in the case plan, and the
33need for additional time pursuant to the case plan is documented
34by the caseworker and approved by a deputy director or director
35of the county child welfare department.

36(iii) To the extent that placements pursuant to this paragraph
37are extended beyond an initial 120 days, the requirements of
38clauses (i) and (ii) shall apply to each extension. In addition, the
39deputy director or director of the county child welfare department
P108  1shall approve the continued placement no less frequently than
2every 60 days.

3(iv) In addition, when a case plan indicates that placement is
4for purposes of providing family reunification services, the facility
5shall offer family reunification services that meet the needs of the
6individual child and his or her family, permit parents to have
7reasonable access to their children 24 hours a day, encourage
8extensive parental involvement in meeting the daily needs of their
9children, and employ staff trained to provide family reunification
10services. In addition, one of the following conditions exists:

11(I) The child’s parent is also under the jurisdiction of the court
12and resides in the facility.

13(II) The child’s parent is participating in a treatment program
14affiliated with the facility and the child’s placement in the facility
15facilitates the coordination and provision of reunification services.

16(III) Placement in the facility is the only alternative that permits
17the parent to have daily 24-hour access to the child in accordance
18with the case plan, to participate fully in meeting all of the daily
19needs of the child, including feeding and personal hygiene, and to
20have access to necessary reunification services.

21(B) A child who is 6 to 12 years of age, inclusive, may be placed
22in a community care facility licensed as a group home for children
23or a short-term residential treatment center under the following
24conditions.

25(i) The short-term, specialized, and intensive treatment period
26shall not exceed six months, unless the county has made progress
27or is actively working toward implementing the case plan that
28identifies the services or supports necessary to transition the child
29to a family setting, circumstances beyond the county’s control
30have prevented the county from obtaining those services or
31supports within the timeline documented in the case plan, and the
32need for additional time pursuant to the case plan is documented
33by the caseworker and approved by a deputy director or director
34of the county child welfare department.

35(ii) To the extent that placements pursuant to this paragraph are
36extended beyond an initial six months, the requirements of this
37subparagraph shall apply to each extension. In addition, the deputy
38director or director of the county child welfare department shall
39approve the continued placement no less frequently than every 60
40days.

P109  1(10) Any child placed in a short-term residential treatment center
2shall be either of the following:

3(A) A child who has been assessed as meeting one of the
4placement requirements set forth in subdivisions (d) and (e) of
5Section 11462.01.

6(B) A child under 6 years of age who is placed with his or her
7minor parent or for the purpose of reunification pursuant to clause
8(iv) of subparagraph (A) of paragraph (9).

9(11) Nothing in this subdivision shall be construed to allow a
10social worker to place any dependent child outside the United
11States, except as specified in subdivision (f).

12(f) (1) A child under the supervision of a social worker pursuant
13to subdivision (e) shall not be placed outside the United States
14prior to a judicial finding that the placement is in the best interest
15of the child, except as required by federal law or treaty.

16(2) The party or agency requesting placement of the child outside
17the United States shall carry the burden of proof and shall show,
18by clear and convincing evidence, that placement outside the
19United States is in the best interest of the child.

20(3) In determining the best interest of the child, the court shall
21consider, but not be limited to, the following factors:

22(A) Placement with a relative.

23(B) Placement of siblings in the same home.

24(C) Amount and nature of any contact between the child and
25the potential guardian or caretaker.

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

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

28(F) Social, cultural, and educational needs of the dependent
29child.

30(G) Specific desires of any dependent child who is 12 years of
31age or older.

32(4) If the court finds that a placement outside the United States
33is, by clear and convincing evidence, in the best interest of the
34child, the court may issue an order authorizing the social worker
35to make a placement outside the United States. A child subject to
36this subdivision shall not leave the United States prior to the
37issuance of the order described in this paragraph.

38(5) For purposes of this subdivision, “outside the United States”
39shall not include the lands of any federally recognized American
40Indian tribe or Alaskan Natives.

P110  1(6) This subdivision shall not apply to the placement of a
2dependent child with a parent pursuant to subdivision (a).

3(g) (1) If the child is taken from the physical custody of the
4child’s parent or guardian and unless the child is placed with
5relatives, the child shall be placed in foster care in the county of
6residence of the child’s parent or guardian in order to facilitate
7reunification of the family.

8(2) In the event that there are no appropriate placements
9available in the parent’s or guardian’s county of residence, a
10placement may be made in an appropriate place in another county,
11preferably a county located adjacent to the parent’s or guardian’s
12community of residence.

13(3) Nothing in this section shall be interpreted as requiring
14multiple disruptions of the child’s placement corresponding to
15frequent changes of residence by the parent or guardian. In
16determining whether the child should be moved, the social worker
17shall take into consideration the potential harmful effects of
18disrupting the placement of the child and the parent’s or guardian’s
19reason for the move.

20(4) When it has been determined that it is necessary for a child
21to be placed in a county other than the child’s parent’s or guardian’s
22county of residence, the specific reason the out-of-county
23placement is necessary shall be documented in the child’s case
24plan. If the reason the out-of-county placement is necessary is the
25lack of resources in the sending county to meet the specific needs
26of the child, those specific resource needs shall be documented in
27the case plan.

28(5) When it has been determined that a child is to be placed out
29of county either in a group home or with a foster family agency
30for subsequent placement in a certified foster family home, and
31the sending county is to maintain responsibility for supervision
32and visitation of the child, the sending county shall develop a plan
33of supervision and visitation that specifies the supervision and
34visitation activities to be performed and specifies that the sending
35county is responsible for performing those activities. In addition
36to the plan of supervision and visitation, the sending county shall
37document information regarding any known or suspected dangerous
38behavior of the child that indicates the child may pose a safety
39concern in the receiving county. Upon implementation of the Child
40Welfare Services Case Management System, the plan of
P111  1supervision and visitation, as well as information regarding any
2known or suspected dangerous behavior of the child, shall be made
3available to the receiving county upon placement of the child in
4the receiving county. If placement occurs on a weekend or holiday,
5the information shall be made available to the receiving county on
6or before the end of the next business day.

7(6) When it has been determined that a child is to be placed out
8of county and the sending county plans that the receiving county
9shall be responsible for the supervision and visitation of the child,
10the sending county shall develop a formal agreement between the
11sending and receiving counties. The formal agreement shall specify
12the supervision and visitation to be provided the child, and shall
13specify that the receiving county is responsible for providing the
14supervision and visitation. The formal agreement shall be approved
15and signed by the sending and receiving counties prior to placement
16of the child in the receiving county. In addition, upon completion
17of the case plan, the sending county shall provide a copy of the
18completed case plan to the receiving county. The case plan shall
19include information regarding any known or suspected dangerous
20behavior of the child that indicates the child may pose a safety
21concern to the receiving county.

22(h) Whenever the social worker must change the placement of
23the child and is unable to find a suitable placement within the
24county and must place the child outside the county, the placement
25shall not be made until he or she has served written notice on the
26parent or guardian at least 14 days prior to the placement, unless
27the child’s health or well-being is endangered by delaying the
28action or would be endangered if prior notice were given. The
29notice shall state the reasons that require placement outside the
30county. The parent or guardian may object to the placement not
31later than seven days after receipt of the notice and, upon objection,
32the court shall hold a hearing not later than five days after the
33objection and prior to the placement. The court shall order
34out-of-county placement if it finds that the child’s particular needs
35require placement outside the county.

36(i) If the court has ordered removal of the child from the physical
37custody of his or her parents pursuant to Section 361, the court
38shall consider whether the family ties and best interest of the child
39will be served by granting visitation rights to the child’s
P112  1grandparents. The court shall clearly specify those rights to the
2social worker.

3(j) If the court has ordered removal of the child from the physical
4custody of his or her parents pursuant to Section 361, the court
5shall consider whether there are any siblings under the court’s
6jurisdiction, or any nondependent siblings in the physical custody
7 of a parent subject to the court’s jurisdiction, the nature of the
8relationship between the child and his or her siblings, the
9appropriateness of developing or maintaining the sibling
10relationships pursuant to Section 16002, and the impact of the
11sibling relationships on the child’s placement and planning for
12legal permanence.

13(k) (1) An agency shall ensure placement of a child in a home
14that, to the fullest extent possible, best meets the day-to-day needs
15of the child. A home that best meets the day-to-day needs of the
16child shall satisfy all of the following criteria:

17(A) The child’s caregiver is able to meet the day-to-day health,
18safety, and well-being needs of the child.

19(B) The child’s caregiver is permitted to maintain the least
20restrictive family setting that promotes normal childhood
21experiences and that serves the day-to-day needs of the child.

22(C) The child is permitted to engage in reasonable,
23age-appropriate day-to-day activities that promote normal
24childhood experiences for the foster child.

25(2) The foster child’s caregiver shall use a reasonable and
26prudent parent standard, as defined in paragraph (2) of subdivision
27(a) of Section 362.04, to determine day-to-day activities that are
28age appropriate to meet the needs of the child. Nothing in this
29section shall be construed to permit a child’s caregiver to permit
30the child to engage in day-to-day activities that carry an
31unreasonable risk of harm, or subject the child to abuse or neglect.

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

33begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 361.3 of the end insertbegin insertWelfare and Institutions Codeend insert
34
begin insert is amended to read:end insert

35

361.3.  

(a) In any case in which a child is removed from the
36physical custody of his or her parents pursuant to Section 361,
37preferential consideration shall be given to a request by a relative
38of the child for placement of the child with the relative, regardless
39of the relative’s immigration status. In determining whether
40placement with a relative is appropriate, the county social worker
P113  1and court shall consider, but shall not be limited to, consideration
2of all the following factors:

3(1) The best interest of the child, including special physical,
4psychological, educational, medical, or emotional needs.

5(2) The wishes of the parent, the relative, and child, if
6appropriate.

7(3) The provisions of Part 6 (commencing with Section 7950)
8of Division 12 of the Family Code regarding relative placement.

9(4) Placement of siblings and half siblings in the same home,
10unless that placement is found to be contrary to the safety and
11well-being of any of the siblings, as provided in Section 16002.

12(5) The good moral character of the relative and any other adult
13living in the home, including whether any individual residing in
14the home has a prior history of violent criminal acts or has been
15responsible for acts of child abuse or neglect.

16(6) The nature and duration of the relationship between the child
17and the relative, and the relative’s desire to care for, and to provide
18legal permanency for, the child if reunification is unsuccessful.

19(7) The ability of the relative to do the following:

20(A) Provide a safe, secure, and stable environment for the child.

21(B) Exercise proper and effective care and control of the child.

22(C) Provide a home and the necessities of life for the child.

23(D) Protect the child from his or her parents.

24(E) Facilitate court-ordered reunification efforts with the parents.

25(F) Facilitate visitation with the child’s other relatives.

26(G) Facilitate implementation of all elements of the case plan.

27(H) begin insert(i)end insertbegin insertend insertProvide legal permanence for the child if reunification
28fails.

begin delete

29However,

end delete

30begin insert(ii)end insertbegin insertend insertbegin insertHowever,end insert any finding made with respect to the factor
31considered pursuant to this subparagraph and pursuant to
32subparagraph (G) shall not be the sole basis for precluding
33preferential placement with a relative.

34(I) Arrange for appropriate and safe child care, as necessary.

35(8) begin insert(A)end insertbegin insertend insertThe safety of the relative’s home. For a relative to be
36considered appropriate to receive placement of a child under this
37begin delete section,end deletebegin insert section on an emergency basis,end insert the relative’s home shall
38first bebegin delete approvedend deletebegin insert assessedend insert pursuant to the process and standards
39described in subdivision (d) of Section 309.

begin delete

40In

end delete

P114  1begin insert(B)end insertbegin insertend insertbegin insertInend insert this regard, the Legislature declares that a physical
2disability, such as blindness or deafness, is no bar to the raising
3of children, and a county social worker’s determination as to the
4ability of a disabled relative to exercise care and control should
5center upon whether the relative’s disability prevents him or her
6from exercising care and control. The court shall order the parent
7to disclose to the county social worker the names, residences, and
8any other known identifying information of any maternal or
9paternal relatives of the child. This inquiry shall not be construed,
10however, to guarantee that the child will be placed with any person
11so identified. The county social worker shall initially contact the
12relatives given preferential consideration for placement to
13determine if they desire the child to be placed with them. Those
14desiring placement shall be assessed according to the factors
15enumerated in this subdivision. The county social worker shall
16document these efforts in the social study prepared pursuant to
17Section 358.1. The court shall authorize the county social worker,
18while assessing these relatives for the possibility of placement, to
19disclose to the relative, as appropriate, the fact that the child is in
20custody, the alleged reasons for the custody, and the projected
21likely date for the child’s return home or placement for adoption
22or legal guardianship. However, this investigation shall not be
23construed as good cause for continuance of the dispositional
24hearing conducted pursuant to Section 358.

25(b) In any case in which more than one appropriate relative
26requests preferential consideration pursuant to this section, each
27relative shall be considered under the factors enumerated in
28subdivision (a). Consistent with the legislative intent for children
29to be placed immediately with a responsible relative, this section
30does not limit the county social worker’s ability to place a child
31in the home of an appropriate relative or a nonrelative extended
32family member pending the consideration of other relatives who
33have requested preferential consideration.

34(c) For purposes of this section:

35(1) “Preferential consideration” means that the relative seeking
36placement shall be the first placement to be considered and
37investigated.

38(2) “Relative” means an adult who is related to the child by
39blood, adoption, or affinity within the fifth degree of kinship,
40including stepparents, stepsiblings, and all relatives whose status
P115  1is preceded by the words “great,” “great-great,” or “grand,” or the
2spouse of any of these persons even if the marriage was terminated
3by death or dissolution. However, only the following relatives
4shall be given preferential consideration for the placement of the
5child: an adult who is a grandparent, aunt, uncle, or sibling.

6(d) Subsequent to the hearing conducted pursuant to Section
7358, whenever a new placement of the child must be made,
8consideration for placement shall again be given as described in
9this section to relatives who have not been found to be unsuitable
10and who will fulfill the child’s reunification or permanent plan
11requirements. In addition to the factors described in subdivision
12(a), the county social worker shall consider whether the relative
13has established and maintained a relationship with the child.

14(e) If the court does not place the child with a relative who has
15been considered for placement pursuant to this section, the court
16shall state for the record the reasons placement with that relative
17was denied.

18(f) (1) With respect to a child who satisfies the criteria set forth
19in paragraph (2), the department and any licensed adoption agency
20may search for a relative and furnish identifying information
21relating to the child to that relative if it is believed the child’s
22welfare will be promoted thereby.

23(2) Paragraph (1) shall apply if both of the following conditions
24are satisfied:

25(A) The child was previously a dependent of the court.

26(B) The child was previously adopted and the adoption has been
27disrupted, set aside pursuant to Section 9100 or 9102 of the Family
28Code, or the child has been released into the custody of the
29department or a licensed adoption agency by the adoptive parent
30or parents.

31(3) As used in this subdivision, “relative” includes a member
32of the child’s birth family and nonrelated extended family
33members, regardless of whether the parental rights were terminated,
34provided that both of the following are true:

35(A) No appropriate potential caretaker is known to exist from
36the child’s adoptive family, including nonrelated extended family
37members of the adoptive family.

38(B) The child was not the subject of a voluntary relinquishment
39by the birth parents pursuant to Section 8700 of the Family Code
40or Section 1255.7 of the Health and Safety Code.

P116  1begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 361.4 of the end insertbegin insertWelfare and Institutions Codeend insert
2
begin insert is amended to read:end insert

3

361.4.  

(a) Prior to placing a child in the home of a relative, or
4the home of any prospective guardian orbegin delete otherend deletebegin insert anotherend insert person who
5is not a licensed or certified fosterbegin delete parent,end deletebegin insert parent or an approved
6resource family,end insert
the county social worker shall visit the home to
7ascertain the appropriateness of the placement.

8(b) (1) Whenever a child may be placed in the home of a
9 relative,begin delete or the home of any prospective guardian or otherend deletebegin insert a
10prospective guardian, or anotherend insert
person who is not a licensed or
11certified fosterbegin delete parent,end deletebegin insert parent or an approved resource family,end insert the
12court or county social worker placing the child shall cause a
13state-level criminal records check to be conducted by an appropriate
14government agency through the California Law Enforcement
15Telecommunications System (CLETS) pursuant to Section 16504.5.
16The criminal records check shall be conducted with regard to all
17persons over 18 years of age living in the home, and on any other
18person over 18 years of age, other than professionals providing
19 professional services to the child, known to the placing entity who
20may have significant contact with the child, including any person
21who has a familial or intimate relationship with any person living
22in the home. A criminal records check may be conducted pursuant
23to this section on any person over 14 years of age living in the
24home who the county social worker believes may have a criminal
25record. Within 10 calendar days following the criminal records
26check conducted through the California Law Enforcement
27Telecommunications System, the social worker shall ensure that
28a fingerprint clearance check of the relative and any other person
29whose criminal record was obtained pursuant to this subdivision
30is initiated through the Department of Justice to ensure the accuracy
31of the criminal records check conducted through the California
32Law Enforcement Telecommunications System and shall review
33the results of any criminal records check to assess the safety of the
34home. The Department of Justice shall forward fingerprint requests
35for federal-level criminal history information to the Federal Bureau
36of Investigation pursuant to this section.

37(2) An identification card from a foreign consulate or foreign
38passport shall be considered a valid form of identification for
39conducting a criminal records check and fingerprint clearance
40check under this subdivision and under subdivision (c).

P117  1(c) Whenever a child may be placed in the home of a relative,
2begin delete or a prospective guardian or otherend deletebegin insert a prospective guardian, or
3anotherend insert
person who is not a licensed or certified fosterbegin delete parent,end delete
4begin insert parent or an approved resource family,end insert the county social worker
5shall cause a check of the Child Abuse Central Index pursuant to
6subdivision (a) of Section 11170 of the Penal Code to be requested
7from the Department of Justice. The Child Abuse Central Index
8check shall be conducted on all persons over 18 years of age living
9in the home. For any application received on or after January 1,
102008, if any person in the household is 18 years of age or older
11and has lived in another state in the preceding five years, the county
12social worker shall check the other state’s child abuse and neglect
13registry to the extent required by federal law.

14(d) (1) If the results of the California and federal criminal
15records check indicates that the person has no criminal record, the
16county social worker and court may consider the home of the
17relative, prospective guardian, or other person who is not a licensed
18or certified foster parentbegin insert or approved resource familyend insert for placement
19of a child.

20(2) If the criminal records check indicates that the person has
21been convicted of a crime that the Director of Social Services
22cannot grant an exemption for under Section 1522 of the Health
23and Safety Code, the child shall not be placed in the home. If the
24criminal records check indicates that the person has been convicted
25of a crime that the Director of Social Services may grant an
26exemption for under Section 1522 of the Health and Safety Code,
27the child shall not be placed in the home unless a criminal records
28exemption has been granted by the county, based on substantial
29and convincing evidence to support a reasonable belief that the
30person with the criminal conviction is of such good character as
31to justify the placement and not present a risk of harm to the child
32pursuant to paragraph (3).

33(3) (A) A county may issue a criminal records exemption only
34if that county has been granted permission by the Director of Social
35Services to issue criminal records exemptions. The county may
36file a request with the Director of Social Services seeking
37permission for the county to establish a procedure to evaluate and
38grant appropriate individual criminal records exemptions for
39persons described in subdivision (b). The director shall grant or
40deny the county’s request within 14 days of receipt. The county
P118  1shall evaluate individual criminal records in accordance with the
2standards and limitations set forth in paragraph (1) of subdivision
3(g) of Section 1522 of the Health and Safety Code, and in no event
4shall the county place a child in the home of a person who is
5ineligible for an exemption under that provision.

6(B) The department shall monitor county implementation of the
7authority to grant an exemption under this paragraph to ensure that
8the county evaluates individual criminal records and allows or
9disallows placements according to the standards set forth in
10paragraph (1) of subdivision (g) of Section 1522 of the Health and
11Safety Code.

12(4) The department shall conduct an evaluation of the
13implementation of paragraph (3) through random sampling of
14county exemption decisions.

15(5) The State Department of Social Services shall not evaluate
16or grant criminal records exemption requests for persons described
17in subdivision (b), unless the exemption request is made by an
18Indian tribe pursuant to subdivisionbegin delete (f).end deletebegin insert (e).end insert

19(6) If a county has not requested, or has not been granted,
20permission by the State Department of Social Services to establish
21a procedure to evaluate and grant criminal records exemptions,
22the county shall not place a child into the home of a person
23described in subdivision (b) if any person residing in the home has
24been convicted of a crime other than a minor traffic violation,
25except as provided in subdivisionbegin delete (f).end deletebegin insert (e).end insert

begin delete

26(e) Nothing in this section shall preclude a county from
27 conducting a criminal background check that the county is
28otherwise authorized to conduct using fingerprints.

29(f)

end delete

30begin insert(e)end insert The State Department of Social Services shall evaluate a
31request from an Indian tribe to exempt a crime that is exemptible
32under Section 1522 of the Health and Safety Code, if needed, to
33allow placement into an Indian home that the tribe has designated
34for placement under the federal Indian Child Welfare Act (25
35U.S.C. Sec. 1901 et seq.). However, if the county with jurisdiction
36over the child that is the subject of the tribe’s request has
37established an approved procedure pursuant to paragraph (3) of
38subdivision (d), the tribe may request that the county evaluate the
39exemption request. Once a tribe has elected to have the exemption
40request reviewed by either the State Department of Social Services
P119  1or the county, the exemption decision may only be made by that
2entity. Nothing in this subdivision limits the duty of a county social
3worker to evaluate the home for placement or to gather information
4needed to evaluate an exemption request.

5begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 361.45 of the end insertbegin insertWelfare and Institutions Codeend insert
6
begin insert is amended to read:end insert

7

361.45.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, when
8the sudden unavailability of a foster caregiver requires a change
9in placement on an emergency basis for a child who is under the
10jurisdiction of the juvenile court pursuant to Section 300, if an able
11and willing relative, as defined in Section 319, or an able and
12willing nonrelative extended family member, as defined in Section
13362.7, is available and requests temporary placement of the child
14pending resolution of the emergency situation, the county welfare
15department shall initiate an assessment of the relative’s or
16nonrelative extended family member’s suitability, which shall
17include an in-home inspection to assess the safety of the home and
18the ability of the relative or nonrelative extended family member
19to care for the child’s needs, and a consideration of the results of
20a criminal records check conducted pursuant tobegin insert subdivision (a) ofend insert
21 Section 16504.5 and a check of allegations of prior child abuse or
22neglect concerning the relative or nonrelative extended family
23member and other adults in the home. Upon completion of this
24assessment, the child may be placedbegin insert on an emergency basisend insert in the
25assessed home.begin delete For purposes of this paragraph, and except for the
26criminal records check conducted pursuant to Section 16504.5,
27the standards used to determine suitability shall be the same
28standards set forth in the regulations for the licensing of foster
29family homes.end delete

30(b) begin deleteImmediately following the end deletebegin insertFollowing the emergency end insert
31placement of a child in the home of a relative or a nonrelative
32extended family member, the county welfare department shall
33evaluate and approve or deny the home begin delete for purposes of AFDC-FC
34eligibility pursuant to Section 11402. The standards used to
35evaluate and grant or deny approval of the home of the relative
36and of the home of a nonrelative extended family member, as
37described in Section 362.7, shall be the same standards set forth
38in regulations for the licensing of foster family homes which
39prescribe standards of safety and sanitation for the physical plant
P120  1and standards for basic personal care, supervision, and services
2provided by the caregiver.end delete
begin insert pursuant to Section 16519.5.end insert

begin delete

3(c) If a relative or nonrelative extended family member, and
4other adults in the home, as indicated, meets all other conditions
5for approval, except for the receipt of the Federal Bureau of
6Investigation’s criminal history information for the relative or
7nonrelative extended family member, the county welfare
8department may approve the home and document that approval,
9if the relative or nonrelative extended family member, and each
10adult in the home, has signed and submitted a statement that he or
11she has never been convicted of a crime in the United States, other
12than a traffic infraction as defined in paragraph (1) of subdivision
13(a) of Section 42001 of the Vehicle Code. If, after the approval
14has been granted, the department determines that the relative or
15nonrelative extended family member or other adult in the home
16has a criminal record, the approval may be terminated.

17(d)

end delete

18begin insert(c)end insert (1) On and after January 1, 2012, if a nonminor dependent,
19as defined in subdivision (v) of Section 11400, is placed in the
20home of a relative or nonrelative extended family member, the
21home shall be approved using the same standards set forth in
22regulations as described in Section 1502.7 of the Health and Safety
23Code.

24(2) On or before July 1, 2012, the department, in consultation
25with representatives of the Legislature, the County Welfare
26Directors Association, the Chief Probation Officers of California,
27the California Youth Connection, the Judicial Council, former
28foster youth, child advocacy organizations, dependency counsel
29for children, juvenile justice advocacy organizations, foster
30caregiver organizations, labor organizations, and representatives
31of Indian tribes, shall revise regulations regarding health and safety
32standards for approving relative homes in which nonminor
33dependents, as defined in subdivision (v) of Section 11400, of the
34juvenile court are placed under the responsibility of the county
35welfare or probation department, or an Indian tribe that entered
36into an agreement pursuant to Section 10553.1.

37(3) Notwithstanding the Administrative Procedure Act (Chapter
383.5 (commencing with Section 11340) of Part 1 of Division 3 of
39Title 2 of the Government Code), the department, in consultation
40with the stakeholders listed in paragraph (2), shall prepare for
P121  1implementation of the applicable provisions of this section by
2publishing all-county letters or similar instructions from the director
3by October 1, 2011, to be effective January 1, 2012. Emergency
4regulations to implement this section may be adopted by the
5director in accordance with the Administrative Procedure Act. The
6initial adoption of the emergency regulations and one readoption
7of the initial regulations shall be deemed to be an emergency and
8necessary for the immediate preservation of the public peace,
9health, safety, or general welfare. Initial emergency regulations
10and the first readoption of those emergency regulations shall be
11exempt from review by the Office of Administrative Law. The
12emergency regulations authorized by this section shall be submitted
13to the Office of Administrative Law for filing with the Secretary
14of State and shall remain in effect for no more than 180 days.

15

begin deleteSEC. 35.end delete
16
begin insertSEC. 49.end insert  

Section 361.5 of the Welfare and Institutions Code
17 is amended to read:

18

361.5.  

(a) Except as provided in subdivision (b), or when the
19parent has voluntarily relinquished the child and the relinquishment
20has been filed with the State Department of Social Services, or
21upon the establishment of an order of guardianship pursuant to
22Section 360, or when a court adjudicates a petition under Section
23329 to modify the court’s jurisdiction from delinquency jurisdiction
24to dependency jurisdiction pursuant to subparagraph (A) of
25paragraph (2) of subdivision (b) of Section 607.2 and the parents
26or guardian of the ward have had reunification services terminated
27under the delinquency jurisdiction, whenever a child is removed
28from a parent’s or guardian’s custody, the juvenile court shall order
29the social worker to provide child welfare services to the child and
30the child’s mother and statutorily presumed father or guardians.
31Upon a finding and declaration of paternity by the juvenile court
32or proof of a prior declaration of paternity by any court of
33competent jurisdiction, the juvenile court may order services for
34the child and the biological father, if the court determines that the
35services will benefit the child.

36(1) Family reunification services, when provided, shall be
37provided as follows:

38(A) Except as otherwise provided in subparagraph (C), for a
39child who, on the date of initial removal from the physical custody
40of his or her parent or guardian, was three years of age or older,
P122  1court-ordered services shall be provided beginning with the
2dispositional hearing and ending 12 months after the date the child
3 entered foster care as provided in Section 361.49, unless the child
4is returned to the home of the parent or guardian.

5(B) For a child who, on the date of initial removal from the
6physical custody of his or her parent or guardian, was under three
7years of age, court-ordered services shall be provided for a period
8of six months from the dispositional hearing as provided in
9subdivision (e) of Section 366.21, but no longer than 12 months
10from the date the child entered foster care as provided in Section
11361.49 unless the child is returned to the home of the parent or
12guardian.

13(C) For the purpose of placing and maintaining a sibling group
14together in a permanent home should reunification efforts fail, for
15a child in a sibling group whose members were removed from
16parental custody at the same time, and in which one member of
17the sibling group was under three years of age on the date of initial
18removal from the physical custody of his or her parent or guardian,
19court-ordered services for some or all of the sibling group may be
20limited as set forth in subparagraph (B). For the purposes of this
21paragraph, “a sibling group” shall mean two or more children who
22are related to each other as full or half siblings.

23(2) Any motion to terminate court-ordered reunification services
24prior to the hearing set pursuant to subdivision (f) of Section 366.21
25for a child described by subparagraph (A) of paragraph (1), or
26prior to the hearing set pursuant to subdivision (e) of Section
27366.21 for a child described by subparagraph (B) or (C) of
28paragraph (1), shall be made pursuant to the requirements set forth
29in subdivision (c) of Section 388. A motion to terminate
30court-ordered reunification services shall not be required at the
31hearing set pursuant to subdivision (e) of Section 366.21 if the
32court finds by clear and convincing evidence one of the following:

33(A) That the child was removed initially under subdivision (g)
34of Section 300 and the whereabouts of the parent are still unknown.

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

36(C) That the parent has been convicted of a felony indicating
37parental unfitness.

38(3) Notwithstanding subparagraphs (A), (B), and (C) of
39paragraph (1), court-ordered services may be extended up to a
40maximum time period not to exceed 18 months after the date the
P123  1child was originally removed from physical custody of his or her
2parent or guardian if it can be shown, at the hearing held pursuant
3to subdivision (f) of Section 366.21, that the permanent plan for
4the child is that he or she will be returned and safely maintained
5in the home within the extended time period. The court shall extend
6the time period only if it finds that there is a substantial probability
7that the child will be returned to the physical custody of his or her
8parent or guardian within the extended time period or that
9reasonable services have not been provided to the parent or
10guardian. In determining whether court-ordered services may be
11extended, the court shall consider the special circumstances of an
12incarcerated or institutionalized parent or parents, parent or parents
13court-ordered to a residential substance abuse treatment program,
14or a parent who has been arrested and issued an immigration hold,
15detained by the United States Department of Homeland Security,
16or deported to his or her country of origin, including, but not
17limited to, barriers to the parent’s or guardian’s access to services
18and ability to maintain contact with his or her child. The court
19shall also consider, among other factors, good faith efforts that the
20parent or guardian has made to maintain contact with the child. If
21the court extends the time period, the court shall specify the factual
22basis for its conclusion that there is a substantial probability that
23the child will be returned to the physical custody of his or her
24parent or guardian within the extended time period. The court also
25shall make findings pursuant to subdivision (a) of Section 366 and
26subdivision (e) of Section 358.1.

27When counseling or other treatment services are ordered, the
28parent or guardian shall be ordered to participate in those services,
29unless the parent’s or guardian’s participation is deemed by the
30court to be inappropriate or potentially detrimental to the child, or
31unless a parent or guardian is incarcerated of detained by the United
32States Department of Homeland Security and the corrections
33facility in which he or she is incarcerated does not provide access
34to the treatment services ordered by the court, or has been deported
35to his or her country of origin and services ordered by the court
36are not accessible in that country. Physical custody of the child by
37the parents or guardians during the applicable time period under
38subparagraph (A), (B), or (C) of paragraph (1) shall not serve to
39interrupt the running of the time period. If at the end of the
40applicable time period, a child cannot be safely returned to the
P124  1care and custody of a parent or guardian without court supervision,
2but the child clearly desires contact with the parent or guardian,
3the court shall take the child’s desire into account in devising a
4permanency plan.

5In cases where the child was under three years of age on the date
6of the initial removal from the physical custody of his or her parent
7or guardian or is a member of a sibling group as described in
8subparagraph (C) of paragraph (1), the court shall inform the parent
9or guardian that the failure of the parent or guardian to participate
10regularly in any court-ordered treatment programs or to cooperate
11or avail himself or herself of services provided as part of the child
12welfare services case plan may result in a termination of efforts
13to reunify the family after six months. The court shall inform the
14parent or guardian of the factors used in subdivision (e) of Section
15366.21 to determine whether to limit services to six months for
16some or all members of a sibling group as described in
17subparagraph (C) of paragraph (1).

18(4) Notwithstanding paragraph (3), court-ordered services may
19be extended up to a maximum time period not to exceed 24 months
20after the date the child was originally removed from physical
21custody of his or her parent or guardian if it is shown, at the hearing
22held pursuant to subdivision (b) of Section 366.22, that the
23permanent plan for the child is that he or she will be returned and
24safely maintained in the home within the extended time period.
25The court shall extend the time period only if it finds that it is in
26the child’s best interest to have the time period extended and that
27there is a substantial probability that the child will be returned to
28the physical custody of his or her parent or guardian who is
29described in subdivision (b) of Section 366.22 within the extended
30time period, or that reasonable services have not been provided to
31the parent or guardian. If the court extends the time period, the
32court shall specify the factual basis for its conclusion that there is
33a substantial probability that the child will be returned to the
34physical custody of his or her parent or guardian within the
35extended time period. The court also shall make findings pursuant
36to subdivision (a) of Section 366 and subdivision (e) of Section
37358.1.

38When counseling or other treatment services are ordered, the
39parent or guardian shall be ordered to participate in those services,
40in order for substantial probability to be found. Physical custody
P125  1of the child by the parents or guardians during the applicable time
2period under subparagraph (A), (B), or (C) of paragraph (1) shall
3not serve to interrupt the running of the time period. If at the end
4of the applicable time period, the child cannot be safely returned
5to the care and custody of a parent or guardian without court
6supervision, but the child clearly desires contact with the parent
7or guardian, the court shall take the child’s desire into account in
8devising a permanency plan.

9Except in cases where, pursuant to subdivision (b), the court
10does not order reunification services, the court shall inform the
11parent or parents of Section 366.26 and shall specify that the
12parent’s or parents’ parental rights may be terminated.

13(b) Reunification services need not be provided to a parent or
14guardian described in this subdivision when the court finds, by
15clear and convincing evidence, any of the following:

16(1) That the whereabouts of the parent or guardian is unknown.
17A finding pursuant to this paragraph shall be supported by an
18affidavit or by proof that a reasonably diligent search has failed
19to locate the parent or guardian. The posting or publication of
20notices is not required in that search.

21(2) That the parent or guardian is suffering from a mental
22disability that is described in Chapter 2 (commencing with Section
237820) of Part 4 of Division 12 of the Family Code and that renders
24him or her incapable of utilizing those services.

25(3) That the child or a sibling of the child has been previously
26adjudicated a dependent pursuant to any subdivision of Section
27300 as a result of physical or sexual abuse, that following that
28adjudication the child had been removed from the custody of his
29or her parent or guardian pursuant to Section 361, that the child
30has been returned to the custody of the parent or guardian from
31whom the child had been taken originally, and that the child is
32being removed pursuant to Section 361, due to additional physical
33or sexual abuse.

34(4) That the parent or guardian of the child has caused the death
35of another child through abuse or neglect.

36(5) That the child was brought within the jurisdiction of the
37court under subdivision (e) of Section 300 because of the conduct
38of that parent or guardian.

39(6) That the child has been adjudicated a dependent pursuant
40to any subdivision of Section 300 as a result of severe sexual abuse
P126  1or the infliction of severe physical harm to the child, a sibling, or
2a half sibling by a parent or guardian, as defined in this subdivision,
3and the court makes a factual finding that it would not benefit the
4child to pursue reunification services with the offending parent or
5guardian.

6A finding of severe sexual abuse, for the purposes of this
7subdivision, may be based on, but is not limited to, sexual
8intercourse, or stimulation involving genital-genital, oral-genital,
9anal-genital, or oral-anal contact, whether between the parent or
10guardian and the child or a sibling or half sibling of the child, or
11between the child or a sibling or half sibling of the child and
12another person or animal with the actual or implied consent of the
13parent or guardian; or the penetration or manipulation of the
14child’s, sibling’s, or half sibling’s genital organs or rectum by any
15animate or inanimate object for the sexual gratification of the
16parent or guardian, or for the sexual gratification of another person
17with the actual or implied consent of the parent or guardian.

18A finding of the infliction of severe physical harm, for the
19purposes of this subdivision, may be based on, but is not limited
20to, deliberate and serious injury inflicted to or on a child’s body
21or the body of a sibling or half sibling of the child by an act or
22omission of the parent or guardian, or of another individual or
23animal with the consent of the parent or guardian; deliberate and
24torturous confinement of the child, sibling, or half sibling in a
25closed space; or any other torturous act or omission that would be
26reasonably understood to cause serious emotional damage.

27(7) That the parent is not receiving reunification services for a
28sibling or a half sibling of the child pursuant to paragraph (3), (5),
29or (6).

30(8) That the child was conceived by means of the commission
31of an offense listed in Section 288 or 288.5 of the Penal Code, or
32by an act committed outside of this state that, if committed in this
33state, would constitute one of those offenses. This paragraph only
34applies to the parent who committed the offense or act.

35(9) That the child has been found to be a child described in
36 subdivision (g) of Section 300; that the parent or guardian of the
37child willfully abandoned the child, and the court finds that the
38abandonment itself constituted a serious danger to the child; or
39that the parent or other person having custody of the child
40voluntarily surrendered physical custody of the child pursuant to
P127  1Section 1255.7 of the Health and Safety Code. For the purposes
2of this paragraph, “serious danger” means that without the
3intervention of another person or agency, the child would have
4sustained severe or permanent disability, injury, illness, or death.
5For purposes of this paragraph, “willful abandonment” shall not
6be construed as actions taken in good faith by the parent without
7the intent of placing the child in serious danger.

8(10) That the court ordered termination of reunification services
9for any siblings or half siblings of the child because the parent or
10guardian failed to reunify with the sibling or half sibling after the
11sibling or half sibling had been removed from that parent or
12guardian pursuant to Section 361 and that parent or guardian is
13the same parent or guardian described in subdivision (a) and that,
14according to the findings of the court, this parent or guardian has
15not subsequently made a reasonable effort to treat the problems
16that led to removal of the sibling or half sibling of that child from
17that parent or guardian.

18(11) That the parental rights of a parent over any sibling or half
19sibling of the child had been permanently severed, and this parent
20is the same parent described in subdivision (a), and that, according
21to the findings of the court, this parent has not subsequently made
22a reasonable effort to treat the problems that led to removal of the
23sibling or half sibling of that child from the parent.

24(12) That the parent or guardian of the child has been convicted
25of a violent felony, as defined in subdivision (c) of Section 667.5
26of the Penal Code.

27(13) That the parent or guardian of the child has a history of
28extensive, abusive, and chronic use of drugs or alcohol and has
29resisted prior court-ordered treatment for this problem during a
30three-year period immediately prior to the filing of the petition
31that brought that child to the court’s attention, or has failed or
32refused to comply with a program of drug or alcohol treatment
33described in the case plan required by Section 358.1 on at least
34two prior occasions, even though the programs identified were
35available and accessible.

36(14) That the parent or guardian of the child has advised the
37court that he or she is not interested in receiving family
38maintenance or family reunification services or having the child
39returned to or placed in his or her custody and does not wish to
40receive family maintenance or reunification services.

P128  1The parent or guardian shall be represented by counsel and shall
2execute a waiver of services form to be adopted by the Judicial
3Council. The court shall advise the parent or guardian of any right
4to services and of the possible consequences of a waiver of
5services, including the termination of parental rights and placement
6of the child for adoption. The court shall not accept the waiver of
7services unless it states on the record its finding that the parent or
8guardian has knowingly and intelligently waived the right to
9services.

10(15) That the parent or guardian has on one or more occasions
11willfully abducted the child or child’s sibling or half sibling from
12his or her placement and refused to disclose the child’s or child’s
13sibling’s or half sibling’s whereabouts, refused to return physical
14custody of the child or child’s sibling or half sibling to his or her
15 placement, or refused to return physical custody of the child or
16child’s sibling or half sibling to the social worker.

17(16) That the parent or guardian has been required by the court
18to be registered on a sex offender registry under the federal Adam
19Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
2016913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
21Child Abuse Prevention and Treatment Act of 2006 (42 U.S.C.
22Sec. 5106a(2)(B)(xvi)(VI)).

23(c) In deciding whether to order reunification in any case in
24which this section applies, the court shall hold a dispositional
25hearing. The social worker shall prepare a report that discusses
26whether reunification services shall be provided. When it is alleged,
27pursuant to paragraph (2) of subdivision (b), that the parent is
28incapable of utilizing services due to mental disability, the court
29shall order reunification services unless competent evidence from
30mental health professionals establishes that, even with the provision
31of services, the parent is unlikely to be capable of adequately caring
32for the child within the time limits specified in subdivision (a).

33The court shall not order reunification for a parent or guardian
34described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12),
35(13), (14), (15), or (16) of subdivision (b) unless the court finds,
36by clear and convincing evidence, that reunification is in the best
37interest of the child.

38In addition, the court shall not order reunification in any situation
39described in paragraph (5) of subdivision (b) unless it finds that,
40based on competent testimony, those services are likely to prevent
P129  1reabuse or continued neglect of the child or that failure to try
2reunification will be detrimental to the child because the child is
3closely and positively attached to that parent. The social worker
4shall investigate the circumstances leading to the removal of the
5child and advise the court whether there are circumstances that
6indicate that reunification is likely to be successful or unsuccessful
7and whether failure to order reunification is likely to be detrimental
8to the child.

9The failure of the parent to respond to previous services, the fact
10that the child was abused while the parent was under the influence
11of drugs or alcohol, a past history of violent behavior, or testimony
12by a competent professional that the parent’s behavior is unlikely
13to be changed by services are among the factors indicating that
14reunification services are unlikely to be successful. The fact that
15a parent or guardian is no longer living with an individual who
16severely abused the child may be considered in deciding that
17reunification services are likely to be successful, provided that the
18court shall consider any pattern of behavior on the part of the parent
19that has exposed the child to repeated abuse.

20(d) If reunification services are not ordered pursuant to
21paragraph (1) of subdivision (b) and the whereabouts of a parent
22become known within six months of the out-of-home placement
23of the child, the court shall order the social worker to provide
24family reunification services in accordance with this subdivision.

25(e) (1) If the parent or guardian is incarcerated, institutionalized,
26or detained by the United States Department of Homeland Security,
27or has been deported to his or her country of origin, the court shall
28order reasonable services unless the court determines, by clear and
29convincing evidence, those services would be detrimental to the
30child. In determining detriment, the court shall consider the age
31of the child, the degree of parent-child bonding, the length of the
32sentence, the length and nature of the treatment, the nature of the
33crime or illness, the degree of detriment to the child if services are
34not offered and, for children 10 years of age or older, the child’s
35attitude toward the implementation of family reunification services,
36the likelihood of the parent’s discharge from incarceration,
37institutionalization, or detention within the reunification time
38limitations described in subdivision (a), and any other appropriate
39factors. In determining the content of reasonable services, the court
40shall consider the particular barriers to an incarcerated,
P130  1institutionalized, detained, or deported parent’s access to those
2court-mandated services and ability to maintain contact with his
3or her child, and shall document this information in the child’s
4case plan. Reunification services are subject to the applicable time
5limitations imposed in subdivision (a). Services may include, but
6shall not be limited to, all of the following:

7(A) Maintaining contact between the parent and child through
8collect telephone calls.

9(B) Transportation services,begin delete whereend deletebegin insert whenend insert appropriate.

10(C) Visitation services,begin delete whereend deletebegin insert whenend insert appropriate.

11(D) Reasonable services to extended family members or foster
12parents providing care for the child if the services are not
13detrimental to the child.

14An incarcerated or detained parent may be required to attend
15counseling, parenting classes, or vocational training programs as
16part of the reunification service plan if actual access to these
17services is provided. The social worker shall document in the
18child’s case plan the particular barriers to an incarcerated,
19institutionalized, or detained parent’s access to those
20court-mandated services and ability to maintain contact with his
21or her child.

22(E) Reasonable efforts to assist parents who have been deported
23to contact child welfare authorities in their country of origin, to
24identify any available services that would substantially comply
25with case plan requirements, to document the parents’ participation
26in those services, and to accept reports from local child welfare
27authorities as to the parents’ living situation, progress, and
28participation in services.

29(2) The presiding judge of the juvenile court of each county
30may convene representatives of the county welfare department,
31the sheriff’s department, and other appropriate entities for the
32purpose of developing and entering into protocols for ensuring the
33notification, transportation, and presence of an incarcerated or
34institutionalized parent at all court hearings involving proceedings
35affecting the child pursuant to Section 2625 of the Penal Code.
36The county welfare department shall utilize the prisoner locator
37system developed by the Department of Corrections and
38Rehabilitation to facilitate timely and effective notice of hearings
39for incarcerated parents.

P131  1(3) Notwithstanding any other law, if the incarcerated parent is
2a woman seeking to participate in the community treatment
3program operated by the Department of Corrections and
4Rehabilitation pursuant to Chapter 4.8 (commencing with Section
51174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
63410) of Title 2 of Part 3 of, the Penal Code, the court shall
7determine whether the parent’s participation in a program is in the
8child’s best interest and whether it is suitable to meet the needs of
9the parent and child.

10(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7),
11 (8), (9), (10), (11), (12), (13), (14), (15), or (16) of subdivision (b)
12or paragraph (1) of subdivision (e), does not order reunification
13services, it shall, at the dispositional hearing, that shall include a
14permanency hearing, determine if a hearing under Section 366.26
15shall be set in order to determine whether adoption, guardianship,
16placement with a fit and willing relative, or another planned
17permanent living arrangement, or in the case of an Indian child,
18in consultation with the child’s tribe, tribal customary adoption,
19is the most appropriate plan for the child, and shall consider in-state
20and out-of-state placement options. If the court so determines, it
21shall conduct the hearing pursuant to Section 366.26 within 120
22days after the dispositional hearing. However, the court shall not
23schedule a hearing so long as the other parent is being provided
24reunification services pursuant to subdivision (a). The court may
25continue to permit the parent to visit the child unless it finds that
26visitation would be detrimental to the child.

27(g) (1) Whenever a court orders that a hearing shall be held
28pursuant to Section 366.26, including, when, in consultation with
29the child’s tribe, tribal customary adoption is recommended, it
30shall direct the agency supervising the child and the county
31adoption agency, or the State Department of Social Services when
32it is acting as an adoption agency, to prepare an assessment that
33shall include:

34(A) Current search efforts for an absent parent or parents and
35notification of a noncustodial parent in the manner provided for
36in Section 291.

37(B) A review of the amount of and nature of any contact between
38the child and his or her parents and other members of his or her
39extended family since the time of placement. Although the
40extended family of each child shall be reviewed on a case-by-case
P132  1basis, “extended family” for the purpose of this subparagraph shall
2include, but not be limited to, the child’s siblings, grandparents,
3aunts, and uncles.

4(C) An evaluation of the child’s medical, developmental,
5scholastic, mental, and emotional status.

6(D) A preliminary assessment of the eligibility and commitment
7of any identified prospective adoptive parent or guardian, including
8a prospective tribal customary adoptive parent, particularly the
9caretaker, to include a social history, including screening for
10criminal records and prior referrals for child abuse or neglect, the
11capability to meet the child’s needs, and the understanding of the
12legal and financial rights and responsibilities of adoption and
13guardianship. If a proposed guardian is a relative of the minor, the
14assessment shall also consider, but need not be limited to, all of
15the factors specified in subdivision (a) of Section 361.3 and in
16Section 361.4. As used in this subparagraph, “relative” means an
17adult who is related to the minor by blood, adoption, or affinity
18within the fifth degree of kinship, including stepparents,
19stepsiblings, and all relatives whose status is preceded by the words
20“great,” “great-great,” or “grand,” or the spouse of any of those
21persons even if the marriage was terminated by death or
22dissolution. If the proposed permanent plan is guardianship with
23an approved relative caregiver for a minor eligible for aid under
24the Kin-GAP Program, as provided for in Article 4.7 (commencing
25with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
26as used in this section has the same meaning as “relative” as
27defined in subdivision (c) of Section 11391.

28(E) The relationship of the child to any identified prospective
29adoptive parent or guardian, including a prospective tribal
30customary parent, the duration and character of the relationship,
31the degree of attachment of the child to the prospective relative
32guardian or adoptive parent, the relative’s or adoptive parent’s
33strong commitment to caring permanently for the child, the
34motivation for seeking adoption or guardianship, a statement from
35the child concerning placement and the adoption or guardianship,
36and whether the child over 12 years of age has been consulted
37about the proposed relative guardianship arrangements, unless the
38child’s age or physical, emotional, or other condition precludes
39his or her meaningful response, and if so, a description of the
40condition.

P133  1(F) An analysis of the likelihood that the child will be adopted
2if parental rights are terminated.

3(G) In the case of an Indian child, in addition to subparagraphs
4(A) to (F), inclusive, an assessment of the likelihood that the child
5will be adopted, when, in consultation with the child’s tribe, a
6customary adoption, as defined in Section 366.24, is recommended.
7If tribal customary adoption is recommended, the assessment shall
8include an analysis of both of the following:

9(i) Whether tribal customary adoption would or would not be
10detrimental to the Indian child and the reasons for reaching that
11conclusion.

12(ii) Whether the Indian child cannot or should not be returned
13to the home of the Indian parent or Indian custodian and the reasons
14for reaching that conclusion.

15(2) (A) A relative caregiver’s preference for legal guardianship
16over adoption, if it is due to circumstances that do not include an
17unwillingness to accept legal or financial responsibility for the
18child, shall not constitute the sole basis for recommending removal
19of the child from the relative caregiver for purposes of adoptive
20placement.

21(B) Regardless of his or her immigration status, a relative
22caregiver shall be given information regarding the permanency
23options of guardianship and adoption, including the long-term
24benefits and consequences of each option, prior to establishing
25legal guardianship or pursuing adoption. If the proposed permanent
26plan is guardianship with an approved relative caregiver for a
27minor eligible for aid under the Kin-GAP Program, as provided
28for in Article 4.7 (commencing with Section 11385) of Chapter 2
29of Part 3 of Division 9, the relative caregiver shall be informed
30about the terms and conditions of the negotiated agreement
31pursuant to Section 11387 and shall agree to its execution prior to
32the hearing held pursuant to Section 366.26. A copy of the executed
33negotiated agreement shall be attached to the assessment.

34(h) If, at any hearing held pursuant to Section 366.26, a
35guardianship is established for the minor with an approved relative
36caregiver and juvenile court dependency is subsequently dismissed,
37the minor shall be eligible for aid under the Kin-GAP Program as
38provided for in Article 4.5 (commencing with Section 11360) or
39Article 4.7 (commencing with Section 11385) of Chapter 2 of Part
403 of Division 9, as applicable.

P134  1(i) In determining whether reunification services will benefit
2the child pursuant to paragraph (6) or (7) of subdivision (b), the
3court shall consider any information it deems relevant, including
4the following factors:

5(1) The specific act or omission comprising the severe sexual
6abuse or the severe physical harm inflicted on the child or the
7child’s sibling or half sibling.

8(2) The circumstances under which the abuse or harm was
9inflicted on the child or the child’s sibling or half sibling.

10(3) The severity of the emotional trauma suffered by the child
11or the child’s sibling or half sibling.

12(4) Any history of abuse of other children by the offending
13parent or guardian.

14(5) The likelihood that the child may be safely returned to the
15care of the offending parent or guardian within 12 months with no
16continuing supervision.

17(6) Whether or not the child desires to be reunified with the
18offending parent or guardian.

19(j) When the court determines that reunification services will
20not be ordered, it shall order that the child’s caregiver receive the
21child’s birth certificate in accordance with Sections 16010.4 and
2216010.5. Additionally, when the court determines that reunification
23services will not be ordered, it shall order, when appropriate, that
24a child who is 16 years of age or older receive his or her birth
25certificate.

26(k) The court shall read into the record the basis for a finding
27of severe sexual abuse or the infliction of severe physical harm
28under paragraph (6) of subdivision (b), and shall also specify the
29factual findings used to determine that the provision of
30reunification services to the offending parent or guardian would
31not benefit the child.

32

begin deleteSEC. 36.end delete
33
begin insertSEC. 50.end insert  

Section 366.26 of the Welfare and Institutions Code
34 is amended to read:

35

366.26.  

(a) This section applies to children who are adjudged
36dependent children of the juvenile court pursuant to subdivision
37(d) of Section 360. The procedures specified herein are the
38exclusive procedures for conducting these hearings; Part 2
39(commencing with Section 3020) of Division 8 of the Family Code
40is not applicable to these proceedings. Section 8616.5 of the Family
P135  1Code is applicable and available to all dependent children meeting
2the requirements of that section, if the postadoption contact
3agreement has been entered into voluntarily. For children who are
4adjudged dependent children of the juvenile court pursuant to
5subdivision (d) of Section 360, this section and Sections 8604,
68605, 8606, and 8700 of the Family Code and Chapter 5
7(commencing with Section 7660) of Part 3 of Division 12 of the
8Family Code specify the exclusive procedures for permanently
9terminating parental rights with regard to, or establishing legal
10guardianship of, the child while the child is a dependent child of
11the juvenile court.

12(b) At the hearing, which shall be held in juvenile court for all
13children who are dependents of the juvenile court, the court, in
14order to provide stable, permanent homes for these children, shall
15review the report as specified in Section 361.5, 366.21, 366.22, or
16366.25, shall indicate that the court has read and considered it,
17shall receive other evidence that the parties may present, and then
18shall make findings and orders in the following order of preference:

19(1) Terminate the rights of the parent or parents and order that
20the child be placed for adoption and, upon the filing of a petition
21for adoption in the juvenile court, order that a hearing be set. The
22court shall proceed with the adoption after the appellate rights of
23the natural parents have been exhausted.

24(2) Order, without termination of parental rights, the plan of
25tribal customary adoption, as described in Section 366.24, through
26tribal custom, traditions, or law of the Indian child’s tribe, and
27upon the court affording the tribal customary adoption order full
28faith and credit at the continued selection and implementation
29hearing, order that a hearing be set pursuant to paragraph (2) of
30subdivision (e).

31(3) Appoint a relative or relatives with whom the child is
32currently residing as legal guardian or guardians for the child, and
33order that letters of guardianship issue.

34(4) On making a finding under paragraph (3) of subdivision (c),
35identify adoption or tribal customary adoption as the permanent
36placement goal and order that efforts be made to locate an
37appropriate adoptive family for the child within a period not to
38exceed 180 days.

39(5) Appoint a nonrelative legal guardian for the child and order
40that letters of guardianship issue.

P136  1(6) Order that the child be permanently placed with a fit and
2willing relative, subject to the periodic review of the juvenile court
3under Section 366.3.

4(7) Order that the child remain in foster care, subject to the
5conditions described in paragraph (4) of subdivision (c) and the
6periodic review of the juvenile court under Section 366.3.

7In choosing among the above alternatives the court shall proceed
8pursuant to subdivision (c).

9(c) (1) If the court determines, based on the assessment provided
10as ordered under subdivision (i) of Section 366.21, subdivision (b)
11of Section 366.22, or subdivision (b) of Section 366.25, and any
12other relevant evidence, by a clear and convincing standard, that
13it is likely the child will be adopted, the court shall terminate
14parental rights and order the child placed for adoption. The fact
15that the child is not yet placed in a preadoptive home nor with a
16relative or foster family who is prepared to adopt the child, shall
17not constitute a basis for the court to conclude that it is not likely
18the child will be adopted. A finding under subdivision (b) or
19paragraph (1) of subdivision (e) of Section 361.5 that reunification
20services shall not be offered, under subdivision (e) of Section
21366.21 that the whereabouts of a parent have been unknown for
22six months or that the parent has failed to visit or contact the child
23for six months, or that the parent has been convicted of a felony
24indicating parental unfitness, or, under Section 366.21 or 366.22,
25that the court has continued to remove the child from the custody
26of the parent or guardian and has terminated reunification services,
27shall constitute a sufficient basis for termination of parental rights.
28Under these circumstances, the court shall terminate parental rights
29unless either of the following applies:

30(A) The child is living with a relative who is unable or unwilling
31to adopt the child because of circumstances that do not include an
32unwillingness to accept legal or financial responsibility for the
33child, but who is willing and capable of providing the child with
34a stable and permanent environment through legal guardianship,
35and the removal of the child from the custody of his or her relative
36would be detrimental to the emotional well-being of the child. For
37purposes of an Indian child, “relative” shall include an “extended
38family member,” as defined in the federal Indian Child Welfare
39Act of 1978 (25 U.S.C. Sec. 1903(2)).

P137  1(B) The court finds a compelling reason for determining that
2termination would be detrimental to the child due to one or more
3of the following circumstances:

4(i) The parents have maintained regular visitation and contact
5with the child and the child would benefit from continuing the
6relationship.

7(ii) A child 12 years of age or older objects to termination of
8parental rights.

9(iii) The child is placed in a residential treatment facility,
10adoption is unlikely or undesirable, and continuation of parental
11rights will not prevent finding the child a permanent family
12placement if the parents cannot resume custody when residential
13care is no longer needed.

14(iv) The child is living with a foster parent or Indian custodian
15who is unable or unwilling to adopt the child because of
16exceptional circumstances, that do not include an unwillingness
17to accept legal or financial responsibility for the child, but who is
18willing and capable of providing the child with a stable and
19permanent environment and the removal of the child from the
20physical custody of his or her foster parent or Indian custodian
21would be detrimental to the emotional well-being of the child. This
22clause does not apply to any child who is either (I) under six years
23of age or (II) a member of a sibling group where at least one child
24is under six years of age and the siblings are, or should be,
25permanently placed together.

26(v) There would be substantial interference with a child’s sibling
27relationship, taking into consideration the nature and extent of the
28relationship, including, but not limited to, whether the child was
29raised with a sibling in the same home, whether the child shared
30significant common experiences or has existing close and strong
31bonds with a sibling, and whether ongoing contact is in the child’s
32best interest, including the child’s long-term emotional interest,
33as compared to the benefit of legal permanence through adoption.

34(vi) The child is an Indian child and there is a compelling reason
35for determining that termination of parental rights would not be
36in the best interest of the child, including, but not limited to:

37(I) Termination of parental rights would substantially interfere
38with the child’s connection to his or her tribal community or the
39child’s tribal membership rights.

P138  1(II) The child’s tribe has identified guardianship, foster care
2with a fit and willing relative, tribal customary adoption, or another
3planned permanent living arrangement for the child.

4(III) The child is a nonminor dependent, and the nonminor and
5the nonminor’s tribe have identified tribal customary adoption for
6the nonminor.

7(C) For purposes of subparagraph (B), in the case of tribal
8customary adoptions, Section 366.24 shall apply.

9(D) If the court finds that termination of parental rights would
10be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
11(v), or (vi), it shall state its reasons in writing or on the record.

12(2) The court shall not terminate parental rights if:

13(A) At each hearing at which the court was required to consider
14reasonable efforts or services, the court has found that reasonable
15efforts were not made or that reasonable services were not offered
16or provided.

17(B) In the case of an Indian child:

18(i) At the hearing terminating parental rights, the court has found
19that active efforts were not made as required in Section 361.7.

20(ii) The court does not make a determination at the hearing
21terminating parental rights, supported by evidence beyond a
22reasonable doubt, including testimony of one or more “qualified
23expert witnesses” as defined in Section 224.6, that the continued
24custody of the child by the parent is likely to result in serious
25emotional or physical damage to the child.

26(iii) The court has ordered tribal customary adoption pursuant
27to Section 366.24.

28(3) If the court finds that termination of parental rights would
29not be detrimental to the child pursuant to paragraph (1) and that
30the child has a probability for adoption but is difficult to place for
31adoption and there is no identified or available prospective adoptive
32parent, the court may identify adoption as the permanent placement
33goal and, without terminating parental rights, order that efforts be
34made to locate an appropriate adoptive family for the child, within
35the state or out of the state, within a period not to exceed 180 days.
36During this 180-day period, the public agency responsible for
37seeking adoptive parents for each child shall, to the extent possible,
38ask each child who is 10 years of age or older to identify any
39individuals, other than the child’s siblings, who are important to
40the child, in order to identify potential adoptive parents. The public
P139  1agency may ask any other child to provide that information, as
2appropriate. During the 180-day period, the public agency shall,
3to the extent possible, contact other private and public adoption
4agencies regarding the availability of the child for adoption. During
5the 180-day period, the public agency shall conduct the search for
6adoptive parents in the same manner as prescribed for children in
7Sections 8708 and 8709 of the Family Code. At the expiration of
8this period, another hearing shall be held and the court shall
9proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision
10(b). For purposes of this section, a child may only be found to be
11difficult to place for adoption if there is no identified or available
12prospective adoptive parent for the child because of the child’s
13membership in a sibling group, or the presence of a diagnosed
14medical, physical, or mental handicap, or the child is seven years
15of age or older.

16(4) (A) If the court finds that adoption of the child or
17termination of parental rights is not in the best interest of the child,
18because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
19(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
20applies, the court shall order that the present caretakers or other
21appropriate persons shall become legal guardians of the child, or,
22in the case of an Indian child, consider a tribal customary adoption
23pursuant to Section 366.24. Legal guardianship shall be considered
24before continuing the child in foster care under any other permanent
25plan, if it is in the best interests of the child and if a suitable
26guardian can be found. If the child continues in foster care, the
27court shall make factual findings identifying any barriers to
28achieving adoption, tribal customary adoption in the case of an
29Indian child, legal guardianship, or placement with a fit and willing
30relative as of the date of the hearing. A child who is 10 years of
31age or older, shall be asked to identify any individuals, other than
32the child’s siblings, who are important to the child, in order to
33identify potential guardians or, in the case of an Indian child,
34prospective tribal customary adoptive parents. The agency may
35ask any other child to provide that information, as appropriate.

36(B) (i) If the child is living with an approved relative who is
37willing and capable of providing a stable and permanent
38environment, but not willing to become a legal guardian as of the
39hearing date, the court shall order a permanent plan of placement
40with a fit and willing relative, and the child shall not be removed
P140  1from the home if the court finds the removal would be seriously
2detrimental to the emotional well-being of the child because the
3child has substantial psychological ties to the relative caretaker.

4(ii) If the child is living with a nonrelative caregiver who is
5willing and capable of providing a stable and permanent
6environment, but not willing to become a legal guardian as of the
7hearing date, the court shall order that the child remain in foster
8care with a permanent plan of return home, adoption, legal
9guardianship, or placement with a fit and willing relative, as
10appropriate. If the child is 16 years of age or older, or a nonminor
11dependent, and no other permanent plan is appropriate at the time
12of the hearing, the court may order another planned permanent
13living arrangement, as described in paragraph (2) of subdivision
14(i) of Section 16501. Regardless of the age of the child, the child
15shall not be removed from the home if the court finds the removal
16would be seriously detrimental to the emotional well-being of the
17child because the child has substantial psychological ties to the
18caregiver.

19(iii) If the child is living in a group home or, on or after January
201, 2017, a short-term residential treatment center, the court shall
21order that the child remain in foster care with a permanent plan of
22return home, adoption, tribal customary adoption in the case of an
23Indian child, legal guardianship, or placement with a fit and willing
24relative, as appropriate. If the child is 16 years of age or older, or
25a nonminor dependent, and no other permanent plan is appropriate
26at the time of the hearing, the court may order another planned
27permanent living arrangement, as described in paragraph (2) of
28subdivision (i) of Section 16501.

29(C) The court shall also make an order for visitation with the
30parents or guardians unless the court finds by a preponderance of
31the evidence that the visitation would be detrimental to the physical
32or emotional well-being of the child.

33(5) If the court finds that the child should not be placed for
34adoption, that legal guardianship shall not be established, that
35placement with a fit and willing relative is not appropriate as of
36the hearing date, and that there are no suitable foster parents except
37certified family homes or resource families of a foster family
38agency available to provide the child with a stable and permanent
39environment, the court may order the care, custody, and control
40of the child transferred from the county welfare department to a
P141  1licensed foster family agency. The court shall consider the written
2recommendation of the county welfare director regarding the
3suitability of the transfer. The transfer shall be subject to further
4court orders.

5The licensed foster family agency shall place the child in a
6suitable licensed or certified family home that has been certified
7by the agency as meeting licensing standards or with a resource
8family approved by the agency. The licensed foster family agency
9shall be responsible for supporting the child and providing
10appropriate services to the child, including those services ordered
11by the court. Responsibility for the support of the child shall not,
12in and of itself, create liability on the part of the foster family
13agency to third persons injured by the child. Those children whose
14care, custody, and control are transferred to a foster family agency
15shall not be eligible for foster care maintenance payments or child
16welfare services, except for emergency response services pursuant
17to Section 16504.

18(d) The proceeding for the appointment of a guardian for a child
19who is a dependent of the juvenile court shall be in the juvenile
20court. If the court finds pursuant to this section that legal
21guardianship is the appropriate permanent plan, it shall appoint
22the legal guardian and issue letters of guardianship. The assessment
23prepared pursuant to subdivision (g) of Section 361.5, subdivision
24(i) of Section 366.21, subdivision (b) of Section 366.22, and
25subdivision (b) of Section 366.25 shall be read and considered by
26the court prior to the appointment, and this shall be reflected in
27the minutes of the court. The person preparing the assessment may
28be called and examined by any party to the proceeding.

29(e) (1) The proceeding for the adoption of a child who is a
30dependent of the juvenile court shall be in the juvenile court if the
31court finds pursuant to this section that adoption is the appropriate
32permanent plan and the petition for adoption is filed in the juvenile
33court. Upon the filing of a petition for adoption, the juvenile court
34 shall order that an adoption hearing be set. The court shall proceed
35with the adoption after the appellate rights of the natural parents
36have been exhausted. The full report required by Section 8715 of
37the Family Code shall be read and considered by the court prior
38to the adoption and this shall be reflected in the minutes of the
39court. The person preparing the report may be called and examined
40by any party to the proceeding. It is the intent of the Legislature,
P142  1pursuant to this subdivision, to give potential adoptive parents the
2option of filing in the juvenile court the petition for the adoption
3of a child who is a dependent of the juvenile court. Nothing in this
4section is intended to prevent the filing of a petition for adoption
5in any other court as permitted by law, instead of in the juvenile
6court.

7(2) In the case of an Indian child, if the Indian child’s tribe has
8elected a permanent plan of tribal customary adoption, the court,
9upon receiving the tribal customary adoption order will afford the
10tribal customary adoption order full faith and credit to the same
11extent that the court would afford full faith and credit to the public
12acts, records, judicial proceedings, and judgments of any other
13entity. Upon a determination that the tribal customary adoption
14order may be afforded full faith and credit, consistent with Section
15224.5, the court shall thereafter order a hearing to finalize the
16adoption be set upon the filing of the adoption petition. The
17prospective tribal customary adoptive parents and the child who
18is the subject of the tribal customary adoption petition shall appear
19before the court for the finalization hearing. The court shall
20thereafter issue an order of adoption pursuant to Section 366.24.

21(3) If a child who is the subject of a finalized tribal customary
22adoption shows evidence of a developmental disability or mental
23illness as a result of conditions existing before the tribal customary
24adoption to the extent that the child cannot be relinquished to a
25licensed adoption agency on the grounds that the child is considered
26unadoptable, and of which condition the tribal customary adoptive
27parent or parents had no knowledge or notice before the entry of
28the tribal customary adoption order, a petition setting forth those
29facts may be filed by the tribal customary adoptive parent or
30parents with the juvenile court that granted the tribal customary
31adoption petition. If these facts are proved to the satisfaction of
32the juvenile court, it may make an order setting aside the tribal
33customary adoption order. The set-aside petition shall be filed
34within five years of the issuance of the tribal customary adoption
35order. The court clerk shall immediately notify the child’s tribe
36and the department in Sacramento of the petition within 60 days
37after the notice of filing of the petition. The department shall file
38a full report with the court and shall appear before the court for
39the purpose of representing the child. Whenever a final decree of
40tribal customary adoption has been vacated or set aside, the child
P143  1shall be returned to the custody of the county in which the
2proceeding for tribal customary adoption was finalized. The
3biological parent or parents of the child may petition for return of
4custody. The disposition of the child after the court has entered an
5order to set aside a tribal customary adoption shall include
6consultation with the child’s tribe.

7(f) At the beginning of any proceeding pursuant to this section,
8if the child or the parents are not being represented by previously
9retained or appointed counsel, the court shall proceed as follows:

10(1) In accordance with subdivision (c) of Section 317, if a child
11before the court is without counsel, the court shall appoint counsel
12unless the court finds that the child would not benefit from the
13appointment of counsel. The court shall state on the record its
14reasons for that finding.

15(2) If a parent appears without counsel and is unable to afford
16counsel, the court shall appoint counsel for the parent, unless this
17representation is knowingly and intelligently waived. The same
18counsel shall not be appointed to represent both the child and his
19or her parent. The public defender or private counsel may be
20appointed as counsel for the parent.

21(3) Private counsel appointed under this section shall receive a
22reasonable sum for compensation and expenses, the amount of
23which shall be determined by the court. The amount shall be paid
24by the real parties in interest, other than the child, in any
25proportions the court deems just. However, if the court finds that
26any of the real parties in interest are unable to afford counsel, the
27amount shall be paid out of the general fund of the county.

28(g) The court may continue the proceeding for a period of time
29not to exceed 30 days as necessary to appoint counsel, and to
30enable counsel to become acquainted with the case.

31(h) (1) At all proceedings under this section, the court shall
32consider the wishes of the child and shall act in the best interests
33of the child.

34(2) In accordance with Section 349, the child shall be present
35in court if the child or the child’s counsel so requests or the court
36so orders. If the child is 10 years of age or older and is not present
37at a hearing held pursuant to this section, the court shall determine
38whether the minor was properly notified of his or her right to attend
39the hearing and inquire as to the reason why the child is not present.

P144  1(3) (A) The testimony of the child may be taken in chambers
2and outside the presence of the child’s parent or parents, if the
3child’s parent or parents are represented by counsel, the counsel
4is present, and any of the following circumstances exist:

5(i) The court determines that testimony in chambers is necessary
6to ensure truthful testimony.

7(ii) The child is likely to be intimidated by a formal courtroom
8setting.

9(iii) The child is afraid to testify in front of his or her parent or
10parents.

11(B) After testimony in chambers, the parent or parents of the
12child may elect to have the court reporter read back the testimony
13or have the testimony summarized by counsel for the parent or
14parents.

15(C) The testimony of a child also may be taken in chambers and
16outside the presence of the guardian or guardians of a child under
17the circumstances specified in this subdivision.

18(i) (1) Any order of the court permanently terminating parental
19rights under this section shall be conclusive and binding upon the
20child, upon the parent or parents and, upon all other persons who
21have been served with citation by publication or otherwise as
22provided in this chapter. After making the order, the juvenile court
23shall have no power to set aside, change, or modify it, except as
24provided in paragraph (2), but nothing in this section shall be
25construed to limit the right to appeal the order.

26(2) A tribal customary adoption order evidencing that the Indian
27child has been the subject of a tribal customary adoption shall be
28afforded full faith and credit and shall have the same force and
29effect as an order of adoption authorized by this section. The rights
30and obligations of the parties as to the matters determined by the
31Indian child’s tribe shall be binding on all parties. A court shall
32not order compliance with the order absent a finding that the party
33seeking the enforcement participated, or attempted to participate,
34in good faith, in family mediation services of the court or dispute
35resolution through the tribe regarding the conflict, prior to the
36filing of the enforcement action.

37(3) A child who has not been adopted after the passage of at
38least three years from the date the court terminated parental rights
39and for whom the court has determined that adoption is no longer
40the permanent plan may petition the juvenile court to reinstate
P145  1parental rights pursuant to the procedure prescribed by Section
2388. The child may file the petition prior to the expiration of this
3three-year period if the State Department of Social Services, county
4adoption agency, or licensed adoption agency that is responsible
5for custody and supervision of the child as described in subdivision
6(j) and the child stipulate that the child is no longer likely to be
7adopted. A child over 12 years of age shall sign the petition in the
8absence of a showing of good cause as to why the child could not
9do so. If it appears that the best interests of the child may be
10promoted by reinstatement of parental rights, the court shall order
11that a hearing be held and shall give prior notice, or cause prior
12notice to be given, to the social worker or probation officer and to
13the child’s attorney of record, or, if there is no attorney of record
14for the child, to the child, and the child’s tribe, if applicable, by
15means prescribed by subdivision (c) of Section 297. The court
16shall order the child or the social worker or probation officer to
17give prior notice of the hearing to the child’s former parent or
18parents whose parental rights were terminated in the manner
19prescribed by subdivision (f) of Section 294 where the
20recommendation is adoption. The juvenile court shall grant the
21petition if it finds by clear and convincing evidence that the child
22is no longer likely to be adopted and that reinstatement of parental
23rights is in the child’s best interest. If the court reinstates parental
24rights over a child who is under 12 years of age and for whom the
25new permanent plan will not be reunification with a parent or legal
26guardian, the court shall specify the factual basis for its findings
27that it is in the best interest of the child to reinstate parental rights.
28This subdivision is intended to be retroactive and applies to any
29child who is under the jurisdiction of the juvenile court at the time
30of the hearing regardless of the date parental rights were terminated.

31(j) If the court, by order or judgment, declares the child free
32from the custody and control of both parents, or one parent if the
33other does not have custody and control, or declares the child
34eligible for tribal customary adoption, the court shall at the same
35time order the child referred to the State Department of Social
36Services, county adoption agency, or licensed adoption agency for
37adoptive placement by the agency. However, except in the case
38of a tribal customary adoption where there is no termination of
39parental rights, a petition for adoption may not be granted until
40the appellate rights of the natural parents have been exhausted.
P146  1The State Department of Social Services, county adoption agency,
2or licensed adoption agency shall be responsible for the custody
3and supervision of the child and shall be entitled to the exclusive
4care and control of the child at all times until a petition for adoption
5or tribal customary adoption is granted, except as specified in
6subdivision (n). With the consent of the agency, the court may
7appoint a guardian of the child, who shall serve until the child is
8adopted.

9(k) Notwithstanding any other law, the application of any person
10who, as a relative caretaker or foster parent, has cared for a
11dependent child for whom the court has approved a permanent
12plan for adoption, or who has been freed for adoption, shall be
13given preference with respect to that child over all other
14applications for adoptive placement if the agency making the
15placement determines that the child has substantial emotional ties
16to the relative caretaker or foster parent and removal from the
17relative caretaker or foster parent would be seriously detrimental
18to the child’s emotional well-being.

19As used in this subdivision, “preference” means that the
20application shall be processed and, if satisfactory, the family study
21shall be completed before the processing of the application of any
22other person for the adoptive placement of the child.

23(l) (1) An order by the court that a hearing pursuant to this
24section be held is not appealable at any time unless all of the
25following apply:

26(A) A petition for extraordinary writ review was filed in a timely
27manner.

28(B) The petition substantively addressed the specific issues to
29be challenged and supported that challenge by an adequate record.

30(C) The petition for extraordinary writ review was summarily
31denied or otherwise not decided on the merits.

32(2) Failure to file a petition for extraordinary writ review within
33the period specified by rule, to substantively address the specific
34issues challenged, or to support that challenge by an adequate
35record shall preclude subsequent review by appeal of the findings
36and orders made pursuant to this section.

37(3) The Judicial Council shall adopt rules of court, effective
38January 1, 1995, to ensure all of the following:

39(A) A trial court, after issuance of an order directing a hearing
40pursuant to this section be held, shall advise all parties of the
P147  1requirement of filing a petition for extraordinary writ review as
2set forth in this subdivision in order to preserve any right to appeal
3in these issues. This notice shall be made orally to a party if the
4party is present at the time of the making of the order or by
5first-class mail by the clerk of the court to the last known address
6of a party not present at the time of the making of the order.

7(B) The prompt transmittal of the records from the trial court
8to the appellate court.

9(C) That adequate time requirements for counsel and court
10personnel exist to implement the objective of this subdivision.

11(D) That the parent or guardian, or their trial counsel or other
12counsel, is charged with the responsibility of filing a petition for
13extraordinary writ relief pursuant to this subdivision.

14(4) The intent of this subdivision is to do both of the following:

15(A) Make every reasonable attempt to achieve a substantive and
16meritorious review by the appellate court within the time specified
17in Sections 366.21, 366.22, and 366.25 for holding a hearing
18pursuant to this section.

19(B) Encourage the appellate court to determine all writ petitions
20filed pursuant to this subdivision on their merits.

21(5) This subdivision shall only apply to cases in which an order
22to set a hearing pursuant to this section is issued on or after January
231, 1995.

24(m) Except for subdivision (j), this section shall also apply to
25minors adjudged wards pursuant to Section 727.31.

26(n) (1) Notwithstanding Section 8704 of the Family Code or
27any other law, the court, at a hearing held pursuant to this section
28or anytime thereafter, may designate a current caretaker as a
29prospective adoptive parent if the child has lived with the caretaker
30for at least six months, the caretaker currently expresses a
31commitment to adopt the child, and the caretaker has taken at least
32one step to facilitate the adoption process. In determining whether
33to make that designation, the court may take into consideration
34whether the caretaker is listed in the preliminary assessment
35prepared by the county department in accordance with subdivision
36(i) of Section 366.21 as an appropriate person to be considered as
37an adoptive parent for the child and the recommendation of the
38State Department of Social Services, county adoption agency, or
39licensed adoption agency.

P148  1(2) For purposes of this subdivision, steps to facilitate the
2adoption process include, but are not limited to, the following:

3(A) Applying for an adoption homestudy.

4(B) Cooperating with an adoption homestudy.

5(C) Being designated by the court or the adoption agency as the
6adoptive family.

7(D) Requesting de facto parent status.

8(E) Signing an adoptive placement agreement.

9(F) Engaging in discussions regarding a postadoption contact
10agreement.

11(G) Working to overcome any impediments that have been
12identified by the State Department of Social Services, county
13adoption agency, or licensed adoption agency.

14(H) Attending classes required of prospective adoptive parents.

15(3) Prior to a change in placement and as soon as possible after
16a decision is made to remove a child from the home of a designated
17prospective adoptive parent, the agency shall notify the court, the
18designated prospective adoptive parent or the current caretaker, if
19that caretaker would have met the threshold criteria to be
20designated as a prospective adoptive parent pursuant to paragraph
21(1) on the date of service of this notice, the child’s attorney, and
22the child, if the child is 10 years of age or older, of the proposal
23in the manner described in Section 16010.6.

24(A) Within five court days or seven calendar days, whichever
25is longer, of the date of notification, the child, the child’s attorney,
26or the designated prospective adoptive parent may file a petition
27with the court objecting to the proposal to remove the child, or the
28court, upon its own motion, may set a hearing regarding the
29proposal. The court may, for good cause, extend the filing period.
30A caretaker who would have met the threshold criteria to be
31designated as a prospective adoptive parent pursuant to paragraph
32(1) on the date of service of the notice of proposed removal of the
33child may file, together with the petition under this subparagraph,
34a petition for an order designating the caretaker as a prospective
35adoptive parent for purposes of this subdivision.

36(B) A hearing ordered pursuant to this paragraph shall be held
37as soon as possible and not later than five court days after the
38petition is filed with the court or the court sets a hearing upon its
39own motion, unless the court for good cause is unable to set the
40matter for hearing five court days after the petition is filed, in
P149  1which case the court shall set the matter for hearing as soon as
2possible. At the hearing, the court shall determine whether the
3caretaker has met the threshold criteria to be designated as a
4prospective adoptive parent pursuant to paragraph (1), and whether
5the proposed removal of the child from the home of the designated
6prospective adoptive parent is in the child’s best interest, and the
7 child may not be removed from the home of the designated
8prospective adoptive parent unless the court finds that removal is
9in the child’s best interest. If the court determines that the caretaker
10did not meet the threshold criteria to be designated as a prospective
11adoptive parent on the date of service of the notice of proposed
12removal of the child, the petition objecting to the proposed removal
13filed by the caretaker shall be dismissed. If the caretaker was
14designated as a prospective adoptive parent prior to this hearing,
15the court shall inquire into any progress made by the caretaker
16towards the adoption of the child since the caretaker was designated
17as a prospective adoptive parent.

18(C) A determination by the court that the caretaker is a
19designated prospective adoptive parent pursuant to paragraph (1)
20or subparagraph (B) does not make the caretaker a party to the
21dependency proceeding nor does it confer on the caretaker any
22standing to object to any other action of the department, county
23adoption agency, or licensed adoption agency, unless the caretaker
24has been declared a de facto parent by the court prior to the notice
25of removal served pursuant to paragraph (3).

26(D) If a petition objecting to the proposal to remove the child
27is not filed, and the court, upon its own motion, does not set a
28hearing, the child may be removed from the home of the designated
29prospective adoptive parent without a hearing.

30(4) Notwithstanding paragraph (3), if the State Department of
31Social Services, county adoption agency, or licensed adoption
32agency determines that the child must be removed from the home
33of the caretaker who is or may be a designated prospective adoptive
34parent immediately, due to a risk of physical or emotional harm,
35the agency may remove the child from that home and is not
36required to provide notice prior to the removal. However, as soon
37as possible and not longer than two court days after the removal,
38the agency shall notify the court, the caretaker who is or may be
39a designated prospective adoptive parent, the child’s attorney, and
40the child, if the child is 10 years of age or older, of the removal.
P150  1Within five court days or seven calendar days, whichever is longer,
2of the date of notification of the removal, the child, the child’s
3attorney, or the caretaker who is or may be a designated prospective
4adoptive parent may petition for, or the court on its own motion
5may set, a noticed hearing pursuant to paragraph (3). The court
6may, for good cause, extend the filing period.

7(5) Except as provided in subdivision (b) of Section 366.28, an
8order by the court issued after a hearing pursuant to this subdivision
9shall not be appealable.

10(6) Nothing in this section shall preclude a county child
11protective services agency from fully investigating and responding
12to alleged abuse or neglect of a child pursuant to Section 11165.5
13of the Penal Code.

14(7) The Judicial Council shall prepare forms to facilitate the
15filing of the petitions described in this subdivision, which shall
16become effective on January 1, 2006.

17

begin deleteSEC. 37.end delete
18
begin insertSEC. 51.end insert  

Section 727 of the Welfare and Institutions Code is
19amended to read:

20

727.  

(a) (1) If a minor or nonminor is adjudged a ward of the
21court on the ground that he or she is a person described by Section
22601 or 602, the court may make any reasonable orders for the care,
23supervision, custody, conduct, maintenance, and support of the
24minor or nonminor, including medical treatment, subject to further
25order of the court.

26(2) In the discretion of the court, a ward may be ordered to be
27on probation without supervision of the probation officer. The
28court, in so ordering, may impose on the ward any and all
29reasonable conditions of behavior as may be appropriate under
30this disposition. A minor or nonminor who has been adjudged a
31ward of the court on the basis of the commission of any of the
32offenses described in subdivision (b) or paragraph (2) of
33subdivision (d) of Section 707, Section 459 of the Penal Code, or
34subdivision (a) of Section 11350 of the Health and Safety Code,
35shall not be eligible for probation without supervision of the
36probation officer. A minor or nonminor who has been adjudged a
37ward of the court on the basis of the commission of any offense
38involving the sale or possession for sale of a controlled substance,
39except misdemeanor offenses involving marijuana, as specified in
40Chapter 2 (commencing with Section 11053) of Division 10 of the
P151  1Health and Safety Code, or of an offense in violation of Section
232625 of the Penal Code, shall be eligible for probation without
3supervision of the probation officer only when the court determines
4that the interests of justice would best be served and states reasons
5on the record for that determination.

6(3) In all other cases, the court shall order the care, custody, and
7control of the minor or nonminor to be under the supervision of
8the probation officer.

9(4) It is thebegin delete soleend delete responsibility pursuant to 42 U.S.C. Section
10672(a)(2)(B) of the probation agency to determine the appropriate
11placement for the ward once the court issues a placement order.
12In determination of the appropriate placement for the ward, the
13probation officer shall consider any recommendations of the child
14and family. The probation agency may place the minor or nonminor
15in any of the following:

16(A) The approved home of a relative or the approved home of
17a nonrelative, extended family member, as defined in Section
18362.7. If a decision has been made to place the minor in the home
19of a relative, the court may authorize the relative to give legal
20consent for the minor’s medical, surgical, and dental care and
21education as if the relative caregiver were the custodial parent of
22the minor.

23(B) A foster home, the approved home of a resource family as
24defined in Section 16519.5, or a home or facility in accordance
25with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
26et seq.).

27(C) A suitable licensed community care facility, as identified
28by the probation officer, except a runaway and homeless youth
29shelter licensed by the State Department of Social Services
30pursuant to Section 1502.35 of the Health and Safety Code.

31(D) A foster family agency, as defined in subdivision (g) of
32Section 11400 and paragraph (4) of subdivision (a) of Section 1502
33of the Health and Safety Code, in a suitable certified family home
34or with a resource family.

35(E) Commencing January 1, 2017, a minor or nonminor
36dependent may be placed in a short-term residential treatment
37center as defined in subdivision (ad) of Section 11400 and
38paragraph (18) of subdivision (a) of Section 1502 of the Health
39and Safety Code. The placing agency shall also comply with
40requirements set forth in paragraph (9) of subdivision (e) of Section
P152  1361.2, which includes, but is not limited to, authorization, limitation
2on length of stay, extensions, and additional requirements related
3to minors. For youth 13 years of age and older,begin delete the placement shall
4be approved byend delete
the chief probation officer of the county probation
5department, or his or her designee,begin delete only if the placement is longer
6than 12 months.end delete
begin insert shall approve the placement if it is longer than
712 months, and no less frequently than every 12 months thereafter.end insert

8(F) (i) Every minor adjudged a ward of the juvenile court shall
9be entitled to participate in age-appropriate extracurricular,
10enrichment, and social activities. A state or local regulation or
11policy shall not prevent, or create barriers to, participation in those
12activities. Each state and local entity shall ensure that private
13agencies that provide foster care services to wards have policies
14consistent with this section and that those agencies promote and
15protect the ability of wards to participate in age-appropriate
16extracurricular, enrichment, and social activities. A group home
17administrator, a facility manager, or his or her responsible designee,
18and a caregiver, as defined in paragraph (1) of subdivision (a) of
19Section 362.04, shall use a reasonable and prudent parent standard,
20as defined in paragraph (2) of subdivision (a) of Section 362.04,
21in determining whether to give permission for a minor residing in
22foster care to participate in extracurricular, enrichment, and social
23activities. A group home administrator, a facility manager, or his
24or her responsible designee, and a caregiver shall take reasonable
25steps to determine the appropriateness of the activity taking into
26consideration the minor’s age, maturity, and developmental level.

27(ii) A group home administrator or a facility manager, or his or
28her responsible designee, is encouraged to consult with social work
29or treatment staff members who are most familiar with the minor
30at the group home in applying and using the reasonable and prudent
31parent standard.

32(G) For nonminors, an approved supervised independent living
33setting as defined in Section 11400, including a residential housing
34unit certified by a licensed transitional housing placement provider.

35(5) The minor or nonminor shall be released from juvenile
36detention upon an order being entered under paragraph (3), unless
37the court determines that a delay in the release from detention is
38reasonable pursuant to Section 737.

39(b) (1) To facilitate coordination and cooperation among
40agencies, the court may, at any time after a petition has been filed,
P153  1after giving notice and an opportunity to be heard, join in the
2juvenile court proceedings any agency that the court determines
3has failed to meet a legal obligation to provide services to a minor,
4for whom a petition has been filed under Section 601 or 602, to a
5nonminor, as described in Section 303, or to a nonminor dependent,
6as defined in subdivision (v) of Section 11400. In any proceeding
7in which an agency is joined, the court shall not impose duties
8upon the agency beyond those mandated by law. The purpose of
9joinder under this section is to ensure the delivery and coordination
10of legally mandated services to the minor. The joinder shall not
11be maintained for any other purpose. Nothing in this section shall
12prohibit agencies that have received notice of the hearing on joinder
13from meeting prior to the hearing to coordinate services.

14(2) The court has no authority to order services unless it has
15been determined through the administrative process of an agency
16that has been joined as a party, that the minor, nonminor, or
17nonminor dependent is eligible for those services. With respect to
18mental health assessment, treatment, and case management services
19pursuant to an individualized education program developed
20pursuant to Article 2 (commencing with Section 56320) of Chapter
214 of Part 30 of Division 4 of Title 2 of the Education Code, the
22court’s determination shall be limited to whether the agency has
23complied with that chapter.

24(3) For the purposes of this subdivision, “agency” means any
25governmental agency or any private service provider or individual
26that receives federal, state, or local governmental funding or
27reimbursement for providing services directly to a child, nonminor,
28or nonminor dependent.

29(c) If a minor has been adjudged a ward of the court on the
30ground that he or she is a person described in Section 601 or 602,
31and the court finds that notice has been given in accordance with
32Section 661, and if the court orders that a parent or guardian shall
33retain custody of that minor either subject to or without the
34supervision of the probation officer, the parent or guardian may
35be required to participate with that minor in a counseling or
36education program, including, but not limited to, parent education
37and parenting programs operated by community colleges, school
38districts, or other appropriate agencies designated by the court.

39(d) The juvenile court may direct any reasonable orders to the
40parents and guardians of the minor who is the subject of any
P154  1proceedings under this chapter as the court deems necessary and
2proper to carry out subdivisions (a), (b), and (c), including orders
3to appear before a county financial evaluation officer, to ensure
4the minor’s regular school attendance, and to make reasonable
5efforts to obtain appropriate educational services necessary to meet
6the needs of the minor.

7If counseling or other treatment services are ordered for the
8minor, the parent, guardian, or foster parent shall be ordered to
9participate in those services, unless participation by the parent,
10guardian, or foster parent is deemed by the court to be inappropriate
11or potentially detrimental to the minor.

begin insert

12
(e) The court may, after receipt of relevant testimony and other
13evidence from the parties, affirm or reject the placement
14determination. If the court rejects the placement determination,
15the probation department shall determine an alternative placement
16for the ward.

end insert
17

begin deleteSEC. 38.end delete
18
begin insertSEC. 52.end insert  

Section 727.4 of the Welfare and Institutions Code
19 is amended to read:

20

727.4.  

(a) (1) Notice of any hearing pursuant to Section 727,
21727.2, or 727.3 shall be mailed by the probation officer to the
22minor, the minor’s parent or guardian, any adult provider of care
23to the minor including, but not limited to, foster parents, relative
24caregivers, preadoptive parents, resource family, community care
25facility, or foster family agency, and to the counsel of record if the
26counsel of record was not present at the time that the hearing was
27set by the court, by first-class mail addressed to the last known
28address of the person to be notified, or shall be personally served
29on those persons, not earlier than 30 days nor later than 15 days
30preceding the date of the hearing. The notice shall contain a
31statement regarding the nature of the status review or permanency
32planning hearing and any change in the custody or status of the
33minor being recommended by the probation department. The notice
34shall also include a statement informing the foster parents, relative
35caregivers, or preadoptive parents that he or she may attend all
36hearings or may submit any information he or she deems relevant
37to the court in writing. The foster parents, relative caregiver, and
38preadoptive parents are entitled to notice and opportunity to be
39heard but need not be made parties to the proceedings. Proof of
40notice shall be filed with the court.

P155  1(2) If the court or probation officer knows or has reason to know
2that the minor is or may be an Indian child, any notice sent under
3this section shall comply with the requirements of Section 224.2.

4(b) At least 10 calendar days prior to each status review and
5permanency planning hearing, after the hearing during which the
6court orders that the care, custody and control of the minor to be
7under the supervision of the probation officer for placement
8pursuant to subdivision (a) of Section 727, the probation officer
9shall file a social study report with the court, pursuant to the
10requirements listed in Section 706.5.

11(c) The probation department shall inform the minor, the minor’s
12parent or guardian, and all counsel of record that a copy of the
13social study prepared for the hearing will be available 10 days
14prior to the hearing and may be obtained from the probation officer.

15(d) As used in Article 15 (commencing with Section 625) to
16Article 18 (commencing with Section 725), inclusive:

17(1) “Foster care” means residential care provided in any of the
18settings described in Sectionbegin delete 11402.end deletebegin insert 11402 or 11402.01.end insert

19(2) “At risk of entering foster care” means that conditions within
20a minor’s family may necessitate his or her entry into foster care
21unless those conditions are resolved.

22(3) “Preadoptive parent” means a licensed foster parent who
23has been approved for adoption by the State Department of Social
24Services when it is acting as an adoption agency or by a licensed
25adoption agency.

26(4) “Date of entry into foster care” means the date that is 60
27days after the date on which the minor was removed from his or
28her home, unless one of the exceptions below applies:

29(A) If the minor is detained pending foster care placement, and
30remains detained for more than 60 days, then the date of entry into
31foster care means the date the court adjudges the minor a ward and
32orders the minor placed in foster care under the supervision of the
33probation officer.

34(B) If, before the minor is placed in foster care, the minor is
35committed to a ranch, camp, school, or other institution pending
36placement, and remains in that facility for more than 60 days, then
37the “date of entry into foster care” is the date the minor is
38 physically placed in foster care.

39(C) If at the time the wardship petition was filed, the minor was
40a dependent of the juvenile court and in out-of-home placement,
P156  1then the “date of entry into foster care” is the earlier of the date
2the juvenile court made a finding of abuse or neglect, or 60 days
3after the date on which the child was removed from his or her
4 home.

5(5) “Reasonable efforts” means:

6(A) Efforts made to prevent or eliminate the need for removing
7the minor from the minor’s home.

8(B) Efforts to make it possible for the minor to return home,
9including, but not limited to, case management, counseling,
10parenting training, mentoring programs, vocational training,
11educational services, substance abuse treatment, transportation,
12and therapeutic day services.

13(C) Efforts to complete whatever steps are necessary to finalize
14a permanent plan for the minor.

15(D) In child custody proceedings involving an Indian child,
16“reasonable efforts” shall also include “active efforts” as defined
17in Section 361.7.

18(6) “Relative” means an adult who is related to the minor by
19blood, adoption, or affinity within the fifth degree of kinship
20including stepparents, stepsiblings, and all relatives whose status
21is preceded by the words “great,” “great-great,” “grand,” or the
22spouse of any of these persons even if the marriage was terminated
23by death or dissolution. “Relative” shall also include an “extended
24family member” as defined in the Indian Child Welfare Act (25
25U.S.C. Sec. 1903(2)).

26(7) “Hearing” means a noticed proceeding with findings and
27orders that are made on a case-by-case basis, heard by either of
28the following:

29(A) A judicial officer, in a courtroom, recorded by a court
30reporter.

31(B) An administrative panel, provided that the hearing is a status
32review hearing and that the administrative panel meets the
33following conditions:

34(i) The administrative review shall be open to participation by
35the minor and parents or legal guardians and all those persons
36entitled to notice under subdivision (a).

37(ii) The minor and his or her parents or legal guardians receive
38proper notice as required in subdivision (a).

39(iii) The administrative review panel is composed of persons
40appointed by the presiding judge of the juvenile court, the
P157  1membership of which shall include at least one person who is not
2responsible for the case management of, or delivery of services
3to, the minor or the parents who are the subjects of the review.

4(iv) The findings of the administrative review panel shall be
5submitted to the juvenile court for the court’s approval and shall
6become part of the official court record.

7

begin deleteSEC. 39.end delete
8
begin insertSEC. 53.end insert  

Section 4094.2 of the Welfare and Institutions Code
9 is amended to read:

10

4094.2.  

(a) For the purpose of establishing payment rates for
11community treatment facility programs, the private nonprofit
12agencies selected to operate these programs shall prepare a budget
13that covers the total costs of providing residential care and
14supervision and mental health services for their proposed programs.
15These costs shall include categories that are allowable under
16California’s Foster Care program and existing programs for mental
17health services. They shall not include educational, nonmental
18health medical, and dental costs.

19(b) Each agency operating a community treatment facility
20program shall negotiate a final budget with the local mental health
21department in the county in which its facility is located (the host
22county) and other local agencies, as appropriate. This budget
23agreement shall specify the types and level of care and services to
24be provided by the community treatment facility program and a
25payment rate that fully covers the costs included in the negotiated
26budget. All counties that place children in a community treatment
27facility program shall make payments using the budget agreement
28negotiated by the community treatment facility provider and the
29host county.

30(c) A foster care rate shall be established for each community
31treatment facility program by the State Department of Social
32Services.

33(1) These rates shall be established using the existing foster care
34ratesetting system for group homes, or the rate for a short-term
35residential treatment center as defined in subdivision (ad) of
36Section 11400, with modifications designed as necessary. It is
37anticipated that all community treatment facility programs will
38offer the level of care and services required to receive the highest
39foster care rate provided for under the current ratesetting system.

P158  1(2) Except as otherwise provided in paragraph (3), commencing
2January 1, 2017, the program shall have accreditation from a
3nationally recognized accrediting entity identified by the State
4Department of Social Services pursuant to the process described
5in paragraph (4) of subdivision (b) of Section 11462.

6(3) With respect to a program that has been granted an extension
7pursuant to the exception process described in subdivision (d) of
8Section 11462.04, the requirement described in paragraph (2) shall
9apply to that program commencing January 1, 2019.

10(d) For the 2001-02 fiscal year, the 2002-03 fiscal year, the
112003-04 fiscal year, and the 2004-05 fiscal year, community
12treatment facility programs shall also be paid a community
13treatment facility supplemental rate of up to two thousand five
14hundred dollars ($2,500) per child per month on behalf of children
15eligible under the foster care program and children placed out of
16home pursuant to an individualized education program developed
17under Section 7572.5 of the Government Code. Subject to the
18availability of funds, the supplemental rate shall be shared by the
19state and the counties. Counties shall be responsible for paying a
20county share of cost equal to 60 percent of the community
21treatment rate for children placed by counties in community
22treatment facilities and the state shall be responsible for 40 percent
23of the community treatment facility supplemental rate. The
24community treatment facility supplemental rate is intended to
25supplement, and not to supplant, the payments for which children
26placed in community treatment facilities are eligible to receive
27under the foster care program and the existing programs for mental
28health services.

29(e) For initial ratesetting purposes for community treatment
30facility funding, the cost of mental health services shall be
31determined by deducting the foster care rate and the community
32treatment facility supplemental rate from the total allowable cost
33of the community treatment facility program. Payments to certified
34providers for mental health services shall be based on eligible
35services provided to children who are Medi-Cal beneficiaries, up
36to the approved federal rate for these services.

37(f) The State Department of Health Care Services shall provide
38the community treatment facility supplemental rates to the counties
39for advanced payment to the community treatment facility
P159  1providers in the same manner as the regular foster care payment
2and within the same required payment time limits.

3(g) In order to facilitate the study of the costs of community
4treatment facilities, licensed community treatment facilities shall
5provide all documents regarding facility operations, treatment, and
6placements requested by the department.

7(h) It is the intent of the Legislature that the State Department
8of Health Care Services and the State Department of Social
9Services work to maximize federal financial participation in
10funding for children placed in community treatment facilities
11through funds available pursuant to Titles IV-E and XIX of the
12federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and
13Sec. 1396 et seq.) and other appropriate federal programs.

14(i) The State Department of Health Care Services and the State
15Department of Social Services may adopt emergency regulations
16necessary to implement joint protocols for the oversight of
17community treatment facilities, to modify existing licensing
18regulations governing reporting requirements and other procedural
19and administrative mandates to take into account the seriousness
20and frequency of behaviors that are likely to be exhibited by
21seriously emotionally disturbed children placed in community
22treatment facility programs, to modify the existing foster care
23ratesetting regulations, and to pay the community treatment facility
24supplemental rate. The adoption of these regulations shall be
25deemed to be an emergency and necessary for the immediate
26preservation of the public peace, health and safety, and general
27welfare. The regulations shall become effective immediately upon
28filing with the Secretary of State. The regulations shall not remain
29in effect more than 180 days unless the adopting agency complies
30with all the provisions of Chapter 3.5 (commencing with Section
3111340) of Part 1 of Division 3 of Title 2 of the Government Code,
32as required by subdivision (e) of Section 11346.1 of the
33Government Code.

34begin insert

begin insertSEC. 54.end insert  

end insert

begin insertSection 4096 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
35as added by Section 56 of Chapter 773 of the Statutes of 2015, is
36amended to read:end insert

37

4096.  

(a) (1) Interagency collaboration and children’s program
38services shall be structured in a manner that will facilitate
39implementation of the goals of Part 4 (commencing with Section
405850) of Division 5 to develop protocols outlining the roles and
P160  1responsibilities of placing agencies and short-term residential
2treatment centers regarding nonemergency placements of foster
3children in certified short-term residential treatment centers or
4foster family agencies.

5(2) Components shall be added to state-county performance
6contracts required in Section 5650 that provide for reports from
7counties on how this section is implemented.

8(3) The State Department of Health Care Services shall develop
9performance contract components required by paragraph (2).

10(4) Performance contracts subject to this section shall document
11that the procedures to be implemented in compliance with this
12section have been approved by the county social services
13department and the county probation department.

14(b) Funds specified in subdivision (a) of Section 17601 for
15services to wards of the court and dependent children of the court
16shall be allocated and distributed to counties based on the number
17of wards of the court and dependent children of the court in the
18county.

19(c) A county may utilize funds allocated pursuant to subdivision
20(b) only if the county has established an operational interagency
21placement committee with a membership that includes at least the
22county placement agency and a licensed mental health professional
23 from the county department of mental health. If necessary, the
24funds may be used for costs associated with establishing the
25interagency placement committee.

26(d) Funds allocated pursuant to subdivision (b) shall be used to
27provide services to wards of the court and dependent children of
28the court jointly identified by county mental health, social services,
29and probation departments as the highest priority. Every effort
30shall be made to match those funds with funds received pursuant
31to Title XIX of the federal Social Security Act, contained in
32Subchapter 19 (commencing with Section 1396) of Chapter 7 of
33Title 42 of the United States Code.

34(e) (1) Each interagency placement committee shall establish
35procedures whereby a ward of the court or dependent child of the
36court, or a voluntarily placed child whose placement is funded by
37the Aid to Families with Dependent Children-Foster Care Program,
38who is to be placed or is currently placed in a short-term residential
39treatment center program, as specified in Section 11462.01, or a
40group home granted an extension pursuant to Section 11462.04,
P161  1shall be assessed to determine whetherbegin delete heend deletebegin insert the child meets one of
2the following:end insert

3begin insert(A)end insertbegin insertend insertbegin insertHeend insert or she meets the medical necessity criteria for Medi-Cal
4specialty mental healthbegin delete Early and Periodic Screening, Diagnosis,
5and Treatmentend delete
services, as the criteria are described in Section
6begin insert 1830.205 orend insert 1830.210 of Title 9 of the California Code of
7
begin delete Regulations, orend deletebegin insert Regulations.end insert

8begin insert(B)end insertbegin insertend insertbegin insertHe or she isend insert assessed as seriously emotionally disturbed, as
9described in subdivision (a) of Section 5600.3.

begin insert

10
(C) His or her individual behavioral or treatment needs can
11only be met by the level of care provided in a short-term residential
12treatment center. If the short-term residential treatment center
13serves children placed by county child welfare agencies and
14children placed by probation departments, the interagency
15placement committee shall also ensure the requirements of
16subdivision (c) of Section 16514 have been met with respect to
17commonality of need.

end insert

18(2) The assessment required by paragraph (1) shall also indicate
19that the child is in need of the care and services provided by a
20short-term residential treatment center.

21(3) Nothing in this subdivision shall prohibit an interagency
22placement committee from considering an assessment that was
23provided by a licensed mental health professional, as described in
24subdivision (g), and that was developed consistent with procedures
25established by the county pursuant to paragraph (1).

begin insert

26
(4) The State Department of Health Care Services and the State
27Department of Social Services shall identify a dispute resolution
28process currently operated by each department to jointly review
29a disputed interagency placement committee assessment or
30determination made pursuant to this subdivision.

end insert

31(f) The interagency placement committee shall document the
32results of the assessment required by subdivision (e) and shall
33notify the appropriate provider in writing, of those results within
3410 days of the completion of the assessment.

35(g) If the child’s or youth’s placement is not funded by the Aid
36to Families with Dependent Children-Foster Care Program, a
37licensed mental health professional, or an otherwise recognized
38provider of mental health services, shall certify that the child has
39been assessed as meeting the medical necessity criteria for
40Medi-Cal specialty mental health Early and Periodic Screening,
P162  1Diagnosis, and Treatment services, as the criteria are described in
2Section 1830.210 of Title 9 of the California Code of Regulations,
3or assessed as seriously emotionally disturbed, as described in
4subdivision (a) of Section 5600.3. A “licensed mental health
5professional” includes a physician licensed under Section 2050 of
6the Business and Professions Code, a licensed psychologist within
7the meaning of subdivision (a) of Section 2902 of the Business
8and Professions Code, a licensed clinical social worker within the
9meaning of subdivision (a) of Section 4996 of the Business and
10Professions Code, a licensed marriage and family therapist within
11the meaning of subdivision (b) of Section 4980 of the Business
12and Professions Code, or a licensed professional clinical counselor
13within the meaning of subdivision (e) of Section 4999.12.

begin delete

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

end delete
15begin insert

begin insertSEC. 55.end insert  

end insert

begin insertSection 4096.5 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert,
16as added by Section 59 of Chapter 773 of the Statutes of 2015, is
17amended to read:end insert

18

4096.5.  

(a) begin deleteAll end deletebegin insertThis section governs standards for the mental
19health program approval for short-term residential treatment
20centers, which is required under subdivision (c) of Section 1562.01
21of the Health and Safety Code.end insert

22begin insert(b)end insertbegin insertend insertbegin insertAll end insertshort-term residential treatment centers thatbegin delete operate a
23mental health program that servesend delete
begin insert serveend insert children who have either
24been assessed as meeting the medical necessity criteria for
25Medi-Cal specialty mental healthbegin delete services under Early and Periodic
26Screening, Diagnosis, and Treatment services, as the criteria are
27described in Section 1830.20end delete
begin insert services, as provided for in Section
281830.205 or 1830.210end insert
of Title 9 of the California Code of
29Regulations, or who have been assessed as seriously emotionally
30disturbed, asbegin delete describedend deletebegin insert definedend insert in subdivision (a) of Section 5600.3,
31shall obtain and have in good standing a mental healthbegin insert program
32approval that includes a Medi-Cal mental healthend insert
certification, as
33described in Section 11462.01, issued by the State Department of
34Health Care Services or a county mental health plan to which the
35department has delegatedbegin delete certificationend deletebegin insert approvalend insert authority. This
36begin deletecertificationend deletebegin insert approvalend insert is a condition for receiving an Aid to
37Families with Dependent Children-Foster Care rate pursuant to
38Section 11462.01.

begin insert

39
(c) A short-term residential treatment center shall not directly
40provide specialty mental health services without a current mental
P163  1health program approval. A licensed short-term residential
2treatment center that has not obtained a program approval shall
3provide children in its care access to appropriate mental health
4services.

end insert
begin delete

5(b)

end delete

6begin insert(d)end insertbegin insert(1)end insertbegin insertend insertThe State Department of Health Care Services or a
7county mental health plan to which the department has delegated
8begin delete authority shall certify or deny certificationend deletebegin insert mental health program
9approval authority shall approve or deny mental health program
10approval requestsend insert
within 45 days of receiving abegin delete certificationend delete
11 request. The State Department of Health Care Services or a county
12mental health plan to which the department has delegated
13begin delete certificationend deletebegin insert mental health program approvalend insert authority shall issue
14eachbegin delete certificationend deletebegin insert mental health program approvalend insert for a period of
15onebegin delete yearend deletebegin insert year, except for approvals granted pursuant to paragraph
16(2) and provisional approvals granted pursuant to regulations
17promulgated under subdivision (e),end insert
and shall specify the effective
18datebegin delete that the program met the program standards. Certifiedend deletebegin insert of the
19approval. Approvedend insert
entities shall meet all program standards to
20bebegin delete recertified.end deletebegin insert reapproved.end insert

begin insert

21
(2) (A) Between January 1, 2017, and December 31, 2017, the
22State Department of Health Care Services, or a county mental
23health plan to which the department has delegated mental health
24program approval authority, shall approve or deny a mental health
25program approval request within 90 days of receipt.

end insert
begin insert

26
(B) Between January 1, 2017, and December 31, 2017, the State
27Department of Health Care Services, or a county mental health
28plan to which the department has delegated mental health program
29approval authority, may issue a mental health program approval
30for a period of less than one year.

end insert
begin insert

31
(e) (1) The State Department of Health Care Services and the
32county mental health plans to which the department has delegated
33mental health program approval authority may enforce the mental
34health program approval standards by taking any of the following
35actions against a non-compliant short-term residential treatment
36center:

end insert
begin insert

37
(A) Suspend or revoke a mental health program approval.

end insert
begin insert

38
(B) Impose monetary penalties.

end insert
begin insert

39
(C) Place a mental health program on probation.

end insert
begin insert

P164  1
(D) Require a mental health program to prepare and comply
2with a corrective action plan.

end insert
begin insert

3
(2) The State Department of Health Care Services and the county
4mental health plans to which the department has delegated mental
5health program approval authority shall provide short-term
6residential treatment centers with due process protections when
7taking any of the actions described in paragraph (1).

end insert
begin delete

8(c)

end delete

9begin insert(f)end insert The State Department of Health Carebegin delete Servicesend deletebegin insert Services, in
10consultation with the State Department of Social Services,end insert
shall
11promulgate regulations regarding program standards, oversight,
12enforcement,begin insert issuance of mental health program approvals,
13including provisional end insert
begin insertapprovals that are effective for a period of
14less than one year,end insert
and due processbegin delete forend deletebegin insert protections related toend insert the
15mental healthbegin delete certification ofend deletebegin insert program approval process forend insert
16 short-term residential treatment centers.

begin delete

17(d)

end delete

18begin insert(g)end insert (1) Except forbegin delete certificationend deletebegin insert mental health program approvalend insert
19 of short-term residential treatment centers operated by a county,
20the State Department of Health Care Services may, upon the
21request of a county, delegate to that county mental health plan the
22begin delete certificationend deletebegin insert mental health program approvalend insert of short-term
23residential treatment center programs within its borders.

24(2) Any county to whichbegin delete certificationend deletebegin insert mental health program
25approvalend insert
is delegated pursuant to paragraph (1) shall be responsible
26for the oversight and enforcement of program standards and the
27provision of due process forbegin delete certifiedend deletebegin insert approved and deniedend insert entities.

begin delete

28(e)

end delete

29begin insert(h)end insert The State Department of Health Care Services or a county
30mental health plan to which the department has delegated
31begin delete certificationend deletebegin insert mental health program approvalend insert authority shall notify
32the State Department of Social Services immediately upon the
33termination of anybegin delete certificationend deletebegin insert mental health program approvalend insert
34 issued in accordance with subdivisionsbegin delete (a) and (b).end deletebegin insert (b) and (d).end insert

begin delete

35(f)

end delete

36begin insert(i)end insert The State Department of Social Services shall notify the
37State Department of Health Care Servicesbegin delete orend deletebegin insert and, if applicable,end insert a
38county to which the department has delegatedbegin delete certification authorityend delete
39begin insert mental health program approval authority,end insert immediately upon the
40revocation of any license issued pursuant to Chapter 3
P165  1(commencing with Section 1500) of Division 2 of the Health and
2Safety Code.

begin delete

3(g)

end delete

4begin insert(j)end insert Revocation of a license or a mental healthbegin delete certificationend delete
5begin insert program approvalend insert shall be a basis for rate termination.

begin delete

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

end delete
7

begin deleteSEC. 40.end delete
8
begin insertSEC. 56.end insert  

Section 11400 of the Welfare and Institutions Code
9 is amended to read:

10

11400.  

For purposes of this article, the following definitions
11shall apply:

12(a) “Aid to Families with Dependent Children-Foster Care
13(AFDC-FC)” means the aid provided on behalf of needy children
14in foster care under the terms of this division.

15(b) “Case plan” means a written document that, at a minimum,
16specifies the type of home in which the child shall be placed, the
17safety of that home, and the appropriateness of that home to meet
18the child’s needs. It shall also include the agency’s plan for
19ensuring that the child receive proper care and protection in a safe
20environment, and shall set forth the appropriate services to be
21provided to the child, the child’s family, and the foster parents, in
22order to meet the child’s needs while in foster care, and to reunify
23the child with the child’s family. In addition, the plan shall specify
24the services that will be provided or steps that will be taken to
25facilitate an alternate permanent plan if reunification is not possible.

26(c) “Certified family home” means an individual or family
27certified by a licensed foster family agency and issued a certificate
28of approval by that agency as meeting licensing standards, and
29used exclusively by that foster family agency for placements.

30(d) “Family home” means the family residence of a licensee in
31which 24-hour care and supervision are provided for children.

32(e) “Small family home” means any residential facility, in the
33licensee’s family residence, which provides 24-hour care for six
34or fewer foster children who have mental disorders or
35developmental or physical disabilities and who require special care
36and supervision as a result of their disabilities.

37(f) “Foster care” means the 24-hour out-of-home care provided
38to children whose own families are unable or unwilling to care for
39them, and who are in need of temporary or long-term substitute
40parenting.

P166  1(g) “Foster family agency” means a licensed community care
2facility, as defined in paragraph (4) of subdivision (a) of Section
31502 of the Health and Safety Code. Private foster family agencies
4shall be organized and operated on a nonprofit basis.

5(h) “Group home” means a nondetention privately operated
6residential home, organized and operated on a nonprofit basis only,
7of any capacity, or a nondetention licensed residential care home
8operated by the County of San Mateo with a capacity of up to 25
9beds, that accepts children in need of care and supervision in a
10group home, as defined by paragraph (13) of subdivision (a) of
11Section 1502 of the Health and Safety Code.

12(i) “Periodic review” means review of a child’s status by the
13juvenile court or by an administrative review panel, that shall
14include a consideration of the safety of the child, a determination
15of the continuing need for placement in foster care, evaluation of
16the goals for the placement and the progress toward meeting these
17goals, and development of a target date for the child’s return home
18or establishment of alternative permanent placement.

19(j) “Permanency planning hearing” means a hearing conducted
20by the juvenile court in which the child’s future status, including
21whether the child shall be returned home or another permanent
22plan shall be developed, is determined.

23(k) “Placement and care” refers to the responsibility for the
24welfare of a child vested in an agency or organization by virtue of
25the agency or organization having (1) been delegated care, custody,
26and control of a child by the juvenile court, (2) taken responsibility,
27pursuant to a relinquishment or termination of parental rights on
28a child, (3) taken the responsibility of supervising a child detained
29by the juvenile court pursuant to Section 319 or 636, or (4) signed
30a voluntary placement agreement for the child’s placement; or to
31the responsibility designated to an individual by virtue of his or
32her being appointed the child’s legal guardian.

33(l) “Preplacement preventive services” means services that are
34designed to help children remain with their families by preventing
35or eliminating the need for removal.

36(m) “Relative” means an adult who is related to the child by
37blood, adoption, or affinity within the fifth degree of kinship,
38including stepparents, stepsiblings, and all relatives whose status
39is preceded by the words “great,” “great-great,” or “grand” or the
P167  1spouse of any of these persons even if the marriage was terminated
2by death or dissolution.

3(n) “Nonrelative extended family member” means an adult
4caregiver who has an established familial or mentoring relationship
5with the child, as described in Section 362.7.

6(o) “Voluntary placement” means an out-of-home placement
7of a child by (1) the county welfare department, probation
8department, or Indian tribe that has entered into an agreement
9pursuant to Section 10553.1, after the parents or guardians have
10requested the assistance of the county welfare department and have
11signed a voluntary placement agreement; or (2) the county welfare
12department licensed public or private adoption agency, or the
13department acting as an adoption agency, after the parents have
14requested the assistance of either the county welfare department,
15the licensed public or private adoption agency, or the department
16acting as an adoption agency for the purpose of adoption planning,
17and have signed a voluntary placement agreement.

18(p) “Voluntary placement agreement” means a written agreement
19between either the county welfare department, probation
20department, or Indian tribe that has entered into an agreement
21pursuant to Section 10553.1, licensed public or private adoption
22agency, or the department acting as an adoption agency, and the
23parents or guardians of a child that specifies, at a minimum, the
24following:

25(1) The legal status of the child.

26(2) The rights and obligations of the parents or guardians, the
27child, and the agency in which the child is placed.

28(q) “Original placement date” means the most recent date on
29which the court detained a child and ordered an agency to be
30responsible for supervising the child or the date on which an agency
31assumed responsibility for a child due to termination of parental
32rights, relinquishment, or voluntary placement.

33(r) (1) “Transitional housing placement provider” means an
34organization licensed by the State Department of Social Services
35pursuant to Section 1559.110 of the Health and Safety Code, to
36provide transitional housing to foster children at least 16 years of
37age and not more than 18 years of age, and nonminor dependents,
38as defined in subdivision (v). A transitional housing placement
39provider shall be privately operated and organized on a nonprofit
40basis.

P168  1(2) Prior to licensure, a provider shall obtain certification from
2the applicable county, in accordance with Section 16522.1.

3(s) “Transitional Housing Program-Plus” means a provider
4certified by the applicable county, in accordance with subdivision
5(c) of Section 16522, to provide transitional housing services to
6former foster youth who have exited the foster care system on or
7after their 18th birthday.

8(t) “Whole family foster home” means a new or existing family
9home, approved relative caregiver or nonrelative extended family
10member’s home, the home of a nonrelated legal guardian whose
11guardianship was established pursuant to Section 360 or 366.26,
12certified family home, or a host family home placement of a
13transitional housing placement provider, that provides foster care
14for a minor or nonminor dependent parent and his or her child,
15and is specifically recruited and trained to assist the minor or
16nonminor dependent parent in developing the skills necessary to
17provide a safe, stable, and permanent home for his or her child.
18The child of the minor or nonminor dependent parent need not be
19the subject of a petition filed pursuant to Section 300 to qualify
20for placement in a whole family foster home.

21(u) “Mutual agreement” means any of the following:

22(1) A written voluntary agreement of consent for continued
23placement and care in a supervised setting between a minor or, on
24and after January 1, 2012, a nonminor dependent, and the county
25welfare services or probation department or tribal agency
26responsible for the foster care placement, that documents the
27nonminor’s continued willingness to remain in supervised
28out-of-home placement under the placement and care of the
29responsible county, tribe, consortium of tribes, or tribal
30organization that has entered into an agreement with the state
31pursuant to Section 10553.1, remain under the jurisdiction of the
32juvenile court as a nonminor dependent, and report any change of
33circumstances relevant to continued eligibility for foster care
34payments, and that documents the nonminor’s and social worker’s
35or probation officer’s agreement to work together to facilitate
36implementation of the mutually developed supervised placement
37agreement and transitional independent living case plan.

38(2) An agreement, as described in paragraph (1), between a
39nonminor former dependent or ward in receipt of Kin-GAP
40payments under Article 4.5 (commencing with Section 11360) or
P169  1Article 4.7 (commencing with Section 11385), and the agency
2responsible for the Kin-GAP benefits, provided that the nonminor
3former dependent or ward satisfies the conditions described in
4Section 11403.01, or one or more of the conditions described in
5paragraphs (1) to (5), inclusive, of subdivision (b) of Section
611403. For purposes of this paragraph and paragraph (3),
7“nonminor former dependent or ward” has the same meaning as
8described in subdivision (aa).

9(3) An agreement, as described in paragraph (1), between a
10nonminor former dependent or ward in receipt of AFDC-FC
11payments under subdivision (e) or (f) of Section 11405 and the
12agency responsible for the AFDC-FC benefits, provided that the
13nonminor former dependent or ward described in subdivision (e)
14of Section 11405 satisfies one or more of the conditions described
15in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
1611403, and the nonminor described in subdivision (f) of Section
1711405 satisfies the secondary school or equivalent training or
18certificate program conditions described in that subdivision.

19(v) “Nonminor dependent” means, on and after January 1, 2012,
20a foster child, as described in Section 675(8)(B) of Title 42 of the
21United States Code under the federal Social Security Act who is
22a current dependent child or ward of the juvenile court, or who is
23a nonminor under the transition jurisdiction of the juvenile court,
24as described in Section 450, and who satisfies all of the following
25criteria:

26(1) He or she has attained 18 years of age while under an order
27of foster care placement by the juvenile court, and is not more than
2819 years of age on or after January 1, 2012, not more than 20 years
29of age on or after January 1, 2013, or not more than 21 years of
30age on or after January 1, 2014, and as described in Section
3110103.5.

32(2) He or she is in foster care under the placement and care
33responsibility of the county welfare department, county probation
34department, Indian tribe, consortium of tribes, or tribal organization
35that entered into an agreement pursuant to Section 10553.1.

36(3) He or she has a transitional independent living case plan
37pursuant to Section 475(8) of the federal Social Security Act (42
38U.S.C. Sec. 675(8)), as contained in the federal Fostering
39Connections to Success and Increasing Adoptions Act of 2008
40(Public Law 110-351), as described in Section 11403.

P170  1(w) “Supervised independent living placement” means, on and
2after January 1, 2012, an independent supervised setting, as
3specified in a nonminor dependent’s transitional independent living
4case plan, in which the youth is living independently, pursuant to
5Section 472(c)(2) of the federal Social Security Act (42 U.S.C.
6Sec. 672(c)(2)).

7(x) “Supervised independent living setting,” pursuant to Section
8472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
9672(c)(2)), includes both a supervised independent living
10placement, as defined in subdivision (w), and a residential housing
11unit certified by the transitional housing placement provider
12operating a Transitional Housing Placement-Plus Foster Care
13program, as described in paragraph (2) of subdivision (a) of Section
1416522.1.

15(y) “Transitional independent living case plan” means, on or
16after January 1, 2012, a child’s case plan submitted for the last
17review hearing held before he or she reaches 18 years of age or
18the nonminor dependent’s case plan, updated every six months,
19that describes the goals and objectives of how the nonminor will
20make progress in the transition to living independently and assume
21incremental responsibility for adult decisionmaking, the
22collaborative efforts between the nonminor and the social worker,
23probation officer, or Indian tribal placing entity and the supportive
24services as described in the transitional independent living plan
25(TILP) to ensure active and meaningful participation in one or
26more of the eligibility criteria described in paragraphs (1) to (5),
27inclusive, of subdivision (b) of Section 11403, the nonminor’s
28appropriate supervised placement setting, and the nonminor’s
29permanent plan for transition to living independently, which
30includes maintaining or obtaining permanent connections to caring
31and committed adults, as set forth in paragraph (16) of subdivision
32(f) of Section 16501.1.

33(z) “Voluntary reentry agreement” means a written voluntary
34agreement between a former dependent child or ward or a former
35nonminor dependent, who has had juvenile court jurisdiction
36terminated pursuant to Section 391, 452, or 607.2, and the county
37welfare or probation department or tribal placing entity that
38documents the nonminor’s desire and willingness to reenter foster
39care, to be placed in a supervised setting under the placement and
40care responsibility of the placing agency, the nonminor’s desire,
P171  1willingness, and ability to immediately participate in one or more
2of the conditions of paragraphs (1) to (5), inclusive, of subdivision
3(b) of Section 11403, the nonminor’s agreement to work
4collaboratively with the placing agency to develop his or her
5transitional independent living case plan within 60 days of reentry,
6the nonminor’s agreement to report any changes of circumstances
7relevant to continued eligibility for foster care payments, and (1)
8the nonminor’s agreement to participate in the filing of a petition
9for juvenile court jurisdiction as a nonminor dependent pursuant
10to subdivision (e) of Section 388 within 15 judicial days of the
11signing of the agreement and the placing agency’s efforts and
12supportive services to assist the nonminor in the reentry process,
13or (2) if the nonminor meets the definition of a nonminor former
14dependent or ward, as described in subdivision (aa), the nonminor’s
15agreement to return to the care and support of his or her former
16juvenile court-appointed guardian and meet the eligibility criteria
17for AFDC-FC pursuant to subdivision (e) of Section 11405.

18(aa) “Nonminor former dependent or ward” means, on and after
19January 1, 2012, either of the following:

20(1) A nonminor who reached 18 years of age while subject to
21an order for foster care placement, and for whom dependency,
22delinquency, or transition jurisdiction has been terminated, and
23who is still under the general jurisdiction of the court.

24(2) A nonminor who is over 18 years of age and, while a minor,
25was a dependent child or ward of the juvenile court when the
26guardianship was established pursuant to Section 360 or 366.26,
27or subdivision (d), of Section 728 and the juvenile court
28dependency or wardship was dismissed following the establishment
29of the guardianship.

30(ab) “Runaway and homeless youth shelter” means a type of
31group home, as defined in paragraph (14) of subdivision (a) of
32Section 1502 of the Health and Safety Code, that is not an eligible
33placement option under Sections 319, 361.2, 450, and 727, and
34that is not eligible for AFDC-FC funding pursuant to subdivision
35(c) of Section 11402 or Section 11462.

36(ac) “Transition dependent” is a minor between 17 years and
37five months and 18 years of age who is subject to the court’s
38transition jurisdiction under Section 450.

39(ad) “Short-term residential treatment center” means a
40nondetention, licensed community care facility, as defined in
P172  1paragraph (18) of subdivision (a) of Section 1502 of the Health
2and Safety Code, that provides short-term, specialized, and
3intensive treatment for the child or youth, when the child’s or
4youth’s case plan specifies the need for, nature of, and anticipated
5duration of this specialized treatment. Short-term residential
6treatment centers shall be organized and operated on a nonprofit
7basis.

8(ae) “Resource family” means an approved caregiver, as defined
9in subdivision (c) of Section 16519.5.

10(af) “Core Services” mean services, made available to children,
11youth, and nonminor dependents either directly or secured through
12formal agreement with other agencies, which are trauma informed
13and culturally relevant as specified in Sections 11462 and 11463.

14

begin deleteSEC. 41.end delete
15
begin insertSEC. 57.end insert  

Section 11402 of the Welfare and Institutions Code,
16as added by Section 66 of Chapter 773 of the Statutes of 2015, is
17amended to read:

18

11402.  

In order to be eligible for AFDC-FC, a child or
19nonminor dependent shall be placed in one of the following:

20(a) Prior to January 1, 2020:

21(1) The approved home of a relative, provided the child or youth
22is otherwise eligible for federal financial participation in the
23AFDC-FC payment.

begin delete

24(2) The home of a nonrelated legal guardian or the home of a
25former nonrelated legal guardian when the guardianship of a child
26or youth who is otherwise eligible for AFDC-FC has been
27dismissed due to the child or youth attaining 18 years of age.

end delete
begin delete

28(3)

end delete

29begin insert(2)end insert The approved home of a nonrelative extended family
30member, as described in Section 362.7.

begin delete

31(4)

end delete

32begin insert(3)end insert The licensed family home of a nonrelative.

33(b) The approved home of a resource family, as defined in
34Section 16519.5.

35(c) A small family home, as defined in paragraph (6) of
36subdivision (a) of Section 1502 of the Health and Safety Code.

37(d) A housing model certified by a licensed transitional housing
38placement provider, as described in Section 1559.110 of the Health
39and Safety Code, and as defined in subdivision (r) of Section
4011400.

P173  1(e) An approved supervised independent living setting for
2nonminor dependents, as defined in subdivision (w) of Section
311400.

4(f) A licensed foster family agency, as defined in subdivision
5(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
61502 of the Health and Safety Code, for placement into a certified
7or approved home used exclusively by the foster family agency.

8(g) A short-term residential treatment center licensed as a
9community care facility, as defined in subdivision (ad) of Section
1011400 and paragraph (18) of subdivision (a) of Section 1502 of
11the Health and Safety Code.

12(h) An out-of-state group home that meets the requirements of
13paragraph (2) of subdivision (c) of Section 11460, provided that
14the placement worker, in addition to complying with all other
15statutory requirements for placing a child or youth in an out-of-state
16group home, documents that the requirements of Section 7911.1
17of the Family Code have been met.

18(i) A community treatment facility set forth in Article 5
19(commencing with Section 4094) of Chapter 3 of Part 1 of Division
204.

begin delete

21(j) This section shall apply to a group home that has been granted
22an extension pursuant to the exception process described in
23subdivision (d) of Section 11462.04 or Section 11462.041.

end delete
begin delete

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

end delete
begin insert

25
(j) A community care facility licensed pursuant to Chapter 3
26(commencing with Section 1500) of Division 2 of the Health and
27Safety Code and vendored by a regional center pursuant to Section
2856004 of Title 17 of the California Code of Regulations.

end insert
begin insert

29
(k) The home of a nonrelated legal guardian or the home of a
30former nonrelated legal guardian when the guardianship of a child
31or youth who is otherwise eligible for AFDC-FC has been
32dismissed due to the child or youth attaining 18 years of age.

end insert
33

begin deleteSEC. 42.end delete
34
begin insertSEC. 58.end insert  

Section 11402.01 of the Welfare and Institutions
35Code
is repealed.

36

begin deleteSEC. 43.end delete
37
begin insertSEC. 59.end insert  

Section 11402.01 is added to the Welfare and
38Institutions Code
, to read:

39

11402.01.  

(a) In addition to the placementsbegin insert describedend insert in
40Section 11402, begin deletein order to be eligible for AFDC-FC,end delete a child or
P174  1nonminor dependent may bebegin insert eligible for AFDC-FC whileend insert placed
2in a group home with an extension pursuant to the exception
3process described in subdivision (d) of Sectionbegin delete 11462.04 or a foster
4family agency that has been granted an extension pursuant to the
5exception process described in subdivision (d) of Section 11463.1.end delete

6
begin insert 11462.04.end insert

7(b) This section shall remain in effect only until January 1, 2019,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2019, deletes or extends that date.

10

begin deleteSEC. 44.end delete
11
begin insertSEC. 60.end insert  

Section 11460 of the Welfare and Institutions Code
12 is amended to read:

13

11460.  

(a) begin insert(1)end insertbegin insertend insertFoster care providers shall be paid a per child
14per month rate in return for the care and supervision of the
15AFDC-FC child placed with them. The department is designated
16the single organizational unit whose duty it shall be to administer
17a state system for establishing rates in the AFDC-FC program.
18State functions shall be performed by the department or by
19delegation of the department to county welfare departments or
20Indian tribes, consortia of tribes, or tribal organizations that have
21entered into an agreement pursuant to Section 10553.1.

begin insert

22
(2) (A) Foster care providers that care for a child in a
23home-based setting described in paragraph (1) of subdivision (g)
24of Section 11461, or in a certified home or an approved resource
25family of a foster family agency, shall be paid the per child per
26month rate as set forth in paragraph (4) of subdivision (g) of
27Section 11461.

end insert
begin insert

28
(B) The basic rate paid to either a certified family home or an
29approved resource family of a foster family agency shall be paid
30by the agency to the certified family home or approved resource
31family from the rate that is paid to the agency pursuant to Section
3211463.

end insert

33(b) “Care and supervision” includes food, clothing, shelter, daily
34supervision, school supplies, a child’s personal incidentals, liability
35insurance with respect to a child, reasonable travel to the child’s
36home for visitation, and reasonable travel for the child to remain
37in the school in which he or she is enrolled at the time of
38placement. Reimbursement for the costs of educational travel, as
39provided for in this subdivision, shall be made pursuant to
40procedures determined by the department, in consultation with
P175  1representatives of county welfare and probation directors, and
2additional stakeholders, as appropriate.

3(1) For a child or youth placed in a short-term residential
4treatment center or a group home, care and supervision shall also
5include reasonable administration and operational activities
6necessary to provide the items listed in this subdivision.

7(2) For a child or youth placed in a short-term residential
8treatment center or a group home, care and supervision may also
9include reasonable activities performed by social workers employed
10by the program provider that are not otherwise considered daily
11supervision or administration activities, but are eligible for federal
12financial participation under Title IV-E of the federal Social
13Security Act.

14(3) The department, in consultation with the California State
15Foster Parent Association, and other interested stakeholders, shall
16provide information to the Legislature, no later than January 1,
172017, regarding the availability and cost for liability and property
18insurance covering acts committed by children in care, and shall
19make recommendations for any needed program development in
20this area.

21(c) It is the intent of the Legislature to establish the maximum
22level of financial participation in out-of-state foster care group
23home program rates for placements in facilities described in
24subdivision (g) of Section 11402.

25(1) The department shall develop regulations that establish the
26method for determining the level of financial participation in the
27rate paid for out-of-state placements in facilities described in
28subdivision (g) of Section 11402. The department shall consider
29all of the following methods:

30(A) Until December 31, 2016, a standardized system based on
31the rate classification level of care and services per child per month.

32(B) The rate developed for a short-term residential treatment
33center pursuant to Section 11462.

34(C) A system that considers the actual allowable and reasonable
35costs of care and supervision incurred by the out-of-state program.

36(D) A system that considers the rate established by the host
37state.

38(E) Any other appropriate methods as determined by the
39department.

P176  1(2) Reimbursement for the Aid to Families with Dependent
2Children-Foster Care rate to be paid to an out-of-state program
3described in subdivision (g) of Section 11402 shall only be paid
4to programs that have done all of the following:

5(A) Submitted a rate application to the department, which shall
6include, but not be limited to, both of the following:

7(i) Commencing January 1, 2017, unless granted an extension
8from the department pursuant to subdivision (d) of Section
911462.04, the equivalent of the mental healthbegin delete certificationend deletebegin insert program
10approvalend insert
required in Section 4096.5.

11(ii) Commencing January 1, 2017, unless granted an extension
12from the department pursuant to subdivision (d) of Section
1311462.04, the national accreditation required in paragraph (5) of
14subdivision (b) of Section 11462.

15(B) Maintained a level of financial participation that shall not
16exceed any of the following:

17(i) The current fiscal year’s standard rate for rate classification
18level 14 for a group home.

19(ii) Commencing January 1, 2017, the current fiscal year’s rate
20for a short-term residential treatment center.

21(iii) The rate determined by the ratesetting authority of the state
22in which the facility is located.

23(C) Agreed to comply with information requests, and program
24and fiscal audits as determined necessary by the department.

25(3) Except as specifically provided for in statute, reimbursement
26for an AFDC-FC rate shall only be paid to a group home or
27short-term residential treatment center organized and operated on
28a nonprofit basis.

29(d) A foster care provider that accepts payments, following the
30effective date of this section, based on a rate established under this
31section, shall not receive rate increases or retroactive payments as
32the result of litigation challenging rates established prior to the
33effective date of this section. This shall apply regardless of whether
34a provider is a party to the litigation or a member of a class covered
35by the litigation.

36(e) Nothing shall preclude a county from using a portion of its
37county funds to increase rates paid to family homes, foster family
38agencies, group homes, and short-term residential treatment centers
39within that county, and to make payments for specialized care
P177  1increments, clothing allowances, or infant supplements to homes
2within that county, solely at that county’s expense.

3(f) Nothing shall preclude a county from providing a
4supplemental rate to serve commercially sexually exploited foster
5children to provide for the additional care and supervision needs
6of these children. To the extent that federal financial participation
7is available, it is the intent of the Legislature that the federal
8funding shall be utilized.

9

begin deleteSEC. 45.end delete
10
begin insertSEC. 61.end insert  

Section 11461 of the Welfare and Institutions Code
11 is amended to read:

12

11461.  

(a)For children or, on and after January 1, 2012,
13
nonminor dependents placed in a licensed or approved family
14
home with a capacity of six or less, or in an approved home of a
15
relative or nonrelated legal guardian, or the approved home of a
16
nonrelative extended family member as described in Section 362.7,
17
or, on and after January 1, 2012, a supervised independent living
18
placement, as defined in subdivision (w) of Section 11400, the per
19
child per month basic rates in the following schedule shall be in
20
effect for the period July 1, 1989, through December 31, 1989:
21

 

 Age

Basic rate

0-4   

$  294

5-8   

 319

9-11   

 340

12-14   

 378

15-20   

 412

P177 28

 

29(b) (1) Any county that, as of October 1, 1989, has in effect a
30basic rate that is at the levels set forth in the schedule in subdivision
31(a), shall continue to receive state participation, as specified in
32subdivision (c) of Section 15200, at these levels.

33(2) Any county that, as of October 1, 1989, has in effect a basic
34rate that exceeds a level set forth in the schedule in subdivision
35(a), shall continue to receive the same level of state participation
36as it received on October 1, 1989.

37(c) The amounts in the schedule of basic rates in subdivision
38(a) shall be adjusted as follows:

39(1) Effective January 1, 1990, the amounts in the schedule of
40basic rates in subdivision (a) shall be increased by 12 percent.

P178  1(2) Effective May 1, 1990, any county that did not increase the
2basic rate by 12 percent on January 1, 1990, shall do both of the
3following:

4(A) Increase the basic rate in effect December 31, 1989, for
5which state participation is received by 12 percent.

6(B) Increase the basic rate, as adjusted pursuant to subparagraph
7(A), by an additional 5 percent.

8(3) (A) Except as provided in subparagraph (B), effective July
91, 1990, for the 1990-91 fiscal year, the amounts in the schedule
10of basic rates in subdivision (a) shall be increased by an additional
115 percent.

12(B) The rate increase required by subparagraph (A) shall not be
13applied to rates increased May 1, 1990, pursuant to paragraph (2).

14(4) Effective July 1, 1998, the amounts in the schedule of basic
15rates in subdivision (a) shall be increased by 6 percent.
16Notwithstanding any otherbegin delete provision ofend delete law, the 6-percent increase
17provided for in this paragraph shall, retroactive to July 1, 1998,
18apply to every county, including any county to which paragraph
19(2) of subdivision (b) applies, and shall apply to foster care for
20every age group.

21(5) Notwithstanding any otherbegin delete provision ofend delete law, any increase
22that takes effect after July 1, 1998, shall apply to every county,
23including any county to which paragraph (2) of subdivision (b)
24applies, and shall apply to foster care for every age group.

25(6) The increase in the basic foster family home rate shall apply
26only to children placed in a licensed foster family home receiving
27the basic rate or in an approved home of a relative or nonrelative
28extended family member, as described in Section 362.7, a
29supervised independent living placement, as defined in subdivision
30(w) of Section 11400, or a nonrelated legal guardian receiving the
31basic rate. The increased rate shall not be used to compute the
32monthly amount that may be paid to licensed foster family agencies
33for the placement of children in certified foster homes.

34(d) (1) (A) Beginning with the 1991-92 fiscal year, the
35schedule of basic rates in subdivision (a) shall be adjusted by the
36percentage changes in the California Necessities Index, computed
37pursuant to the methodology described in Section 11453, subject
38to the availability of funds.

P179  1(B) In addition to the adjustment in subparagraph (A) effective
2January 1, 2000, the schedule of basic rates in subdivision (a) shall
3be increased by 2.36 percent rounded to the nearest dollar.

4(C) Effective January 1, 2008, the schedule of basic rates in
5subdivision (a), as adjusted pursuant to subparagraph (B), shall be
6increased by 5 percent, rounded to the nearest dollar. The increased
7rate shall not be used to compute the monthly amount that may be
8paid to licensed foster family agencies for the placement of children
9in certified foster family homes, and shall not be used to recompute
10the foster care maintenance payment that would have been paid
11based on the age-related, state-approved foster family home care
12rate and any applicable specialized care increment, for any adoption
13assistance agreement entered into prior to October 1, 1992, or in
14any subsequent reassessment for adoption assistance agreements
15executed before January 1, 2008.

16(2) (A) Any county that, as of the 1991-92 fiscal year, receives
17state participation for a basic rate that exceeds the amount set forth
18in the schedule of basic rates in subdivision (a) shall receive an
19increase each year in state participation for that basic rate of
20one-half of the percentage adjustments specified in paragraph (1)
21until the difference between the county’s adjusted state
22participation level for its basic rate and the adjusted schedule of
23basic rates is eliminated.

24(B) Notwithstanding subparagraph (A), all counties for the
251999-2000 fiscal year and the 2007-08 fiscal year shall receive
26an increase in state participation for the basic rate of the entire
27percentage adjustment described in paragraph (1).

28(3) If a county has, after receiving the adjustments specified in
29paragraph (2), a state participation level for a basic rate that is
30below the amount set forth in the adjusted schedule of basic rates
31for that fiscal year, the state participation level for that rate shall
32be further increased to the amount specified in the adjusted
33schedule of basic rates.

34(e) (1) As used in this section, “specialized care increment”
35means anbegin delete approved AFDC-FCend delete amount paid on behalf ofbegin delete an
36AFDC-FCend delete
begin insert aend insert child requiring specialized care to a home listed in
37subdivision (g) in addition to the basic rate. Notwithstanding
38subdivision (g), the specialized care increment shall not be paid
39to a nonminor dependent placed in a supervised independent living
40setting as defined in subdivision (w) of Section 11403. A county
P180  1may have a ratesetting system for specialized care to pay for the
2additional care and supervision needed to address the behavioral,
3emotional, and physical requirements of foster children. A county
4may modify its specialized care rate system as needed, to
5accommodate changing specialized placement needs of children.

6(2) (A) The department shall have the authority to review the
7county’s specialized care information, including the criteria and
8 methodology used for compliance with state and federal law, and
9to require counties to make changes if necessary to conform to
10state and federal law.

11(B) The department shall make available to the public each
12county’s specialized care information, including the criteria and
13methodology used to determine the specialized care increments.

14(3) Upon a request by a county for technical assistance,
15specialized care information shall be provided by the department
16within 90 days of the request to the department.

17(4) (A) Except for subparagraph (B), beginning January 1,
181990, specialized care increments shall be adjusted in accordance
19with the methodology for the schedule of basic rates described in
20subdivisions (c) and (d).

21(B) Notwithstanding subdivision (e) of Section 11460, for the
221993-94 fiscal year, an amount equal to 5 percent of the State
23Treasury appropriation for family homes shall be added to the total
24augmentation for the AFDC-FC program in order to provide
25incentives and assistance to counties in the area of specialized
26care. This appropriation shall be used, but not limited to,
27encouraging counties to implement or expand specialized care
28payment systems, to recruit and train foster parents for the
29placement of children with specialized care needs, and to develop
30county systems to encourage the placement of children in family
31homes. It is the intent of the Legislature that in the use of these
32funds, federal financial participation shall be claimed whenever
33possible.

34(C) (i) Notwithstanding subparagraph (A), the specialized care
35increment shall not receive a cost-of-living adjustment in the
362011-12 or 2012-13 fiscal years.

37(ii) Notwithstanding clause (i), a county may choose to apply
38a cost-of-living adjustment to its specialized care increment during
39the 2011-12 or 2012-13 fiscal years. To the extent that a county
P181  1chooses to apply a cost-of-living adjustment during that time, the
2state shall not participate in the costs of that adjustment.

3(iii) To the extent that federal financial participation is available
4for a cost-of-living adjustment made by a county pursuant to clause
5(ii), it is the intent of the Legislature that the federal funding shall
6be utilized.

7(5) Beginning in the 2011-12 fiscal year, and for each fiscal
8year thereafter, funding and expenditures for programs and
9activities under this subdivision shall be in accordance with the
10requirements provided in Sections 30025 and 30026.5 of the
11Government Code.

12(f) (1) As used in this section, “clothing allowance” means the
13amount paid by a county, at the county’s option, in addition to the
14basic rate for the provision of additional clothing forbegin delete an AFDC-FCend delete
15begin insert aend insert child, including, but not limited to, an initial supply of clothing
16and school or other uniforms. The frequency and level of funding
17shall be based on the needs of the child, as determined by the
18county.

19(2) The state shall no longer participate in any clothing
20allowance in addition to the basic rate, commencing with the
212011-12 fiscal year.

22(g) (1) Notwithstanding subdivisions (a) to (d), inclusive, for
23a child, or on and after January 1, 2012, a nonminor dependent,
24placed in a licensed foster family home or with a resource family,
25or placed in an approved home of a relative or the approved home
26of a nonrelative extended family member as described in Section
27362.7, or placed on and after January 1, 2012, in a supervised
28independent living placement, as defined in subdivision (w) of
29Section 11400, the per child per month basic rate in the following
30schedule shall be in effect for the period commencing July 1, 2011,
31or the date specified in the final order, for which the time to appeal
32has passed, issued by a court of competent jurisdiction in California
33State Foster Parent Association v. William Lightbourne, et al. (U.S.
34Dist. Ct. C 07-08056 WHA), whichever is earlier, through June
3530, 2012:


36

 

Age

Basic rate

0-4   

$  609

5-8   

$  660

9-11   

$  695

12-14   

$  727

15-20   

$  761

P182  4

 

5(2) Commencing July 1, 2011, the basic rate set forth in this
6subdivision shall be annually adjusted on July 1 by the annual
7percentage change in the California Necessities Index applicable
8to the calendar year within which each July 1 occurs.

9(3) Subdivisions (e) and (f) shall apply to payments made
10pursuant to this subdivision.

begin delete

11(4) (A) Commencing January 1, 2017, the basic rate for all
12resource families shall be the same as the basic rate established
13pursuant to Section 11463.

end delete
begin delete

14(B) The basic rate shall be annually adjusted on July 1 by the
15annual percentage change in the California Necessities Index
16applicable to the calendar year within which each July 1 occurs.

end delete
begin insert

17
(4) (A) (i) The department shall develop a basic rate in
18coordination with the development of the foster family agency rate
19authorized in Section 11463 that ensures a child placed in a
20home-based setting described in paragraph (1), and a child placed
21in a certified family home or with a resource family approved by
22a foster family agency, is eligible for the same basic rate set forth
23in this paragraph.

end insert
begin insert

24
(ii) A certified family home of a foster family agency shall be
25paid the basic rate set forth in this paragraph only through
26December 31, 2019.

end insert
begin insert

27
(B) The basic rate paid to either a certified family home or a
28resource family approved by a foster family agency shall be paid
29by the agency to the certified family home or approved resource
30family from the rate that is paid to the agency pursuant to Section
3111463.

end insert
begin insert

32
(C) The basic rate shall be adjusted annually on July 1 by the
33annual percentage change in the California Necessities Index
34applicable to the calendar year within which each July 1 occurs.
35Notwithstanding the rulemaking provisions of the Administrative
36Procedure Act (Chapter 3.5 (commencing with Section 11340) of
37Part 1 of Division 3 of Title 2 of the Government Code), the
38annually adjusted basic rates shall be published annually by
39all-county letter.

end insert
begin insert

P183  1
(D) Notwithstanding the rulemaking provisions of the
2Administrative Procedure Act (Chapter 3.5 (commencing with
3Section 11340) of Part 1 of Division 3 of Title 2 of the Government
4Code), the basic rates and the manner in which they are determined
5shall be set forth in written directives until regulations are adopted.

end insert
begin insert

6
(E) The basic rates set forth in written directives or regulations
7pursuant to subparagraph (D) shall become inoperative on January
81, 2018, unless a later enacted statute, that becomes operative on
9or before January 1, 2018, deletes or extends the dates on which
10they become inoperative.

end insert

11(h) Beginning in the 2011-12 fiscal year, and each fiscal year
12thereafter, funding and expenditures for programs and activities
13under this section shall be in accordance with the requirements
14provided in Sections 30025 and 30026.5 of the Government Code.

15

begin deleteSEC. 46.end delete
16
begin insertSEC. 62.end insert  

Section 11462 of the Welfare and Institutions Code,
17as added by Section 72 of Chapter 773 of the Statutes of 2015, is
18amended to read:

19

11462.  

(a) The department shall commence development of
20a new payment structure for short-term residential treatment center
21program placements claiming Title IV-E funding, in consultation
22with county placing agencies and providers.

23(b) The department shall develop a rate system that includes
24consideration of all of the following factors:

25(1) Core services, made available to children and nonminor
26dependents either directly or secured through formal agreements
27with other agencies, which are trauma informed and culturally
28relevant and include:

29(A) Specialty mental health services for children who meet
30medical necessity criteria for specialty mental health services under
31the Medi-Cal Early and Periodic Screening, Diagnosis, and
32Treatment program.

33(B) Transition support services for children, youth, and families
34upon initial entry and placement changes and for families who
35assume permanency through reunification, adoption, or
36guardianship.

37(C) Educational and physical, behavioral, and mental health
38supports, including extracurricular activities and social supports.

39(D) Activities designed to support transition-age youth and
40nonminor dependents in achieving a successful adulthood.

P184  1(E) Services to achieve permanency, including supporting efforts
2to reunify or achieve adoption or guardianship and efforts to
3maintain or establish relationships with parents, siblings, extended
4family members, tribes, or others important to the child or youth,
5as appropriate.

6(F) When serving Indian children, as defined in subdivisions
7(a) and (b) of Section 224.1, the core services described in
8subparagraphs (A) to (E), inclusive, which shall be provided to
9eligible children consistent with active efforts pursuant to Section
10361.7.

11(G) (i) Facilitating the identification and, as needed, the
12approval of resource families pursuant to Section 16519.5, for the
13purpose of transitioning children and youth to family-based care.

14(ii) If a short-term residential treatment center elects to approve
15and monitor resource families directly, the center shall comply
16with all laws applicable to foster family agencies, including, but
17not limited to, those set forth in the Community Care Facilities
18Act (Chapter 3 (commencing with Section 1500) of Division 2 of
19the Health and Safety Code).

20(iii) For short-term residential treatment centers that elect to
21approve and monitor resource families directly, the department
22shall have all the same duties and responsibilities as those centers
23have for licensed foster family agencies, as set forth in applicable
24law, including, but not limited to, those set forth in the Community
25Care Facilities Act (Chapter 3 (commencing with Section 1500)
26of Division 2 of the Health and Safety Code).

27(2) The core services specified in subparagraphs (A) to (G),
28inclusive, of paragraph (1) are not intended to duplicate services
29already available to foster children in the community, but to support
30access to those services and supports to the extent they are already
31available. Those services and supports may include, but are not
32limited to, foster youth services available through county offices
33of education, Indian Health Services, or school-based
34extracurricular activities.

35(3) Specialized and intensive treatment supports that encompass
36the elements of nonmedical care and supervision necessary to meet
37a child’s or youth’s safety and other needs that cannot be met in
38a family-based setting.

39(4) Staff training.

40(5) Health and Safety Code requirements.

P185  1(6) Accreditation that includes:

2(A) Provision for all licensed short-term residential treatment
3centers to obtain and maintain in good standing accreditation from
4a nationally recognized accreditation agency, as identified by the
5department, with expertise in programs for children or youth group
6care facilities, as determined by the department.

7(B) Promulgation by the department of information identifying
8that agency or agencies from which accreditation shall be required.

9(C) Provision for timely reporting to the department of any
10change in accreditation status.

11(7) Mental health certification, including a requirement to timely
12report to the department any change in mental health certificate
13status.

14(8) Maximization of federal financial participation under Title
15IV-E and Title XIX of the Social Security Act.

16(c) The department shall establish rates pursuant to subdivisions
17(a) and (b) commencing January 1, 2017. The rate structure shall
18include an interim rate, a provisional rate for new short-term
19residential treatment centers, and a probationary rate. The
20department may supplement the rate with a one-time
21reimbursement forbegin delete the cost ofend delete accreditationbegin insert feesend insert in an amount and
22manner determined by the department in written directives.

23(1) Interim rates developed pursuant to this section shall be
24effective January 1, 2017. The interim rates shall be evaluated and
25an ongoing payment structure shall be set no later than January 1,
262020.

27(2) Consistent with Section 11466.01, for provisional and
28probationary rates, the following shall be established:

29(A) Terms and conditions, including the duration of the rate.

30(B) An administrative review process for rate determinations,
31including denials, reductions, and terminations.

32(C) An administrative review process that includes a
33departmental review, corrective action, andbegin delete an appealend deletebegin insert a protestend insert
34 with the department. Notwithstanding the rulemaking provisions
35of the Administrative Procedure Act (Chapter 3.5 (commencing
36with Section 11340) of Part 1 of Division 3 of Title 2 of the
37Government Code), this process shall be disseminated by written
38directive pending the promulgation of regulations.

39(d) The department shall develop a system of governmental
40monitoring and oversight that shall be carried out in coordination
P186  1with the State Department of Health Care Services. Oversight
2responsibilities shall include, but not be limited to, ensuring
3conformity with federal and state law, including program, fiscal,
4and health and safety audits and reviews. The state agencies shall
5attempt to minimize duplicative audits and reviews to reduce the
6administrative burden on providers.

begin delete

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

end delete
8begin insert

begin insertSEC. 63.end insert  

end insert

begin insertSection 11462.01 of the end insertbegin insertWelfare and Institutions
9Code
end insert
begin insert, as added by Section 75 of Chapter 773 of the Statutes of
102015, is amended to read:end insert

11

11462.01.  

(a) begin deleteA end deletebegin insert(1)end insertbegin insertend insertbegin insertNo later than 12 months following the
12date of initial licensure, a short-term residential treatment center,
13as defined in subdivision (ad) of Section 11400 of this code and
14paragraph (18) of subdivision (a) of Section 1502 of the Health
15and Safety Code, shall obtain a contract with a county mental
16health plan to provide specialty mental health services and
17demonstrate the ability to meet the therapeutic needs of each child,
18as identified in any of the following:end insert

begin insert

19
(A) A mental health assessment.

end insert
begin insert

20
(B) The child’s case plan.

end insert
begin insert

21
(C) The child’s needs and services plan.

end insert
begin insert

22
(D) Other documentation demonstrating the child has a mental
23health need.

end insert
begin insert

24
(2) A short-term residential treatment center shall comply with
25any other mental health program approvals required by the State
26Department of Health Care Services or by a county mental health
27plan to which mental health program approval authority has been
28delegated.

end insert

29begin insert(b)end insertbegin insertend insertbegin insertA end insertshort-term residential treatmentbegin delete center, as defined in
30subdivision (ad) of Section 11400 and paragraph (18) of
31subdivision (a) of Section 1502 of the Health and Safety Code,
32may have a program that is certified by the State Department of
33Health Care Services or by a county mental health plan to which
34the department has delegated certification authority, pursuant to
35Section 4096.5, or a program that is not certified, or both. A
36short-term residential treatment center shall accept for placement
37children who meet all of the following criteria, subject to the other
38requirements of subdivisions (b) and (c):end delete
begin insert center may accept for
39placement a child who meets the following criteria:end insert

P187  1(1) The child does not require inpatient care in a licensed health
2facility.

3(2) The child has been assessed as requiring the level of services
4provided in a short-term residential treatment center in order to
5maintain the safety and well-being of the child or others due to
6behaviors, including those resulting from traumas, that render the
7child or those around the child unsafe or at risk of harm, or that
8prevent the effective delivery of needed services and supports
9provided in the child’s own home or in other family settings, such
10as with a relative, guardian, foster family, resource family, or
11adoptive family.begin insert The assessment shall ensure the child has needs
12in common with other children or youth in the care of the facility,
13consistent with subdivision (c) of Section 16514.end insert

14(3) The child meets at least one of the following conditions:

15(A) The child has beenbegin delete assessedend deletebegin insert assessed, pursuant to Section
164096,end insert
as meeting the medical necessity criteria for Medi-Cal
17specialty mental healthbegin delete Early and Periodic Screening, Diagnosis,
18and Treatment Services, as the criteria are described in Sectionend delete

19begin insert services, as provided for in Section 1830.205 orend insert 1830.210 of Title
209 of the California Code of Regulations.

21(B) The child has beenbegin delete assessedend deletebegin insert assessed, pursuant to Section
224096,end insert
as seriously emotionally disturbed, asbegin delete describedend deletebegin insert definedend insert in
23subdivision (a) of Section 5600.3.

begin insert

24
(C) The child requires emergency placement pursuant to
25paragraph (3) of subdivision (h).

end insert
begin delete

26(C)

end delete

27begin insert(D)end insert The child has beenbegin delete assessedend deletebegin insert assessed, pursuant to Section
284096,end insert
as requiring the level of services providedbegin insert by the short-term
29residential treatment centerend insert
in order to meet his or her behavioral
30or therapeutic needs.begin delete In appropriate circumstances, this may include
31any of the following:end delete

begin insert

32
(4) Subject to the requirements of this subdivision, a short-term
33residential treatment center may have a specialized program to
34serve a child, including, but not limited to, the following:

end insert
begin delete

35(i)

end delete

36begin insert(A)end insert A commercially sexually exploited child.

begin delete

37(ii)

end delete

38begin insert(B)end insert A private voluntary placement, if the youth exhibits status
39offender behavior, the parents or other relatives feel they cannot
P188  1control the child’s behavior, and short-term intervention is needed
2to transition the child back into the home.

begin delete

3(iii)

end delete

4begin insert(C)end insert A juvenile sex offender.

begin delete

5(iv)

end delete

6begin insert(D)end insert A child who is affiliated with, or impacted by, a gang.

begin delete

7(b) A short-term residential treatment center program that is
8certified by the State Department of Health Care Services, or by
9a county mental health plan to which the department has delegated
10certification authority, pursuant to Section 4096.5, shall solely
11accept for placement, and provide access to mental health services
12to, children who meet the criteria in paragraphs (1) and (2) of
13subdivision (a), and meet the conditions of subparagraph (A) or
14(B) of paragraph (3) of subdivision (a), or both of those
15subparagraphs. Mental health services are provided directly by the
16certified program.

17(c) A short-term residential treatment center program that is not
18certified pursuant to Section 4096.5 shall solely accept for
19placement in that program a child who meets the criteria in
20paragraphs (1) and (2) of subdivision (a), and meets the conditions
21of subparagraph (A), (B), or (C) of paragraph (3) of subdivision
22(a), or any combination of those subparagraphs. A child who meets
23the conditions of subparagraphs (A) and (B) of paragraph (3) of
24subdivision (a) may be accepted for placement, if the interagency
25placement committee determines that a short-term residential
26treatment facility that is not certified has a program that meets the
27specific needs of the child and there is a commonality of needs
28with the other children in the short-term residential treatment
29center. In this situation, the short-term residential treatment center
30shall do either of the following:

31(1) In the case of a child who is a Medi-Cal beneficiary, arrange
32for the child to receive specialty mental health services from the
33county mental health plan.

34(2) In all other cases, arrange for the child to receive mental
35health services.

36(d) A foster family agency, as defined in subdivision (g) of
37Section 11400 and paragraph (4) of subdivision (a) of Section 1502
38of the Health and Safety Code, may have a program that is certified
39by the State Department of Health Care Services, or by a county
40mental health plan to which the department has delegated
P189  1certification authority, pursuant to Section 1810.435 or 1810.436
2of Title 9 of the California Code of Regulations, or a program that
3is not certified, or both. A program, subject to subdivisions (e) and
4(f), shall provide access to mental health services to the children.
5A foster family agency, depending on whether or not it has a
6certified program, shall provide access to mental health services
7to children who do not require inpatient care in a licensed health
8facility and who meet any one or more of the following conditions:

9(1) A child who has been assessed as meeting the medical
10necessity criteria for specialty mental health services under the
11Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment
12benefit, as the criteria are described in Section 1830.210 of Title
139 of the California Code of Regulations.

14(2) A child who has been assessed as seriously emotionally
15disturbed, as described in subdivision (a) of Section 5600.3.

16(3) A child who has been assessed as requiring the level of
17services to meet his or her behavioral or therapeutic needs.

18(e)

end delete

19begin insert(c)end insert A foster family agency that is certified as abegin insert Medi-Cal
20specialty mental healthend insert
provider pursuant to Section 1810.435begin delete or
211810.436end delete
of Title 9 of the California Code of Regulations by the
22State Department of Health Care Services, or by a county mental
23health plan to which the department has delegated certification
24authority,begin delete shall provide access toend deletebegin insert and which has entered into a
25contract with a county mental health plan pursuant to Section
261810.436 of Title 9 of the California Code of Regulations, shall
27provide, or provide access to, specialtyend insert
mental health services
28begin delete directlyend delete to childrenbegin delete in its programend deletebegin insert under its careend insert who do not require
29inpatient care in a licensed health facility and who meetbegin delete the
30conditions of paragraph (1) or (2) of subdivision (d).end delete
begin insert the medical
31necessity criteria for Medi-Cal specialty mental health services
32provided for in Sections 1830.205 and 1830.210 of Title 9 of the
33California Code of Regulations.end insert

begin delete

34(f)

end delete

35begin insert(d)end insert A foster family agency that is not certifiedbegin delete as described in
36subdivision (e) mayend delete
begin insert as a Medi-Cal specialty mental health provider
37shallend insert
provide access tobegin insert specialty and non-specialtyend insert mental health
38services in that program for children who do not require inpatient
39care in a licensed health facility and who meetbegin insert either ofend insert the
40conditionsbegin delete of paragraphs (1) and (2) of subdivision (d).end deletebegin insert in
P190  1paragraph (3) of subdivision (b).end insert
In this situation the foster family
2agency shall do the following:

3(1) In the case of a child who is a Medi-Cal beneficiary,begin delete have
4written interagency protocols in place toend delete
arrange for specialty
5mental health services from the county mental healthbegin delete plan or an
6organizational provider, as defined in Section 1810.231 of Title 9
7of California Code of Regulations.end delete
begin insert plan.end insert

8(2) In all other cases, arrange for the child to receive mental
9health services.

begin delete

10(g)

end delete

11begin insert(e)end insert All short-term residential treatment centers begin delete and foster family
12agencies that operate a certified programend delete
shall maintain the level
13of care and services necessary to meet the needs of the children
14and youth in their care and shall maintain and have in good
15standing the appropriate mental healthbegin delete certificationend deletebegin insert program
16approval that includes a certification to provide Medi-Cal specialty
17mental health servicesend insert
issued by the State Department of Health
18Care Services or a county mental health plan to which the
19department has delegatedbegin delete certificationend deletebegin insert mental health program
20approvalend insert
authority, pursuant to Section 4096.5 of this code or
21Section 1810.435 or 1810.436 of Title 9 of the California Code of
22 Regulations.begin insert All foster family agencies that are certified as a
23Medi-Cal specialty mental health provider pursuant to Section
241810.435 of Title 9 of the California Code of Regulations shall
25maintain the level of care and services necessary to meet the needs
26of children and youth in their care and shall maintain and have
27in good standing the Medi-Cal specialty mental health provider
28certification issued by the State Department of Health Care
29Services or a county mental health plan to which the department
30has delegated certification authority.end insert

begin delete

31(h)

end delete

32begin insert(f)end insert The assessments described in subparagraphsbegin delete (A) and (B)end deletebegin insert (A),
33(B), (C), and (D)end insert
of paragraph (3) of subdivision begin delete (a) and paragraphs
34(1) and (2) of subdivision (d), shall end delete
begin insert (b) shall ensure the child’s
35individual behavioral or treatment needs are consistent with, and
36can be met by, the facility and shallend insert
be made bybegin delete allend deletebegin insert oneend insert of the
37following, as applicable:

38(1) An interagency placement committee, as described in Section
394096, considering the recommendations from the child and family
40team, if any are available.begin insert If the short-term residential treatment
P191  1center serves children who are placed by county child welfare
2agencies and children who are placed by probation departments,
3the interagency placement committee shall also ensure the
4requirements of subdivision (c) of Section 16514 have been met
5with respect to commonality of need.end insert

6(2) A licensed mental health professional as defined in
7subdivision (g) of Section 4096.

8(3) For the purposes of this section, an AFDC-FC funded child
9with an individualized education program developed pursuant to
10Article 2 (commencing with Section 56320) of Chapter 4 of Part
1130 of Division 4 of Title 2 of the Education Code that assesses the
12child as seriously emotionally disturbed, as defined in, and subject
13to, this section and recommends out-of-home placement at the
14level of care provided by the provider, shall be deemed to have
15met the assessment requirement.

begin delete

16(4) For the purposes of this section, and only for placement into
17a foster family agency, an AFDC-FC funded child assessed
18pursuant to subdivision (b) of Section 706.6 or paragraph (2) of
19subdivision (c) of Section 16501.1, in consultation with a mental
20health professional, as defined in subdivision (g) of Section 4096.5,
21shall be deemed to have met the assessment requirement.

end delete
begin delete

22(i)

end delete

23begin insert(g)end insert Thebegin delete assessmentsend deletebegin insert evaluationend insert described in subparagraphbegin delete (C)end delete
24begin insert (A)end insert of paragraph (3) of subdivisionbegin delete (a) and paragraph (3) of
25subdivision (d)end delete
begin insert (h)end insert shall be made pursuant to subdivision (b) of
26Section 706.6 or paragraph (2) of subdivision (c) of Section
2716501.1.

begin delete

28(j)

end delete

29begin insert(h)end insert (1) The provider shall ensure that AFDC-FC funded
30children, assessed pursuant to subparagraphs (A) and (B) of
31paragraph (3) of subdivisionbegin delete (a) or paragraphs (1) and (2) of
32subdivision (d),end delete
begin insert (b),end insert who are accepted for placement have been
33approved for placement by an interagency placement committee,
34as described in Section 4096, except as provided for in paragraphs
35(3) and (4) of subdivisionbegin delete (h).end deletebegin insert (f).end insert

36(2) The approval shall be in writing and shall indicate that the
37interagency placement committee has determinedbegin delete allend deletebegin insert oneend insert of the
38following:

39(A) The child meets the medical necessity criteria for Medi-Cal
40specialty mental health begin delete Early and Periodic Screening, Diagnosis,
P192  1and Treatment as the criteria are described in Sectionend delete
begin insert services, as
2provided for in Section 1830.205 orend insert
1830.210 of Title 9 of the
3California Code of Regulations.

4(B) The child is seriously emotionally disturbed, as described
5in subdivision (a) of Section 5600.3.

begin delete

6(C) Subject to Section 1502.4 of the Health and Safety Code,
7the child needs the level of care provided by the program.

end delete

8(3) (A) Nothing in subdivisions (a) tobegin delete (i),end deletebegin insert (h),end insert inclusive, or this
9subdivision shall prevent an emergency placement of a child or
10youth into a certified short-term residential treatment centerbegin delete or
11foster family agencyend delete
program prior to the determination by the
12interagency placement committee, but only if a licensed mental
13health professional, as defined in subdivision (g) of Section 4096,
14has made a written determination within 72 hours of the child’s
15or youth’s placement, that the child or youthbegin delete is seriously
16emotionally disturbed and is in need of the care and servicesend delete

17begin insert requires the level of services and supervisionend insert provided by the
18begin delete certifiedend delete short-term residential treatment centerbegin delete or foster family
19agency.end delete
begin insert in order to meet his or her behavioral or therapeutic needs.
20If the short-term residential treatment center serves children placed
21by county child welfare agencies and children placed by probation
22departments, the interagency placement committee shall also
23ensure the requirements of subdivision (c) of Section 16514 have
24been met with respect to commonality of need.end insert

25(i) The interagency placement committee, as appropriate, shall,
26within 30 days of placement, make the determinations, with
27 recommendations from the child and family team, required by this
28subdivision.

29(ii) If it determines the placement is appropriate, the interagency
30placement committee, with recommendations from the child and
31family team, shall transmit the approval, in writing, to the county
32placing agency and the short-term residential treatmentbegin delete center or
33foster family agency.end delete
begin insert center.end insert

34(iii) If it determines the placement is not appropriate, the
35interagency placement committee shall respond pursuant to
36subparagraph (B).

37(B) begin insert(i)end insertbegin insertend insertIf the interagency placement committee determines at
38any time that the placement is not appropriate, it shall, with
39recommendations from the child and family team, transmit the
40disapproval, in writing, to the county placing agency and the
P193  1short-term residential treatment centerbegin delete or foster family agency,
2andend delete
begin insert and shall include a recommendation as to the child’s
3appropriate level of care and placement to meet his or her service
4needs. The necessary interagency placement committee
5representative or representatives shall participate in any child
6and family team meetings to referend insert
the child or youthbegin delete shall be
7referredend delete
to an appropriate placement, as specified in this section.

begin insert

8
(ii) The child may remain in the placement for the amount of
9time necessary to identify and transition the child to an alternative,
10suitable placement.

end insert
begin insert

11
(iii) Notwithstanding clause (ii), if the interagency placement
12committee determined the placement was not appropriate due to
13a health and safety concern, immediate arrangements for the child
14to transition to an appropriate placement shall occur.

end insert
begin delete

15(k)

end delete

16begin insert(i)end insert Commencing January 1, 2017, for AFDC-FC funded children
17or youth, only those children or youth who are approved for
18placement, as set forth in this section, may be accepted by a
19short-term residential treatmentbegin delete center or foster family agency.end delete
20
begin insert center.end insert

begin delete

21(l)

end delete

22begin insert(j)end insert The department shall, through regulation, establish
23consequences for the failure of a short-term residential treatment
24begin delete center, or a foster family agency,end deletebegin insert centerend insert to obtain written approval
25for placement of an AFDC-FC funded child or youth pursuant to
26this section.

begin delete

27(m)

end delete

28begin insert(k)end insert The department shall not establish a rate for a short-term
29residential treatment centerbegin delete or foster family agencyend delete unless the
30provider submits a recommendation from the host county or the
31primary placing county that the program is needed and that the
32provider is willing and capable of operating the program at the
33level sought. For purposes of this subdivision, “host county,” and
34“primary placing county,” mean the same as defined in the
35 department’s AFDC-FC ratesetting regulations.

begin delete

36(n)

end delete

37begin insert(l)end insert Any certified short-term residential treatment centerbegin delete or foster
38family agencyend delete
shall be reclassified and paid at the appropriate
39program rate for which it is qualified if either of the following
40occurs:

P194  1(1) (A) It fails to maintain the level of care and services
2necessary to meet the needs of the children and youth in care, as
3required by subdivision (a). The determination shall be made
4consistent with the department’s AFDC-FC ratesetting regulations
5 developed pursuant tobegin delete Sections 11462 and 11463end deletebegin insert Section 11462end insert
6 and shall take into consideration the highest level of care and
7associated rates for which the programbegin delete is eligible.end deletebegin insert may be eligible
8if granted an extension pursuant to Section 11462.04 or any
9reduction in rate associated with a provisional or probationary
10rate granted or imposed under 11466.01.end insert

11(B) In the event of a determination under this paragraph, the
12short-term residential treatment centerbegin delete or foster family agencyend delete may
13appeal the finding or submit a corrective action plan. The appeal
14process specified in Section 11466.6 shall be available to a
15short-term residential treatment centerbegin delete or foster family agencyend delete that
16provides intensive and therapeutic treatment. During any appeal,
17the short-term residential treatment centerbegin delete or foster family agencyend delete
18 that provides intensive and therapeutic treatment shall maintain
19the appropriate level of care.

20(2) It fails to maintain a certified mental health treatment
21program as required by subdivisionbegin delete (g).end deletebegin insert (e).end insert

begin delete

22(o)

end delete

23begin insert(m)end insert In addition to any other review required by law, the child
24and family team as defined in paragraph (4) of subdivision (a) of
25Section 16501 may periodically review the placement of the child
26or youth. If the child and family team make a recommendation
27that the child or youth no longer needs, or is not benefiting from,
28placement in a short-term residential treatment centerbegin delete or foster
29family agency,end delete
or one of its programs, the team shall transmit the
30disapproval, in writing, to the county placing agency to consider
31a more appropriate placement.

begin delete

32(p)

end delete

33begin insert(n)end insert The department shall develop a process to address
34placements when, subsequent to the child’s or youth’s placement,
35a determination is made by the interagency placement team and
36shall consider the recommendations of the child and family team,
37either that the child or youth is not in need of the care and services
38provided by the certified program. The process shall include, but
39not be limited to:

P195  1(1) Notice of the determination in writing to both the county
2placing agency and the short-term residential treatment center or
3foster family agency that provides intensive and therapeutic
4treatment.

5(2) Notice of the county’s plan, and a time frame, for removal
6of the child or youth in writing to the short-term residential
7treatment center begin deleteor foster family agencyend delete that provides intensive
8and therapeutic treatment.

9(3) Referral to an appropriate placement.

10(4) Actions to be taken if a child or youth is not timely removed
11from the short-term residential treatment centerbegin delete or foster family
12agencyend delete
that provides intensive and therapeutic treatment or placed
13in an appropriate placement.

begin delete

14(q)

end delete

15begin insert(o)end insert (1) Nothing in this section shall prohibit a short-term
16residential treatment centerbegin delete or foster family agencyend delete from accepting
17private placements of children or youth.

18(2) When a referral is not from a public agency and no public
19funding is involved, there is no requirement for public agency
20reviewbegin delete norend deletebegin insert orend insert determination of need.

21(3) Children and youth subject to paragraphs (1) and (2) shall
22have been determined to be seriously emotionally disturbed, as
23described in subdivision (a) of Section 5600.3, and subject to
24Section 1502.4 of the Health and Safety Code, by a licensed mental
25health professional, as defined in subdivision (g) of Section 4096.

begin delete

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

end delete
27

begin deleteSEC. 47.end delete
28
begin insertSEC. 64.end insert  

Section 11462.04 of the Welfare and Institutions
29Code
, as added by Section 82 of Chapter 773 of the Statutes of
302015, is amended to read:

31

11462.04.  

(a) Notwithstanding any other law, commencing
32January 1, 2017, no new group home rate or change to an existing
33rate shall be established pursuant to the Rate Classification Level
34(RCL) system.

35(b) Notwithstanding subdivision (a), the department may grant
36an exception as appropriate, on a case-by-case basis, when a written
37request and supporting documentation are provided by a county
38placing agency, including a county welfare or probation director,
39that absent the granting of that exception, there is a material risk
40to the welfare of children due to an inadequate supply of
P196  1appropriate alternative placement options to meet the needs of
2children.

3(c) For group homes being paid under the RCL system, and
4those granted an exception pursuant to paragraph (b), group home
5rates shall terminate on December 31, 2016, unless granted an
6extension under the exception process in subdivision (d).

7(d) A group home may request an exception to extend its rate
8as follows:

9(1) The department may grant an extension for up to two years,
10through December 31, 2018, except as provided in paragraph (2),
11on a case-by-case basis, when a written request and supporting
12documentation are provided by a county placing agency, including
13a county welfare or probation director, that absent the granting of
14that exception, there is a material risk to the welfare of children
15due to an inadequate supply of appropriate alternative placement
16options to meet the needs of children. The exception may include
17time to meet the program accreditation requirement or the mental
18health certification requirement.

19(2) Pursuant to Section 11462.041,begin insert after the expiration of the
20extension afforded in paragraph (1),end insert
the department may grant an
21begin insert additionalend insert extension to a group home beyond December 31, 2018,
22upon a provider submitting a written request and the county
23probation department providing documentation stating that absent
24the grant of that extension, there is a significant risk to the safety
25of the youth or the public, due to an inadequate supply of
26short-term residential treatment centers or resource families
27necessary to meet the needs of probation youth. The extension
28granted to any provider through this section may be reviewed
29annually by the department if concerns arise regarding that
30provider’s facility. Pursuant to subdivision (e) of Section
3111462.041, the final report submitted to the Legislature shall
32address whether or not the extensions are still necessary.

33(3) The exception shall allow the provider to continue to receive
34the rate under the prior ratesetting system.

35(4) A provider granted an extension pursuant to this section
36shall continue to operate and be governed by the applicable laws
37and regulations that were operative on December 31, 2018.

38(5) If the exception request granted pursuant to this subdivision
39is not made by the host county, the placing county shall notify and
40provide a copy to the host county.

P197  1(e) (1) The extended rate granted pursuant to either paragraph
2(1) or (2) of subdivision (d) shall be provisional and subject to
3terms and conditions set by the department during the provisional
4period.

5(2) Consistent with Section 11466.01, for provisional rates, the
6following shall be established:

7(A) Terms and conditions, including the duration of the
8provisional rate.

9(B) An administrative review process for provisional rate
10determinations, including denials, reductions, and terminations.

11(C) An administrative review process that includes a
12departmental review, corrective action, andbegin delete an appealend deletebegin insert a protestend insert
13 with the department. Notwithstanding the rulemaking provisions
14of the Administrative Procedure Act (Chapter 3.5 (commencing
15with Section 11340) of Part 1 of Division 3 of Title 2 of the
16Government Code), this process shall be disseminated by written
17directive pending the promulgation of regulations.

18(f) Upon termination of an existing group home rate under the
19RCL system, a new rate shall not be paid until an application is
20approved and a rate is granted by the department pursuant to
21Section 11462 as a short-term residential treatment center or,
22effective January 1, 2017, the rate set pursuant to Section 11463
23as a foster family agency.

24(g) The department shall, in the development of the new rate
25structures, consider and provide for placement of all children who
26are displaced as a result of reclassification of treatment facilities.

begin delete

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

end delete
28

begin deleteSEC. 48.end delete
29
begin insertSEC. 65.end insert  

Section 11462.06 of the Welfare and Institutions
30Code
is amended to read:

31

11462.06.  

(a) For purposes of the administration of this article,
32including the setting of group home rates, the department shall
33deem the reasonable costs of leases for shelter care for foster
34children to be allowable costs. Reimbursement of shelter costs
35shall not exceed 12 percent of the fair market value of owned,
36leased, or rented buildings, including any structures, improvements,
37edifices, land, grounds, and other similar property that is owned,
38leased, or rented by the group home and that is used for group
39home programs and activities, exclusive of idle capacity and
40capacity used for nongroup home programs and activities. Shelter
P198  1costs shall be considered reasonable in relation to the fair market
2value limit as described in subdivision (b).

3(b) For purposes of this section, fair market value of leased
4property shall be determined by either of the following methods,
5as chosen by the provider:

6(1) The market value shown on the last tax bill for the cost
7reporting period.

8(2) The market value determined by an independent appraisal.
9The appraisal shall be performed by a qualified, professional
10appraiser who, at a minimum, meets standards for appraisers as
11specified in Chapter 6.5 (commencing with Section 3500) of Title
1210 of the California Code of Regulations. The appraisal shall not
13be deemed independent if performed under a less-than-arms-length
14agreement, or if performed by a person or persons employed by,
15or under contract with, the group home for purposes other than
16performing appraisals, or by a person having a material interest in
17any group home which receives foster care payments. If the
18department believes an appraisal does not meet these standards,
19the department shall give its reasons in writing to the provider and
20provide an opportunity for appeal.

21(c) (1) The department may adopt emergency regulations in
22order to implement this section, in accordance with Chapter 3.5
23(commencing with Section 11340) of Part 1 of Division 3 of Title
242 of the Government Code.

25(2) The adoption of emergency regulations pursuant to this
26section shall be deemed to be an emergency and considered by the
27Office of Administrative Law as necessary for the immediate
28preservation of the public peace, health and safety, or general
29welfare.

30(3) Emergency regulations adopted pursuant to this section shall
31be exempt from the review and approval of the Office of
32 Administrative Law.

33(4) The emergency regulations authorized by this section shall
34be submitted to the Office of Administrative Law for filing with
35the Secretary of State and publication in the California Code of
36Regulations.

37(d) (1) Commencing July 1, 2003, any group home provider
38with a self-dealing lease transaction for shelter costs, as defined
39in Section 5233 of the Corporations Code, shall not be eligible for
40an AFDC-FC rate.

P199  1(2) Notwithstanding paragraph (1), providers that received an
2approval letter for a self-dealing lease transaction for shelter costs
3during the 2002-03 fiscal year from the Charitable Trust Section
4of the Department of Justice shall be eligible to continue to receive
5an AFDC-FC rate until the date that the lease expires, or is
6modified, extended, or terminated, whichever occurs first. These
7providers shall be ineligible to receive an AFDC-FC rate after that
8date if they have entered into any self-dealing lease transactions
9for group home shelter costs.

10(e) This section shall remain in effect only until January 1, 2019,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2019, deletes or extends that date.

13

begin deleteSEC. 49.end delete
14
begin insertSEC. 66.end insert  

Section 11462.06 is added to the Welfare and
15Institutions Code
, to read:

16

11462.06.  

(a) For purposes of the administration of this article,
17including setting AFDC-FC provider rates, the department shall
18deem the reasonable costs of leases for shelter care for foster
19children to be allowable costs.

20(b) Rental costs of real property, allowable as either shelter care
21or as necessary administration of the foster care maintenance
22payment, are allowable to the extent that the rates are reasonable
23in light of such factors as rental costs of comparable property, if
24any; market conditions in the area; alternatives available; and the
25type, life expectancy, condition, and value of the leased property,
26including any structures, improvements, edifices, land, grounds,
27 and other similar property that is used for the facility’s residential
28foster care programs and activities, exclusive of idle capacity and
29capacity used for nonresidential foster care programs and activities.

30(1) Rental costs shall be considered reasonable in relation to
31the fair market rental value limit,begin delete as describedend deletebegin insert subject to the
32requirementsend insert
in Section 200.465 of Title 2 of the Code of Federal
33
begin delete Regulations.end deletebegin insert Regulations, as implemented by the United States
34Department of Health and Human Services at Section 75.465 of
35Title 45 of the Code of Federal Regulations.end insert

36(2) Rental arrangements should be reviewed periodically to
37determine if circumstances have changed and other options are
38available.

39(c) The appraisal shall be performed by an independent,
40qualified, professional appraiser who, at a minimum, meets
P200  1standards for appraisers as specified in Chapter 6.5 (commencing
2with Section 3500) of Title 10 of the California Code of
3Regulations. The appraisal shall not be deemed independent if
4performed under a less-than-arms-length agreement, if performed
5by a person or persons employed by, or under contract with, the
6program subject to the appraisal for purposes other than performing
7appraisals, or if performed by a person having a material interest
8in any program that receives foster care payments. If the department
9believes an appraisal does not meet these standards, the department
10shall give its reasons in writing to the program and provide an
11opportunity for appeal.

12(d) (1) Any provider with a self-dealing transaction, as defined
13in Section 5233 of the Corporations Code, for a lease for shelter
14costs shall be ineligible for an AFDC-FC rate.

15(2) Lease transactions are subject to restrictions set forth in
16Section 200.465(c) of Title 2 of the Code of Federalbegin delete Regulations.end delete
17
begin insert Regulations, as implemented by the United States Department of
18Health and Human Services at Section 75.465 of Title 45 of the
19Code of Federal Regulations.end insert

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

21

begin deleteSEC. 50.end delete
22
begin insertSEC. 67.end insert  

Section 11463 of the Welfare and Institutions Code,
23as added by Section 85 of Chapter 773 of the Statutes of 2015, is
24amended to read:

25

11463.  

(a) The department shall commence development of
26a new payment structure for the Title IV-E funded foster family
27agency placement option that maximizes federal funding, in
28consultation with county placing agencies.

29(b) The department shall develop a payment system for foster
30family agencies that provide treatment, intensive treatment, and
31therapeutic foster care programs, and shall consider all of the
32following factors:

33(1) Administrative activities that are eligible for federal financial
34participation provided, at county request, for and to county-licensed
35or approved family homes and resource families, intensive case
36management and supervision, and services to achieve legal
37permanency or successful transition to adulthood.

38(2) Social work activities that are eligible for federal financial
39participation under Title IV-E of the Social Security Act.

P201  1(3) Social work and mental health services eligible for federal
2financial participation under Title XIX of the Social Security Act.

3(4) Intensive treatment or therapeutic services in the foster
4family agency.

5(5) Core services, made available to children and nonminor
6dependents either directly or secured throughbegin delete formalend delete agreements
7with other agencies, which are trauma informed and culturally
8relevant and include:

9(A) Specialty mental health services for children who meet
10medical necessity criteria for specialty mental healthbegin delete services under
11the Medi-Cal Early and Periodic Screening, Diagnosis, and
12Treatment program, as the criteria are described in Sectionend delete
begin insert services,
13as provided for in Section 1830.205 orend insert
1830.210 of Title 9, of the
14California Code of Regulations.

15(B) Transition support services for children, youth, and families
16upon initial entry and placement changes and for families who
17assume permanency through reunification, adoption, or
18guardianship.

19(C) Educational and physical, behavioral, and mental health
20supports, including extracurricular activities and social supports.

21(D) Activities designed to support transition-age youth and
22nonminor dependents in achieving a successful adulthood.

23(E) Services to achieve permanency, including supporting efforts
24to reunify or achieve adoption or guardianship and efforts to
25 maintain or establish relationships with parents, siblings, extended
26family members, tribes, or others important to the child or youth,
27as appropriate.

28(F) When serving Indian children, as defined in subdivisions
29(a) and (b) of Section 224.1, the core services specified in
30subparagraphs (A) to (E), inclusive, shall be provided to eligible
31children consistent with active efforts pursuant to Section 361.7.

32(G) The core services specified in subparagraphs (A) to (F),
33inclusive, are not intended to duplicate services already available
34to foster children in the community, but to support access to those
35services and supports to the extent already available. Those services
36and supports may include, but are not limited to, foster youth
37services available through county offices of education, Indian
38Health Services, and school-based extracurricular activities.

39(6) Staff training.

40(7) Health and Safety Code requirements.

P202  1(8) A process for accreditation that includes all of the following:

2(A) Provision for all licensed foster family agencies to maintain
3in good standing accreditation from a nationally recognized
4accreditation agency with expertise in programs for youth group
5care facilities, as determined by the department.

6(B) Promulgation by the department of information identifying
7the agency or agencies from which accreditation shall be required.

8(C) Provision for timely reporting to the department of any
9change in accreditation status.

10(9) Mental health certification, including a requirement to timely
11report to the department any change in mental health certificate
12status.

13(10) Populations served, including, but not limited to, any of
14the following:

15(A) (i) Children and youth assessed as seriously emotionally
16disturbed, as described in subdivision (a) of Section 5600.3,
17including those placed out-of-home pursuant to an individualized
18education program developed under Article 2 (commencing with
19Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of
20the Education Code.

21(ii) Children assessed as meeting the medical necessity criteria
22for specialty mental health begin delete services under the Medi-Cal Early and
23Periodic Screening, Diagnosis, and Treatment program, as the
24 criteria are described in Sectionend delete
begin insert services, as provided for in Section
251830.205 orend insert
1830.210 of Title 9 of the California Code of
26Regulations.

27(B) AFDC-FC children and youth receiving intensive and
28therapeutic treatment services in a foster family agency.

29(C) AFDC-FC children and youth receiving mental health
30treatment services from a foster family agency.

31(11) Maximization of federal financial participation for Title
32IV-E and Title XIX of the Social Security Act.

33(c) The department shall establish rates pursuant to subdivisions
34(a) and (b) commencing January 1, 2017. The rate structure shall
35include an interim rate, a provisional rate for new foster family
36agency programs, and a probationary rate. The department may
37 supplement the rate with a one-time reimbursement forbegin delete the cost
38ofend delete
accreditationbegin insert feesend insert in an amount and manner determined by the
39department in written directives.

P203  1(1) Interim rates developed pursuant to this section shall be
2effective January 1, 2017. The interim rates shall be evaluated and
3an ongoing payment structure shall be set no later than January 1,
42020.

5(2) Consistent with Section 11466.01, for provisional and
6probationary rates, the following shall be established:

7(A) Terms and conditions, including the duration of the rate.

8(B) An administrative review process for the rate determinations,
9including denials, reductions, and terminations.

10(C) An administrative review process that includes a
11departmental review, corrective action, and an appeal with the
12department. Notwithstanding the rulemaking provisions of the
13Administrative Procedure Act (Chapter 3.5 (commencing with
14Section 11340) of Part 1 of Division 3 of Title 2 of the Government
15Code), this process shall be disseminated by written directive
16pending the promulgation of regulations.

begin delete

17(3) When establishing the foster family agency rate pursuant to
18this section, the department shall make the basic rate paid to
19resource families approved by a foster family agency the same as
20the basic rate established pursuant to subdivision (g) of Section
2111461.

end delete
begin insert

22
(3) (A) (i) The foster family agency rate shall include a basic
23rate pursuant to paragraph (4) of subdivision (g) of Section 11461.
24A child or youth placed in a certified family home or an approved
25resource family of a foster family agency is eligible for the basic
26rate, which shall be passed on to the certified parent or resource
27family along with annual increases set forth in subparagraph (D).

end insert
begin insert

28
(ii) A certified family home of a foster family agency shall be
29paid the basic rate as set forth in this paragraph only through
30December 31, 2019.

end insert
begin insert

31
(B) The basic rate paid to either a certified family home or an
32approved resource family of a foster family agency shall be paid
33by the agency to the home from the rate that is paid to the agency
34pursuant to this section.

end insert
begin insert

35
(C) In addition to the basic rate described in this paragraph,
36the department shall develop foster family agency rates that
37consider specialized programs to serve children with specific
38needs, including, but not limited to, the following:

end insert
begin insert

39
(i) Intensive treatment and behavioral needs, including those
40currently being served under intensive treatment foster care.

end insert
begin insert

P204  1
(ii) Specialized health care needs.

end insert
begin insert

2
(D) The basic rate paid to a certified family home or approved
3resource family shall be adjusted annually on July 1 by the annual
4percentage change in the California Necessities Index applicable
5to the calendar year within which each July 1 occurs.
6Notwithstanding the rulemaking provisions of the Administrative
7Procedure Act (Chapter 3.5 (commencing with Section 11340) of
8Part 1 of Division 3 of Title 2 of the Government Code), the foster
9family agency and basic rates shall be published annually by
10all-county letter.

end insert
begin insert

11
(4) Notwithstanding the rulemaking provisions of the
12Administrative Procedure Act (Chapter 3.5 (commencing with
13Section 11340) of Part 1 of Division 3 of Title 2 of the Government
14Code), the foster family agency rates, and the manner in which
15they are determined, shall be set forth in written directives until
16regulations are adopted.

end insert

17(d) The department shall develop a system of governmental
18monitoring and oversight that shall be carried out in coordination
19with the State Department of Health Care Services. Oversight
20responsibilities shall include, but not be limited to, ensuring
21conformity with federal and state law, including program, fiscal,
22and health and safety reviews. The state agencies shall attempt to
23minimize duplicative audits and reviews to reduce the
24administrative burden on providers.

25(e) The department shall consider the impact on children and
26youth being transitioned to alternate programs as a result of the
27new ratesetting system.

begin delete

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

end delete
begin delete
29

SEC. 51.  

Section 11463.01 of the Welfare and Institutions
30Code
is amended to read:

31

11463.01.  

(a) (1) The department, with the advice, assistance,
32and cooperation of the counties and foster care providers, shall
33develop, implement, and maintain a ratesetting system for foster
34family agencies.

35(2) No county shall be reimbursed for any percentage increases
36in payments, made on behalf of AFDC-FC funded children who
37are placed with foster family agencies, that exceed the percentage
38cost-of-living increase provided in any fiscal year, as specified in
39subdivision (g) of Section 11461.

P205  1(b) The department shall develop regulations specifying the
2purposes, types, and services of foster family agencies, including
3the use of those agencies for the provision of emergency shelter
4care.

5(c) The department shall develop and maintain regulations
6specifying the procedures for the appeal of department decisions
7about the setting of an agency’s rate.

8(d) No supplemental clothing allowance shall be provided,
9because the rate issued in accordance with paragraph (1) of
10subdivision (g) takes the cost of clothing into account.

11(e) The schedule of rates for foster family agencies as set forth
12in Section 11463, as that section read on January 1, 2015, shall
13apply for purposes of, and may be modified pursuant to, this
14section.

15(f) (1) The department shall determine, consistent with the
16requirements of this section and other relevant requirements under
17law, the rate category for each foster family agency on a biennial
18basis. Submission of the biennial rate application shall be according
19to a schedule determined by the department.

20(2) The department shall adopt regulations to implement this
21subdivision. The adoption, amendment, repeal, or readoption of a
22regulation authorized by this subdivision is deemed to be necessary
23for the immediate preservation of the public peace, health and
24safety, or general welfare, for purposes of Sections 11346.1 and
2511349.6 of the Government Code, and the department is hereby
26exempted from the requirement to describe specific facts showing
27the need for immediate action.

28(g) (1) The basic rate payment that shall be made to the certified
29parent pursuant to this section for care and supervision of a child
30who is living in a certified home of a foster family agency, as
31defined in Section 11400, shall equal the basic rate for children
32placed in a licensed or approved home, as specified in paragraph
33(1) of subdivision (g) of Section 11461.

34(2) The basic rate payment to the certified parent made pursuant
35to paragraph (1) shall be adjusted annually on July 1, by the annual
36percentage change in the California Necessities Index, in
37accordance with paragraph (2) of subdivision (g) of Section 11461.
38The adjustment in this paragraph shall be in lieu of any adjustment
39pursuant to subdivision (e) of Section 11463, as that section read
40on January 1, 2015.

P206  1(h) Notwithstanding any other law, the changes to the basic rate
2payment specified in subdivision (g) shall not change the remaining
3components of the foster family agency rate. The new foster family
4agency rate shall be increased only by the amounts specified
5pursuant to subdivision (g). The resulting amounts shall constitute
6the new schedule of rates for foster family agencies, which shall
7be issued by all-county letters or similar instructions from the
8department.

9(i) For each fiscal year, funding and expenditures for programs
10and activities under this section shall be in accordance with the
11requirements provided in Sections 30025 and 30026.5 of the
12Government Code.

13(j) (1) Notwithstanding the rulemaking provisions of the
14Administrative Procedure Act (Chapter 3.5 (commencing with
15Section 11340) of Part 1 of Division 3 of Title 2 of the Government
16Code), the department may implement, interpret, or make specific
17the changes to this section made by the act that added this section,
18and amend and repeal regulations and orders subject to this section
19and adopted by the department by means of all-county letters or
20similar instructions from the department until regulations are
21adopted. The department shall adopt emergency regulations no
22later than July 1, 2016. The department may readopt any emergency
23regulation authorized by this section that is the same as, or
24substantially equivalent to, an emergency regulation previously
25adopted under this section.

26(2) The initial adoption of emergency regulations pursuant to
27this section and one readoption of emergency regulations shall be
28deemed an emergency and necessary for the immediate
29preservation of the public peace, health, safety, or general welfare.
30Initial emergency regulations and the one readoption of emergency
31regulations authorized by this section shall be exempt from review
32by the Office of Administrative Law. The initial emergency
33regulations and the one readoption of emergency regulations
34authorized by this section shall be submitted to the Office of
35Administrative Law for filing with the Secretary of State and each
36shall remain in effect for no more than 180 days, by which time
37final regulations may be adopted.

38(k) This section shall only apply to a foster family agency that
39has been granted an extension pursuant to the exception process
40described in subdivision (d) of Section 11463.1.

P207  1(l) This section shall become operative on January 1, 2017.

2(m) This section shall remain in effect only until January 1,
32019, and as of that date is repealed, unless a later enacted statute,
4that is enacted before January 1, 2019, deletes or extends that date.

5

SEC. 52.  

Section 11463.1 of the Welfare and Institutions Code
6 is amended to read:

7

11463.1.  

(a) Notwithstanding any other law, commencing
8January 1, 2017, no new foster family agency shall be established
9pursuant to the rate in effect through December 31, 2016.

10(b) Notwithstanding subdivision (a), the department may grant
11an exception as appropriate, on a case-by-case basis, when a written
12request and supporting documentation are provided by a county
13placing agency, including a county welfare or probation director,
14that absent the granting of that exception, there is a material risk
15to the welfare of children due to an inadequate supply of
16appropriate alternative placement options to meet the needs of
17children or youth.

18(c) Rates for foster family agencies paid under the prior rate
19system, and those granted an exception pursuant to subdivision
20(b), shall terminate on December 31, 2016, unless granted an
21extension under the exception process in subdivision (d).

22(d) A foster family agency that is otherwise licensed to operate
23as a foster family agency may request an exception to extend its
24rate as follows:

25(1) The department may grant an extension for up to two years,
26through December 31, 2018, on a case-by-case basis, when a
27written request and supporting documentation are provided by a
28county placing agency, including a county welfare or probation
29director, that absent the granting of that exception, there is a
30material risk to the welfare of children or youth due to an
31inadequate supply of appropriate alternative placement options to
32meet the needs of children. The exception may include time to
33meet the accreditation requirement or the mental health certification
34requirement.

35(2) The exception shall allow the provider to continue to receive
36the rate under the prior ratesetting system.

37(e) Upon termination of an existing foster family agency rate
38under the prior rate system, a new rate shall not be paid until an
39application is approved and a rate is granted by the department
P208  1pursuant to Section 11463 as a foster family agency or Section
211462 as a short-term residential treatment center.

3(f) The department shall, in the development of the new rate
4structures, consider and provide for placement of all children who
5are displaced as a result of reclassification of treatment facilities.

6(g) This section shall remain in effect only until January 1, 2019,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2019, deletes or extends that date.

end delete
9begin insert

begin insertSEC. 68.end insert  

end insert

begin insertSection 11463.01 of the end insertbegin insertWelfare and Institutions Codeend insert
10
begin insert is repealed.end insert

begin delete
11

11463.01.  

(a) (1) The department, with the advice, assistance,
12and cooperation of the counties and foster care providers, shall
13develop, implement, and maintain a ratesetting system for foster
14family agencies.

15(2) No county shall be reimbursed for any percentage increases
16in payments, made on behalf of AFDC-FC funded children who
17are placed with foster family agencies, that exceed the percentage
18cost-of-living increase provided in any fiscal year, as specified in
19subdivision (c) of Section 11461.

20(b) The department shall develop regulations specifying the
21purposes, types, and services of foster family agencies, including
22the use of those agencies for the provision of emergency shelter
23care.

24(c) The department shall develop and maintain regulations
25specifying the procedures for the appeal of department decisions
26about the setting of an agency’s rate.

27(d) No supplemental clothing allowance shall be provided,
28because the rate issued in accordance with paragraph (1) of
29subdivision (g) takes the cost of clothing into account.

30(e) The schedule of rates for foster family agencies as set forth
31in Section 11463, as that section read on January 1, 2015, shall
32apply for purposes of, and may be modified pursuant to, this
33section.

34(f) (1) The department shall determine, consistent with the
35requirements of this section and other relevant requirements under
36law, the rate category for each foster family agency on a biennial
37basis. Submission of the biennial rate application shall be according
38to a schedule determined by the department.

39(2) The department shall adopt regulations to implement this
40subdivision. The adoption, amendment, repeal, or readoption of a
P209  1regulation authorized by this subdivision is deemed to be necessary
2for the immediate preservation of the public peace, health and
3safety, or general welfare, for purposes of Sections 11346.1 and
411349.6 of the Government Code, and the department is hereby
5exempted from the requirement to describe specific facts showing
6the need for immediate action.

7(g) (1) The basic rate payment that shall be made to the certified
8parent pursuant to this section for care and supervision of a child
9who is living in a certified home of a foster family agency, as
10defined in Section 11400, shall equal the basic rate for children
11placed in a licensed or approved home, as specified in paragraph
12(1) of subdivision (g) of Section 11461.

13(2) The basic rate payment to the certified parent made pursuant
14to paragraph (1) shall be adjusted annually on July 1, by the annual
15percentage change in the California Necessities Index, in
16accordance with paragraph (2) of subdivision (g) of Section 11461.
17The adjustment in this paragraph shall be in lieu of any adjustment
18pursuant to subdivision (e) of Section 11463, as that section read
19on January 1, 2015.

20(h) Notwithstanding any other law, the changes to the basic rate
21payment specified in subdivision (g) shall not change the remaining
22components of the foster family agency rate. The new foster family
23agency rate shall be increased only by the amounts specified
24pursuant to subdivision (g). The resulting amounts shall constitute
25the new schedule of rates for foster family agencies, which shall
26be issued by all-county letters or similar instructions from the
27department.

28(i) For each fiscal year, funding and expenditures for programs
29and activities under this section shall be in accordance with the
30requirements provided in Sections 30025 and 30026.5 of the
31Government Code.

32(j) (1) Notwithstanding the rulemaking provisions of the
33Administrative Procedure Act (Chapter 3.5 (commencing with
34Section 11340) of Part 1 of Division 3 of Title 2 of the Government
35Code), the department may implement, interpret, or make specific
36the changes to this section made by the act that added this section,
37and amend and repeal regulations and orders subject to this section
38and adopted by the department by means of all-county letters or
39similar instructions from the department until regulations are
40adopted. The department shall adopt emergency regulations no
P210  1later than July 1, 2016. The department may readopt any emergency
2regulation authorized by this section that is the same as, or
3substantially equivalent to, an emergency regulation previously
4adopted under this section.

5(2) The initial adoption of emergency regulations pursuant to
6this section and one readoption of emergency regulations shall be
7deemed an emergency and necessary for the immediate
8preservation of the public peace, health, safety, or general welfare.
9Initial emergency regulations and the one readoption of emergency
10regulations authorized by this section shall be exempt from review
11by the Office of Administrative Law. The initial emergency
12regulations and the one readoption of emergency regulations
13authorized by this section shall be submitted to the Office of
14Administrative Law for filing with the Secretary of State and each
15shall remain in effect for no more than 180 days, by which time
16final regulations may be adopted.

17(k) This section shall only apply to a foster family agency that
18has been granted an extension pursuant to the exception process
19described in subdivision (d) of Section 11463.1.

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

21(m) This section shall remain in effect only until January 1,
222018, and as of that date is repealed, unless a later enacted statute,
23that is enacted before January 1, 2018, deletes or extends that date.

end delete
24begin insert

begin insertSEC. 69.end insert  

end insert

begin insertSection 11463.1 of the end insertbegin insertWelfare and Institutions Codeend insert
25
begin insert is repealed.end insert

begin delete
26

11463.1.  

(a) Notwithstanding any other law, commencing
27January 1, 2017, no new foster family agency shall be established
28pursuant to the rate in effect through December 31, 2016.

29(b) Notwithstanding subdivision (a), the department may grant
30an exception as appropriate, on a case-by-case basis, when a written
31request and supporting documentation are provided by a county
32placing agency, including a county welfare or probation director,
33that absent the granting of that exception, there is a material risk
34to the welfare of children due to an inadequate supply of
35appropriate alternative placement options to meet the needs of
36children or youth.

37(c) Rates for foster family agencies paid under the prior rate
38system, and those granted an exception pursuant to subdivision
39(b), shall terminate on December 31, 2016, unless granted an
40extension under the exception process in subdivision (d).

P211  1(d) A foster family agency may request an exception to extend
2its rate as follows:

3(1) The department may grant an extension for up to two years,
4through December 31, 2018, on a case-by-case basis, when a
5written request and supporting documentation are provided by a
6county placing agency, including a county welfare or probation
7director, that absent the granting of that exception, there is a
8material risk to the welfare of children or youth due to an
9inadequate supply of appropriate alternative placement options to
10meet the needs of children. The exception may include time to
11meet the accreditation requirement or the mental health certification
12requirement.

13(2) The exception shall allow the provider to continue to receive
14the rate under the prior ratesetting system.

15(e) Upon termination of an existing foster family agency rate
16under the prior rate system, a new rate shall not be paid until an
17application is approved and a rate is granted by the department
18pursuant to Section 11463 as a foster family agency or Section
1911462 as a short-term residential treatment center.

20(f) The department shall, in the development of the new rate
21structures, consider and provide for placement of all children who
22are displaced as a result of reclassification of treatment facilities.

23(g) This section shall remain in effect only until January 1, 2019,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2019, deletes or extends that date.

end delete
26

begin deleteSEC. 53.end delete
27
begin insertSEC. 70.end insert  

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

29

11466.  

For the purposes of this section to Section 11469.1,
30inclusive, “provider” shall mean a group home, short-term
31residential treatment center, a foster family agency, and similar
32foster care business entities.

33

begin deleteSEC. 54.end delete
34
begin insertSEC. 71.end insert  

Section 11466.01 is added to the Welfare and
35Institutions Code
, to read:

36

11466.01.  

(a) Commencing January 1, 2017, a provisional
37rate shall be set for all of the following:

38(1) A provider that is granted an extension pursuant to paragraph
39(1) of subdivision (d) of Section 11462.04.

P212  1(2) A provider that is granted an extension pursuant to paragraph
2(2) of subdivision (d) of Section 11462.04.

begin delete

3(3) A provider that is granted an extension pursuant to Section
411463.1.

end delete
begin insert

5
(3) A foster family agency licensed on or before January 1,
62017, upon submission of a program statement pursuant to Section
71506.1 of the Health and Safety Code.

end insert

8(4) A new short-term residential treatment center provider.

9(5) A new foster family agency provider.

10(b) The provisional rate shall be subject to terms and conditions,
11including the duration of the provisional period, set by the
12department.

13(1) For a provider described in paragraph (1) or (3) of
14subdivision (a), a provisional rate may be granted for a period that
15is not extended beyond December 31, 2018.

16(2) For a provider described in paragraph (2) of subdivision (a),
17a provisional rate may be granted and may be reviewed on an
18annual basis, pursuant to paragraph (2) of subdivision (d) of Section
1911462.04.

20(3) For a provider described in paragraph (4) or (5) of
21subdivision (a), a provisional rate may be granted for a period of
22up to 24 months from the date the provider’s license was issued.

23(c) In determining whether to grant, and upon what conditions
24to grant, a provisional rate, the department shall consider factors
25including the following:

26(1) Any prior extension granted pursuant to Section 11462.04
27orbegin delete 11463.1.end deletebegin insert 11462.041.end insert

28(2) Any licensing history for any license with which the
29program, or its directors or officers, have been associated.

30(3) Any financial, fiscal, or compliance audit history with which
31the program, or its directors or officers, have been associated.

32(4) Outstanding civil penalties or overpayments with which the
33program, or its directors or officers, have been associated.

begin insert

34
(5) Any violations of state or federal law.

end insert

35(d) In determining whether to continue, and upon what
36conditions to continue, a provisional rate, the department shall
37consider those factors specified in subdivision (c), as well as
38compliance with the terms, conditions, and requirements during
39the provisional period.

P213  1(e) In determining whether, at the end of the provisional rate
2period or thereafter, to grant abegin delete standardend delete rate and whether to impose
3or continue, and upon what conditions to impose or continue, a
4probationary rate the department shall consider the factors specified
5in subdivision (c).

6(f) The department shall establish an administrative review
7process for determinations, including denial,begin insert rateend insert reduction,
8 probation, and termination of the provisional and probationary
9rates. This process shall include a departmental review, corrective
10action, andbegin delete an appealend deletebegin insert a protestend insert with the department.
11Notwithstanding the rulemaking provisions of the Administrative
12Procedure Act (Chapter 3.5 (commencing with Section 11340) of
13Part 1 of Division 3 of Title 2 of the Government Code), this
14process shall be disseminated by written directive pending the
15promulgation of regulations.

16(g) (1) (A) For the purposes of this section, a “provisional rate”
17is a prospective rate given to a provider described in subdivision
18(a) based on an assurance to perform in accordance with terms and
19conditions attached to the granting of the provisional rate.

begin delete

20(B) For the purposes of this section, a “standard rate” is the rate
21granted at the conclusion of a provisional rate period upon meeting
22the terms and conditions.

end delete
begin delete

23(C)

end delete

24begin insert(B)end insert For the purposes of this section, a “probationary rate” isbegin delete the
25imposition of limitations and conditions on a standard rate.end delete
begin insert a rate
26upon which limitations and conditions are imposed as a result of
27violations of terms, conditions, or state or federal law, including
28those set forth in subdivisions (c) and (d).end insert

29(2) (A) At the conclusion of a provisional rate, a probationary
30rate may be imposed, at the discretion of the department, if
31additional oversight is deemed necessary based on the provider’s
32performance during the provisional rate period.

33(B) At any time, abegin delete standardend delete rate may become a probationary
34rate if additional oversight is deemed necessary based on the
35provider’s performance in accordance with terms and condition
36attached to the granting or maintenance of its rate.

begin insert

37
(C) A probationary rate may be accompanied by a rate
38reduction.

end insert
P214  1

begin deleteSEC. 55.end delete
2
begin insertSEC. 72.end insert  

Section 11466.2 of the Welfare and Institutions Code,
3as added by Section 91 of Chapter 773 of the Statutes of 2015, is
4amended to read:

5

11466.2.  

(a) (1) The department shall perform or have
6performed provider program and fiscal audits as needed. Provider
7programs shall maintain all child-specific, programmatic,
8personnel, fiscal, and other information affecting ratesetting and
9AFDC-FC payments for a period of not less than five years.

10(2) Provider fiscal audits shall be conducted pursuant to Part
11200 (commencing with Section 200.0) of Chapter II of Subtitle A
12of Title 2 of the Code of Federal Regulations,begin insert as implemented by
13the United States Department of Health and Human Services at
14Part 75 (commencing with Section 75.1) of Title 45 of the Code
15of Federal Regulations,end insert
including uniform administrative
16requirements, cost principles, and audit requirements, asbegin delete authorizedend delete
17begin insert specifically implementedend insert in Section 75.106 of Title 45 of the Code
18of Federal Regulations.

19(3) A provider may request a hearing of the department’s audit
20determination under this section no later than 30 days after the
21date the department issues its audit determination. The
22department’s audit determination shall be final if the provider does
23not request a hearing within the prescribed time. Within 60 days
24of receipt of the request for hearing, the department shall conduct
25a hearing on the audit determination. The standard of proof shall
26be the preponderance of the evidence and the burden of proof shall
27be on the department. The hearing officer shall issue the proposed
28decision within 45 days of the close of the evidentiary record. The
29director shall adopt, reject, or modify the proposed decision, or
30refer the matter back to the hearing officer for additional evidence
31or findings within 100 days of issuance of the proposed decision.
32If the director takes no action on the proposed decision within the
33prescribed time, the proposed decision shall take effect by operation
34of law.

35(b) The department shall develop regulations to correct a
36program’s audit findings, adjust the rate, and recover any
37overpayments resulting from an overstatement of the projected
38level of care and services and other audit findings.

39(c) (1) In any audit conducted by the department, the
40department, or other public or private audit agency with which the
P215  1department contracts, shall coordinate with the department’s
2licensing and ratesetting entities so that a consistent set of
3standards, rules, and auditing protocols are maintained. The
4department, or other public or private audit agency with which the
5department contracts, shall make available to all providers, in
6writing, any standards, rules, and auditing protocols to be used in
7those audits.

8(2) The department shall provide exit interviews with providers,
9whenever deficiencies are found, in which those deficiencies may
10be explained and permit providers an opportunity to respond. The
11department shall adopt regulations specifying the procedure for
12the appeal of audit findings.

begin delete

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

end delete
14

begin deleteSEC. 56.end delete
15
begin insertSEC. 73.end insert  

Section 11466.21 of the Welfare and Institutions
16Code
is amended to read:

17

11466.21.  

(a) In accordance with subdivision (b), as a
18condition to receive an AFDC-FC rate for a program including,
19but not limited to, a group home, a foster family agency, a
20short-term residential treatment center, and other similar business
21entities providing foster care, the following shall apply:

22(1) Any provider who expends in combined federal funds an
23amount at or above the federal funding threshold in accordance
24with the federal Single Audit Act, as amended, and Section 200.501
25of Title 2 of the Code of Federalbegin delete Regulationsend deletebegin insert Regulations, as
26 implemented by the United States Department of Health and
27Human Services at Section 75.501 of Title 45 of the Code of
28Federal Regulations,end insert
shall arrange to have a financial audit
29conducted on an annual basis, and shall submit the financial audit
30to the department in accordance with regulations adopted by the
31department, all-county letter, or similar written instructions.

32(2) Any provider who expends in combined federal funds an
33amount below the federal funding threshold shall annually submit
34a financial audit to the department pursuant to Generally Accepted
35Government Auditing Standards (GAGAS), and shall submit the
36financial audit to the department in accordance with regulations
37adopted by the department, all-county letter, or similar written
38instructions.

39(3) The scope of the financial audit shall include all of the
40programs and activities operated by the provider and shall not be
P216  1limited to those funded in whole or in part by the AFDC-FC
2program. The financial audits shall include, but not be limited to,
3an evaluation of the expenditures and accounting and control
4systems of the provider.

5(4) The provider shall have its financial audit conducted by
6certified public accountants or by state-licensed public accountants,
7with audit designation, who have no direct or indirect relationship
8with the functions or activities being audited, or with the provider,
9its board of directors, or other governing body, officers, or staff.

10(5) The provider shall have its financial audits conducted in
11accordance with Government Auditing Standards issued by the
12Comptroller General of the United States and in compliance with
13generally accepted accounting principles applicable to private
14entities organized and operated on a nonprofit basis.

15(6) (A) Each provider shall have the flexibility to define the
16calendar months included in its fiscal year.

17(B) A provider may change the definition of its fiscal year.
18However, the financial audit conducted following the change shall
19cover all of the months since the last audit, even though this may
20cover a period that exceeds 12 months.

21(b) (1) In accordance with subdivision (a), as a condition to
22receive an AFDC-FC rate, a provider shall submit a copy of its
23most recent financial audit report, except as provided in paragraph
24(3).

25(2) The department shall terminate the rate of a provider who
26fails to submit a copy of its most recent financial audit pursuant
27to subdivision (a). A terminated rate shall only be reinstated upon
28the provider’s submission to the department of an acceptable
29financial audit.

30(3) A new provider that has been incorporated for fewer than
3112 calendar months shall not be required to submit a copy of a
32financial audit to receive an AFDC-FC rate for a new program.
33The financial audit shall be conducted on the provider’s next full
34fiscal year of operation. The provider shall submit the financial
35audit to the department in accordance with subdivision (a).

36(c) The department shall issue a management decision letter on
37audit findings, made by the independent auditor or as a result of
38department review, within six months of receipt of the financial
39audit report. The management decision letter shall clearly state
40whether or not the audit finding is sustained, the reasons for the
P217  1 decision, and the action or actions expected of the nonprofit
2organization provider to repay disallowed costs, make financial
3adjustments, or take other action.

4(d) Repeated late submission of financial audits, repeat findings
5in financial audits, or failure to comply with corrective action in
6a management decision letter may result in monetary penalties or
7a reduction, suspension, or termination of the provider’s rate in
8accordance with regulations adopted by the department, all-county
9letter, or similar written instructions. This subdivision shall not be
10construed to affect the department’s authority under other
11provisions of law, including, but not limited to, Part 200 of Title
122 of the Code of Federalbegin delete Regulations. end deletebegin insert Regulations, as implemented
13by the United States Department of Health and Human Services
14at Part 75 (commencing with Section 75.1) of Title 45 of the Code
15of Federal Regulations.end insert

16

begin deleteSEC. 57.end delete
17
begin insertSEC. 74.end insert  

Section 11466.22 of the Welfare and Institutions
18Code
is amended to read:

19

11466.22.  

(a) It is the intent of the Legislature to ensure overall
20program integrity in the AFDC-FC program through the
21establishment of an effective and efficient process for the collection
22of provider sustained overpayments. Furthermore, the intent of the
23Legislature is to ensure that children placed in AFDC-FC programs,
24including, but not limited to, group homes, short-term residential
25treatment centers, and foster family agencies, receive the level of
26care and supervision commensurate with the program’s paid rate.

27(b) For the purposes of this section, a provider is a licensee of
28an AFDC-FC program listed in Section 11402, including, but not
29limited to, a group home, short-term residential treatment center,
30foster family agency that provides treatment services, or a similar
31business entity, receiving foster care maintenance payments under
32the AFDC-FC program. The department may collect a sustained
33overpayment from the party responsible for the sustained
34overpayment, regardless of whether the party remains in the
35business of providing any AFDC-FC programs, and regardless of
36whether the provider remains licensed by the department.

37(c) For the purposes of this section, a provider overpayment is
38an overpayment that results in an audit period when a provider
39receives a rate reimbursement to which it is not entitled. If a
40provider receives a rate reimbursement to which it is not entitled,
P218  1including, but not limited to, the provider failing to maintain a
2license, or failing to maintain its status as a nonprofit organization,
3or due to an overpayment determined as described in paragraph
4(1) of subdivision (d), it shall be liable to repay the overpayment.

5(d) (1) Overpayments shall be determined by either a provider
6audit pursuant to Section 11466.21, a department audit conducted
7pursuant to Section 11466.2, a management decision letter, or a
8provider self-reporting an overpayment. A self-reported
9overpayment may include a finding in the financial audit report
10submitted by the provider whether that finding is formally made
11in the financial audit report or discovered through department
12review of the report or other provider submission.

13(2) If a hearing is not requested, or on the 60th day after an
14informal decision if a provider or the department does not file a
15notice of intent to file a formal appeal, or on the 30th day following
16a formal appeal hearing decision, whichever is latest, a provider
17overpayment shall be sustained for collection purposes and the
18department shall issue a demand letter for repayment of the
19sustained overpayment.

20(3) The department shall establish a voluntary repayment
21agreement procedure with a maximum repayment period of nine
22years. The procedure shall take into account the amount of the
23overpayment, projected annual income of the program that caused
24the overpayment, a minimum repayment amount, including
25principal and interest, of 3 percent of annual income prorated on
26a monthly basis, simple interest for the first seven years of the
27voluntary repayment agreement on the overpayment amount based
28on the Surplus Money Investment Fund, and simple interest for
29the eighth and ninth years of the voluntary repayment agreement
30based on the prime rate at that time plus 3 percent. The department
31may consider renegotiation of a voluntary repayment agreement
32if the department determines that the agreement would cause severe
33harm to children in placement.

34(4) The department shall establish an involuntary overpayment
35collection procedure, that shall take into account the amount of
36the overpayment, projected annual income, a minimum required
37repayment amount, including principal and interest, of 5 percent
38of the annual income prorated on a monthly basis, simple interest
39on the overpayment amount based on the Surplus Money
40Investment Fund, and a maximum repayment period of seven
P219  1years. The department may consider renegotiation of an involuntary
2payment agreement if the department determines that the agreement
3would cause severe harm to children in placement.

4(e) The department shall maintain, by regulation, all-county
5letter, or similar written directive, a procedure for recovery of any
6provider sustained overpayments. The department shall prioritize
7collection methods, which shall include voluntary repayment
8agreement procedures, involuntary overpayment collection
9procedures, including the use of a statutory lien, rate request
10denials, rate decreases, and rate terminations. The department may
11also deny rate requests, including requests for rate increases, or
12program changes or expansions, while an overpayment is due.

13(f) Whenever the department determines that a provider
14sustained overpayment has occurred, the department shall recover
15from the provider the full amount of the sustained overpayment,
16and simple interest on the sustained overpayment amount, pursuant
17to methods described in subdivision (e), against the provider’s
18income or assets.

19(g) If a provider is successful in its appeal of a collected
20overpayment, it shall be repaid the collected overpayment plus
21simple interest based on the Surplus Money Investment Fund.

22

begin deleteSEC. 58.end delete
23
begin insertSEC. 75.end insert  

Section 11466.24 of the Welfare and Institutions
24Code
is amended to read:

25

11466.24.  

(a) In accordance with this section, a county shall
26collect an overpayment, discovered on or after January 1, 1999,
27made to a foster family home, an approved home of a relative,
28including, on and after the date that the director executes a
29declaration pursuant to Section 11217, the home of a Kin-GAP
30guardian, an approved home of a nonrelative extended family
31member, an approved home of a nonrelative legal guardian, a
32resource family, as defined in subdivision (c) of Section 16519.5,
33or the supervised independent living setting where a nonminor
34dependent resides, for any period of time in which the foster child
35was not cared for in that home, unless any of the following
36conditions exist, in which case a county shall not collect the
37overpayment:

38(1) The cost of the collection exceeds that amount of the
39overpayment that is likely to be recovered by the county. The cost
40of collecting the overpayment and the likelihood of collection shall
P220  1be documented by the county. Costs that the county shall consider
2when determining the cost-effectiveness to collect are total
3administrative, personnel, legal filing fee, and investigative costs,
4and any other applicable costs.

5(2) The child was temporarily removed from the home and
6payment was owed to the provider to maintain the child’s
7placement, or the child was temporarily absent from the provider’s
8home, or on runaway status and subsequently returned, and
9payment was made to the provider to meet the child’s needs.

10(3) The overpayment was exclusively the result of a county
11administrative error or both the county welfare department and
12the provider or nonminor dependent were unaware of the
13information that would establish that the foster child or nonminor
14dependent was not eligible for foster care benefits.

15(4) The provider or nonminor dependent did not have knowledge
16of, and did not contribute to, the cause of the overpayment.

17(b) (1) After notification by a county of an overpayment to a
18foster family home, an approved home of a relative, including the
19home of a Kin-GAP guardian, or a nonrelative extended family
20member, approved home of a nonrelative legal guardian, a resource
21family, or the supervised independent living setting where the
22nonminor dependent resides, and a demand letter for repayment,
23the foster parent, approved relative, approved nonrelative legal
24guardian, resource family, or nonminor dependent may request
25the county welfare department to review the overpayment
26determination in an informal hearing, or may file with the
27department a request for a hearing to appeal the overpayment
28determination. Requesting an informal hearing shall not preclude
29a payee from seeking a formal hearing at a later date. The county
30welfare department shall dismiss the overpayment repayment
31request if it determines the action to be incorrect through an initial
32review prior to a state hearing, or through a review in an informal
33hearing held at the request of the foster parent, relative, nonrelative
34legal guardian, or nonminor dependent.

35(2) If an informal hearing does not result in the dismissal of the
36overpayment, or a formal appeal hearing is not requested, or on
37the 30th day following a formal appeal hearing decision, whichever
38is later, the foster family provider overpayment shall be sustained
39for collection purposes.

P221  1(3) The department shall adopt regulations that ensure that the
2best interests of the child or nonminor dependent shall be the
3primary concern of the county welfare director in any repayment
4agreement.

5(c) (1) The department shall develop regulations for recovery
6of overpayments made to any foster family home, approved home
7of a relative, including the home of a Kin-GAP guardian, approved
8 home of a nonrelative legal guardian, resource family, or supervised
9independent living setting where a nonminor dependent resides.
10The regulations shall prioritize collection methods, that shall
11include voluntary repayment agreement procedures and involuntary
12overpayment collection procedures. These procedures shall take
13into account the amount of the overpayment and a minimum
14required payment amount.

15(2) A county shall not collect an overpayment through the use
16of an involuntary payment agreement unless a foster family home,
17an approved home of a relative, including the home of a Kin-GAP
18guardian, approved home of a nonrelative legal guardian, resource
19family, or supervised independent living setting where a nonminor
20dependent resides has rejected the offer of a voluntary overpayment
21agreement, or has failed to comply with the terms of the voluntary
22overpayment agreement.

23(3) A county shall not be permitted to collect an overpayment
24through the offset of payments due to a foster family home, an
25approved home of a relative, including the home of a Kin-GAP
26guardian, approved home of a nonrelative legal guardian, resource
27family, or supervised independent living setting where a nonminor
28dependent resides, unless this method of repayment is requested
29by the provider or nonminor dependent in a voluntary repayment
30agreement, or other circumstances defined by the department by
31regulation.

32(d) If a provider or nonminor dependent is successful in its
33appeal of a collected overpayment, it shall be repaid the collected
34overpayment plus simple interest based on the Surplus Money
35Investment Fund.

36(e) A county may not collect interest on the repayment of an
37overpayment.

38(f) There shall be a one-year statute of limitations from the date
39upon which the county determined that there was an overpayment.

P222  1

begin deleteSEC. 59.end delete
2
begin insertSEC. 76.end insert  

Section 11466.25 of the Welfare and Institutions
3Code
is amended to read:

4

11466.25.  

Interest begins to accrue on a provider overpayment
5or penalty on the date of the issuance of the penalty, the date of
6issuance of the final audit report, or the date of the issuance of a
7management decision letter in accordance with Section 11466.21,
8or the date that a provider self-reports an overpayment.

9

begin deleteSEC. 60.end delete
10
begin insertSEC. 77.end insert  

Section 11466.31 of the Welfare and Institutions
11Code
is amended to read:

12

11466.31.  

(a) When it has been determined that a provider
13participating in the AFDC-FC program owes an overpayment that
14is due and payable, the department may implement involuntary
15offset collection procedures to collect sustained overpayments
16from a provider if the provider does not enter into a voluntary
17repayment agreement with the department or the provider has three
18outstanding payments on a voluntary repayment agreement before
19the overpayment is repaid.

20(b) The minimum monthly overpayment offset amount from
21monthly rate reimbursements shall be determined using the
22involuntary collection procedures developed pursuant to paragraph
23(4) of subdivision (d) of Section 11466.22. Overpayments shall
24be offset against current monthly rate reimbursement payments
25due and payable to a provider under this chapter.

26(c) Failure to repay an overpayment shall be grounds for
27termination of the provider’s rate and shall result in a referral to
28the department’s Community Care Licensing Division for license
29revocation.

30

begin deleteSEC. 61.end delete
31
begin insertSEC. 78.end insert  

Section 11466.32 of the Welfare and Institutions
32Code
is amended to read:

33

11466.32.  

(a) If a provider that owes a sustained overpayment
34pursuant to paragraph (2) of subdivision (d) of Section 11466.22
35does not enter into a voluntary repayment agreement with the
36department, or the provider has three outstanding payments on a
37voluntary repayment agreement before the overpayment is repaid,
38in addition to the monthly overpayment offset amount, 50 percent
39of any increases resulting from California Necessities Index (CNI)
40adjustments and provider’s rate adjustments to the standard rate
P223  1that are due to a provider shall be withheld until the sustained
2overpayment amount is collected. Once the overpayment amount
3is collected, the provider shall begin to prospectively receive the
4full amount of any California Necessities Index and rate adjustment
5to which it is entitled.

6(b) Any provider subject to involuntary repayment of a sustained
7overpayment pursuant to Section 11466.31 shall be ineligible to
8receive any rate increase or program change or expansion, until
9the repayment is completed or until the host county or the primary
10placement county provide the department with a request for waiver
11of this paragraph.

12

begin deleteSEC. 62.end delete
13
begin insertSEC. 79.end insert  

Section 11469 of the Welfare and Institutions Code
14 is amended to read:

15

11469.  

(a) The department shall develop, following
16consultation with group home providers, the County Welfare
17Directors Association of California, the Chief Probation Officers
18of California, the County Behavioral Health Directors Association
19of California, the State Department of Health Care Services, and
20stakeholders, performance standards and outcome measures for
21determining the effectiveness of the care and supervision, as
22defined in subdivision (b) of Section 11460, provided by group
23homes under the AFDC-FC program pursuant to Sections 11460
24and 11462. These standards shall be designed to measure group
25home program performance for the client group that the group
26home program is designed to serve.

27(1) The performance standards and outcome measures shall be
28designed to measure the performance of group home programs in
29areas over which the programs have some degree of influence, and
30in other areas of measurable program performance that the
31department can demonstrate are areas over which group home
32programs have meaningful managerial or administrative influence.

33(2) These standards and outcome measures shall include, but
34are not limited to, the effectiveness of services provided by each
35group home program, and the extent to which the services provided
36by the group home assist in obtaining the child welfare case plan
37objectives for the child.

38(3) In addition, when the group home provider has identified
39as part of its program for licensing, ratesetting, or county placement
40purposes, or has included as a part of a child’s case plan by mutual
P224  1agreement between the group home and the placing agency,
2specific mental health, education, medical, and other child-related
3services, the performance standards and outcome measures may
4also measure the effectiveness of those services.

5(b) Regulations regarding the implementation of the group home
6performance standards system required by this section shall be
7adopted no later than one year prior to implementation. The
8regulations shall specify both the performance standards system
9and the manner by which the AFDC-FC rate of a group home
10program shall be adjusted if performance standards are not met.

11(c) Except as provided in subdivision (d), effective July 1, 1995,
12group home performance standards shall be implemented. Any
13group home program not meeting the performance standards shall
14have its AFDC-FC rate, set pursuant to Section 11462, adjusted
15according to the regulations required by this section.

16(d) A group home program shall be classified at rate
17classification level 13 or 14 only if it has been granted an extension
18pursuant to subdivision (d) of Section 11462.04 and all of the
19following are met:

20(1) The program generates the requisite number of points for
21rate classification level 13 or 14.

22(2) The program only accepts children with special treatment
23needs as determined through the assessment process pursuant to
24paragraph (2) of subdivision (a) of Section 11462.01.

25(3) The program meets the performance standards designed
26pursuant to this section.

27(e) Notwithstanding subdivision (c), the group home program
28performance standards system shall not be implemented prior to
29the implementation of the AFDC-FC performance standards
30system.

31(f) On or before January 1, 2016, the department shall develop,
32following consultation with the County Welfare Directors
33Association of California, the Chief Probation Officers of
34California, the County Behavioral Health Directors Association
35of California, research entities, foster children, advocates for foster
36children, foster care provider business entities organized and
37operated on a nonprofit basis, Indian tribes, and other stakeholders,
38additional performance standards and outcome measures that
39require group homes to implement programs and services to
40minimize law enforcement contacts and delinquency petition filings
P225  1arising from incidents of allegedly unlawful behavior by minors
2occurring in group homes or under the supervision of group home
3staff, including individualized behavior management programs,
4emergency intervention plans, and conflict resolution processes.

5(g) On or before January 1, 2017, the department shall develop,
6following consultation with the County Welfare Directors
7Association of California, the Chief Probation Officers of
8California, the County Behavioral Health Directors Association
9of California, the Medical Board of California, research entities,
10foster children advocates for foster children, foster care provider
11business entities organized and operated on a nonprofit basis,
12Indian tribes, and other stakeholders, additional performance
13standards and outcome measures that require group homes and
14short-term residential treatment centers to implement alternative
15programs and services, including individualized behavior
16management programs, emergency intervention plans, and conflict
17 resolution processes.

18(h) Performance standards and outcome measures developed
19pursuant to this section shall apply to short-term residential
20treatment centers.

21

begin deleteSEC. 63.end delete
22
begin insertSEC. 80.end insert  

Section 16504.5 of the Welfare and Institutions Code
23 is amended to read:

24

16504.5.  

(a) (1) Notwithstanding any other law, pursuant to
25subdivision (b) of Section 11105 of the Penal Code, a child welfare
26agency may secure from an appropriate governmental criminal
27justice agency the state summary criminal history information, as
28defined in subdivision (a) of Section 11105 of the Penal Code,
29through the California Law Enforcement Telecommunications
30System pursuant to subdivision (d) of Section 309, and subdivision
31(a) of Section 1522 of the Health and Safety Code for the following
32purposes:

33(A) To conduct an investigation pursuant to Section 11166.3 of
34the Penal Code or an investigation involving a child in which the
35child is alleged to come within the jurisdiction of the juvenile court
36under Section 300.

37(B) (i) To assess the appropriateness and safety of placing a
38child who has been detained or is a dependent of the court, in the
39home of a relative assessed pursuant to Section 309, 361.4, or
4016519.5, or in the home of a nonrelative extended family member
P226  1assessed as described in Section 362.7 or 16519.5 during an
2emergency situation.

3(ii) When a relative or nonrelative family member who has been
4assessed pursuant to clause (i) and approved as a caregiver moves
5to a different county and continued placement of the child with
6that person is intended, the move shall be considered an emergency
7situation for purposes of this subparagraph.

8(C) To attempt to locate a parent or guardian pursuant to Section
9311 of a child who is the subject of dependency court proceedings.

10(D) To obtain information about the background of a nonminor
11who has petitioned to reenter foster care under subdivision (e) of
12Section 388, in order to assess the appropriateness and safety of
13placing the nonminor in a foster care or other placement setting
14with minor dependent children.

15(2) Any time that a child welfare agency initiates a criminal
16background check through the California Law Enforcement
17Telecommunications System for the purpose described in
18subparagraph (B) of paragraph (1), the agency shall ensure that a
19state-level fingerprint check is initiated within 10 calendar days
20of the check, unless the whereabouts of the subject of the check
21are unknown or the subject of the check refuses to submit to the
22fingerprint check. The Department of Justice shall provide the
23requesting agency a copy of all criminal history information
24regarding an individual that it maintains pursuant to subdivision
25(b) of Section 11105 of the Penal Code.

26(b) Criminal justice personnel shall cooperate with requests for
27criminal history information authorized pursuant to this section
28and shall provide the information to the requesting entity in a
29timely manner.

30(c) Any law enforcement officer or person authorized by this
31section to receive the information who obtains the information in
32the record and knowingly provides the information to a person not
33authorized by law to receive the information is guilty of a
34misdemeanor as specified in Section 11142 of the Penal Code.

35(d) Information obtained pursuant to this section shall not be
36used for any purposes other than those described in subdivision
37(a).

38(e) Nothing in this section shall preclude a nonminor petitioning
39to reenter foster care or a relative or other person living in a
40relative’s home from refuting any of the information obtained by
P227  1law enforcement if the individual believes the state- or federal-level
2criminal records check revealed erroneous information.

3(f) (1) A state or county welfare agency may submit to the
4Department of Justice fingerprint images and related information
5required by the Department of Justice of parents or legal guardians
6when determining their suitability for reunification with a
7dependent child subject to the jurisdiction of the juvenile court,
8for the purposes of obtaining information as to the existence and
9content of a record of state or federal convictions and state or
10federal arrests, as well as information as to the existence and
11content of a record of state or federal arrests for which the
12Department of Justice establishes that the person is free on bail or
13on his or her own recognizance pending trial or appeal. Of the
14information received by the Department of Justice pursuant to this
15subdivision, only the parent’s or legal guardian’s criminal history
16for the time period following the removal of the child from the
17parent or legal guardian shall be considered.

18(2) A county welfare agency or county probation office may
19submit to the Department of Justice fingerprint images and related
20information required by the Department of Justice of nonminors
21petitioning to reenter foster care under Section 388, in order to
22assess the appropriateness and safety of placing the nonminor in
23a foster care or other placement setting with minor dependent
24children.

25(3) When received, the Department of Justice shall forward to
26the Federal Bureau of Investigation requests for federal summary
27criminal history information received pursuant to this subdivision.
28The Department of Justice shall review the information returned
29from the Federal Bureau of Investigation and respond to the state
30or county welfare agency.

31(4) The Department of Justice shall provide a response to the
32state or county welfare agency pursuant to subdivision (p) of
33Section 11105 of the Penal Code.

34(5) The state or county welfare agency shall not request from
35the Department of Justice subsequent arrest notification service,
36as provided pursuant to Section 11105.2 of the Penal Code, for
37individuals described in this subdivision.

38(6) The Department of Justice shall charge a fee sufficient to
39cover the costs of processing the request described in this
40subdivision.

P228  1(7) This subdivision shall become operative on July 1, 2007.

2(g) A fee, determined by the Federal Bureau of Investigation
3and collected by the Department of Justice, shall be charged for
4each federal-level criminal offender record information request
5submitted pursuant to this section and Section 361.4.

6

begin deleteSEC. 64.end delete
7
begin insertSEC. 81.end insert  

Section 16514 of the Welfare and Institutions Code
8 is amended to read:

9

16514.  

(a) A minor or nonminor who has been voluntarily
10placed, adjudged a dependent child of the juvenile court pursuant
11to Section 300, or as to whom a petition has been filed under
12Section 325, may be housed in an emergency shelter or, pursuant
13to the procedures for placement set forth in this code, placed in a
14foster family home, a resource family home, or with a foster family
15agency for subsequent placement in a certified family home or
16with a resource family, with minors adjudged wards of the juvenile
17court pursuant to Section 601.

18(b) A minor who has been voluntarily placed, adjudged a
19dependent child of the juvenile court pursuant to Section 300, or
20adjudged a ward of the juvenile court pursuant to Section 601,
21shall not be housed in an emergency shelter with any minor
22adjudged a ward of the juvenile court pursuant to Section 602.

23(c) A minor or nonminor who has been voluntarily placed,
24adjudged a dependent child of the juvenile court pursuant to Section
25300, or as to whom a petition has been filed under Section 325, or
26a nonminor dependent, as described in subdivision (v) of Section
2711400, shall not be placed or detained in a short-term residential
28treatment center, group home, licensed foster family home, resource
29family home, or certified family home or approved resource family
30home of a foster family agency, with any minor adjudged a ward
31of the juvenile court pursuant to Section 601 or 602, unless the
32social worker or probation officer with placement authority has
33determined that the placement setting has a program that meets
34the specific needs of the minor or nonminor dependent being placed
35or detained, and there is a commonality of needs with the other
36minors and nonminor dependents in the placement setting.

37(d) Nothing in this section shall transfer or eliminate the
38responsibility of the placing agency for the care, custody, or control
39of the child. Nothing in this section shall relieve a foster family
P229  1agency of its responsibilities for or on behalf of a child placed with
2it.

3(e) For purposes of this section, the placing of children or
4nonminor dependents by foster family agencies shall be referred
5to as “subsequent placement” to distinguish the activity from the
6placing by public agencies.

7

begin deleteSEC. 65.end delete
8
begin insertSEC. 82.end insert  

The heading of Article 2 (commencing with Section
916519.5) is added to Chapter 5 of Part 4 of Division 9 of the 10Welfare and Institutions Code, to read:

11 

12Article 2.  Resource Family Approval Program
13

 

14

begin deleteSEC. 66.end delete
15
begin insertSEC. 83.end insert  

Section 16519.5 of the Welfare and Institutions Code
16 is amended to read:

17

16519.5.  

(a) The State Department of Social Services, in
18consultation with county child welfare agencies, foster parent
19associations, and other interested community parties, shall
20implement a unified, family friendly, and child-centered resource
21family approval process to replace the existing multiple processes
22for licensing foster family homes, certifying foster homes by
23licensed foster family agencies, approving relatives and nonrelative
24extended family members as foster care providers, and approving
25guardians and adoptive families.

26(b) (1) Counties shall be selected to participate on a voluntary
27basis as early implementation counties for the purpose of
28participating in the initial development of the approval process.
29Early implementation counties shall be selected according to
30criteria developed by the department in consultation with the
31County Welfare Directors Association. In selecting the five early
32implementation counties, the department shall promote diversity
33among the participating counties in terms of size and geographic
34location.

35(2) Additional counties may participate in the early
36implementation of the program upon authorization by the
37department.

38(3) The State Department of Social Services shall be responsible
39for all of the following:

P230  1(A) Selecting early implementation counties, based on criteria
2established by the department in consultation with the County
3Welfare Directors Association.

4(B) Establishing timeframes for participating counties to submit
5an implementation plan, enter into terms and conditions for early
6implementation participation in the program, train appropriate
7staff, and accept applications from resource families.

8(C) Entering into terms and conditions for early implementation
9participation in the program by counties.

10(4) Counties participating in the early implementation of the
11program shall be responsible for all of the following:

12(A) Submitting an implementation plan.

13(B) Entering into terms and conditions for early implementation
14participation in the program.

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

17(D) Training appropriate staff.

18(E) Accepting applications from resource families within the
19timeframes established by the department.

20(5) (A) Approved relatives and nonrelative extended family
21members, licensed foster family homes, or approved adoptive
22homes that have completed the license or approval process prior
23to statewide implementation of the program shall not be considered
24part of the program. The otherwise applicable assessment and
25oversight processes shall continue to be administered for families
26and facilities not included in the program.

27(B) Upon implementation of the program in a county, that
28county shall not accept new applications for the licensure of foster
29family homes, the approval of relative and nonrelative extended
30family members, or the approval of prospective guardians and
31adoptive homes.

32(6) The department may waive regulations that pose a barrier
33to the early implementation and operation of this program. The
34waiver of any regulations by the department pursuant to this section
35shall apply to only those counties or foster family agencies
36participating in the early implementation of the program and only
37for the duration of the program.

begin insert

38
(7) This subdivision shall become inoperative on January 1,
392017.

end insert

P231  1(c) (1) For the purposes of this article, “resource family” means
2an individual or family that has successfully met both the home
3environment assessment standards and the permanency assessment
4criteria adopted pursuant to subdivision (d) necessary for providing
5care for a related or unrelated child who is under the jurisdiction
6of the juvenile court, or otherwise in the care of a county child
7welfare agency or probation department. A resource family shall
8demonstrate all of the following:

9(A) An understanding of the safety, permanence, and well-being
10needs of children who have been victims of child abuse and neglect,
11and the capacity and willingness to meet those needs, including
12the need for protection, and the willingness to make use of support
13resources offered by the agency, or a support structure in place,
14or both.

15(B) An understanding of children’s needs and development,
16effective parenting skills or knowledge about parenting, and the
17capacity to act as a reasonable, prudent parent in day-to-day
18decisionmaking.

19(C) An understanding of his or her role as a resource family and
20the capacity to work cooperatively with the agency and other
21service providers in implementing the child’s case plan.

22(D) The financial ability within the household to ensure the
23stability and financial security of the family.

24(E) An ability and willingness to provide a family setting that
25promotes normal childhood experiences that serves the needs of
26the child.

27(2) For purposes of this article, and unless otherwise specified,
28references to a “child” shall include a “nonminor dependent” and
29“nonminor former dependent or ward” as defined in subdivision
30(v) and paragraph (1) of subdivision (aa) of Section 11400.

31(3) There is no fundamental right to approval as a resource
32family.

33(4) Subsequent to meeting the criteria set forth in this
34subdivision and designation as a resource family, a resource family
35shall be considered eligible to provide foster care for related and
36unrelated children in out-of-homebegin delete placement,end deletebegin insert placement and end insert shall
37be considered approved for adoption orbegin delete guardianship, and shall
38not have to undergo any additional approval or licensure as long
39as the family lives in a county participating in the program.end delete

40
begin insert guardianship.end insert

P232  1(5) For purposes of this article, “resource family approval”
2means that the applicant or resource family successfully meets the
3home environment assessment and permanency assessment
4standards. This approval is in lieu of a foster family home license
5issued pursuant to Chapter 3 (commencing with Section 1500) of
6Division 2 of the Health and Safety Code, a certificate of approval
7issued by a licensed foster family agency, as described in
8subdivision begin delete(c)end deletebegin insert (b)end insert of Section 1506 of the Health and Safety Code,
9relative or nonrelative extended family member approval,
10guardianshipbegin delete approval pursuant to Section 360, 366.26, or 728,end delete
11begin insert approval,end insert and the adoption home study approval.

12(6) Approval of a resource family does not guarantee an initial,
13continued, or adoptive placement of a child with a resource family
14or with a relative or nonrelative extended family member pursuant
15to subdivision (e). Approval of a resource family does not
16guarantee the establishment of a legal guardianship of a child with
17a resource family.

18(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the
19department or county shall cease any further review of an
20application if the applicant has had a previous application denial
21within the preceding year, or if the applicant has had a previous
22rescission, revocation, or exemption denial or exemption rescission
23by the department or county within the preceding two years.

24(B) Notwithstanding subparagraph (A), the department or county
25may continue to review an application if it has determined that the
26reasons for the previous denial, rescission, or revocation were due
27to circumstances and conditions that either have been corrected or
28are no longer in existence. If an individual was excluded from a
29resource family home or facility licensed by the department, the
30department or county shall cease review of the individual’s
31application unless the excluded individual has been reinstated
32pursuant to Section 11522 of the Governmentbegin delete Code.end deletebegin insert Code and
33subdivision (h) of Section 1558 of the Health and Safety Code.end insert
The
34cessation of review shall not constitute a denial of the application
35for purposes of this section or any other law.

36(8) A resource family shall meet the approval standards set forth
37in this section, comply with the written directives or regulations
38adopted pursuant to this section, and comply with other applicable
39laws in order to maintain approval.

P233  1(9) A resource family may be approved by the department or a
2county pursuant to this section or by a foster family agency
3pursuant to Section 1517 of the Health and Safety Code.

4(10) A resource family shall not be licensed as a residential
5facility, as defined in paragraph (1) of subdivision (a) of Section
61502 of the Health and Safety Code.

7(d) (1) The department shall adopt standards pertaining to the
8home environment and permanency assessments of a resource
9family.

10(2) Resource family home environment assessment standards
11shall include, but not be limited to, all of the following:

12(A) (i) Criminal records clearance of each applicant and all
13adults residing in, or regularly present in, the home, and not
14exempted from fingerprinting, as set forth in subdivision (b) of
15Section 1522 of the Health and Safety Code, pursuant to Section
168712 of the Family Code, utilizing a check of the Child Abuse
17Central Index (CACI), and receipt of a fingerprint-based state and
18federal criminal offender record information search response. The
19criminal history information shall include subsequent notifications
20pursuant to Section 11105.2 of the Penal Code.

21(ii) Consideration of any substantiated allegations of child abuse
22or neglect against the applicant and any other adult residing in, or
23regularly present in, the home. An approval may not be granted
24to applicants whose criminal record indicates a conviction for any
25of the offenses specified in subdivision (g) of Section 1522 of the
26Health and Safety Code.

27(iii) If the resource family parent, applicant, or any other person
28specified in subdivision (b) of Section 1522 of the Health and
29Safety Code has been convicted of a crime other than a minor
30traffic violation or arrested for a serious offense specified in
31subdivision (e) of Section 1522 of the Health and Safety Code,
32except for the civil penalty language, the criminal background
33check provisions specified in subdivisions (d) through (f) of Section
341522 of the Health and Safety Code shall apply. Exemptions from
35the criminal records clearance requirements set forth in this section
36may be granted by the department or the county, if that county had
37been granted permission by the department to issue criminal
38records exemptions pursuant to Section 361.4 on or before January
391, 2017, using the exemption criteria specified in subdivision (g)
40of Section 1522 of the Health and Safety Code and the written
P234  1directives or regulations adopted pursuant to this section. begin delete A county
2may obtain arrest and conviction records or reports from any court
3or law enforcement agency as necessary to the performance of its
4duties, as provided in subdivision (e) of Section 1522 of the Health
5and Safety Code.end delete

6(iv) For public foster family agencies approving resource
7families, the criminal records clearance process set forth in clause
8(i) shall be utilized.

9(v) For private foster family agencies approving resource
10families, the criminal records clearance process set forth in clause
11(i) shall be utilized, but the Department of Justice shall disseminate
12a fitness determination resulting from the federal criminal offender
13record information search.

14(B) Buildings and grounds and storage requirements that ensure
15the health and safety of children.

16(C) In addition to the foregoing requirements, the resource
17family home environment assessment standards shall also require
18the following:

19(i) That the applicant demonstrate an understanding about the
20rights of children in care and his or her responsibility to safeguard
21those rights.

22(ii) That the total number of children residing in the home of a
23resource family shall be no more than the total number of children
24the resource family can properly care for, regardless of status, and
25shall not exceed six children, unless exceptional circumstances
26that are documented in the foster child’s case file exist to permit
27a resource family to care for more children, including, but not
28limited to, the need to place siblings together.

29(iii) That the applicant understands his or her responsibilities
30with respect to acting as a reasonable and prudent parent, and
31maintaining the least restrictive environment that serves the needs
32of the child.

33(3) The resource family permanency assessment standards shall
34include, but not be limited to, all of the following:

35(A) Caregiver training, as described in subdivisions (g) and (h).

36(B) A psychosocial assessment of an applicant, which shall
37include the results of a risk assessment.

38(i) When the applicant is a relative or nonrelative extended
39family member to an identified child, the psychosocial assessment
40shall consider the nature of the relationship between the relative
P235  1or nonrelative extended family member and the child. The relative
2or nonrelative extended family member’s expressed desire to only
3care for a specific child or children shall not be a reason to deny
4the approval.

5(ii) A caregiver risk assessment shall include, but not be limited
6to, physical and mental health, alcohol and other substance use
7and abuse, family and domestic violence, and the factors listed in
8begin delete subparagraphs (A) and (D) ofend delete paragraph (1) of subdivision (c).

9(C) Completion of any other activities that relate to the ability
10of an applicant or a resource family to achieve permanency with
11a child.

12(e) (1) A county may place a child with a resource family
13applicant who has successfully completed the home environment
14assessment prior to completion of a permanency assessment only
15if a compelling reason for the placement exists based on the needs
16of the child.

17(A) The permanency assessment shall be completed within 90
18days of the child’s placement in the home, unless good cause exists
19based upon the needs of the child.

20(B) If additional time is needed to complete the permanency
21 assessment, the county shall document the extenuating
22circumstances for the delay and generate a timeframe for the
23completion of the permanency assessment.

24(C) The county shall report to the department on a quarterly
25basis the number of families with a child in an approved home
26whose permanency assessment goes beyond 90 days and
27summarize the reasons for these delays.

28(2) begin deleteA end deletebegin insert(A)end insertbegin insertend insertbegin insertUpon an assessment completed pursuant to Section
29309 or 361.45, a end insert
county may place a child with a relative, as
30defined in Section 319, or nonrelative extended family member,
31as defined in Sectionbegin delete 362.7, prior to applying as a resource family
32only on an emergency basis if all of the following requirements
33are met:end delete
begin insert 362.7.end insert

begin delete

34(A) Consideration of the results of a criminal records check
35conducted pursuant to Section 16504.5 of the relative or nonrelative
36extended family member and of every other adult residing in or
37regularly present in the home.

38(B) Consideration of the results of the Child Abuse Central
39Index (CACI) consistent with Section 1522.1 of the Health and
40Safety Code of the relative or nonrelative extended family member,
P236  1and of every other adult residing in or regularly present in the
2home.

3(C) The home and grounds are free of conditions that pose undue
4risk to the health and safety of the child.

5(D)

end delete

6begin insert(B)end insert For anybegin insert emergencyend insert placement made pursuant to this
7paragraph, the county shall initiate the home environment
8assessment no later than five business days after the placement,
9which shall include a face-to-face interview with the resource
10family applicant and child.

begin insert

11
(C) Nothing in this paragraph shall be construed to limit the
12obligation under existing law to assess and give placement
13consideration to relatives and nonrelative extended family
14members.

end insert

15(3) For any placement made pursuant to this subdivision,
16AFDC-FC funding shall not be available until approval of the
17resource family has been completed.

18(4) Any child placed under this section shall be afforded all the
19rights set forth in Section 16001.9 and in the written directions or
20regulations adopted pursuant to this section.

21(5) Nothing in this section shall limit the county’s authority to
22inspect the home of a resource family applicant or a relative or
23nonrelative extended family member as often as necessary to ensure
24the quality of care provided.

25(f) The State Department of Social Services shall be responsible
26for all of the following:

27(1) (A) Until regulations are adopted, administering the program
28through the issuance of written directives that shall have the same
29force and effect as regulations. Any directive affecting Article 1
30(commencing with Section 700) of Chapter 7 of Title 11 of the
31California Code of Regulations shall be approved by the
32Department of Justice. The directives shall be exempt from the
33rulemaking provisions of the Administrative Procedure Act
34(Chapter 3.5 (commencing with Section 11340)) of Part 1 of
35Division 3 of Title 2 of the Government Code.

36(B) Adopting, amending, or repealing, in accordance with
37Chapter 4.5 (commencing with Section 11371) of Part 1 of Division
383 of Title 2 of the Government Code, any reasonable rules,
39regulations, and standards that may be necessary or proper to carry
40out the purposes and intent of this chapter and to enable the
P237  1department to exercise the powers and perform the duties conferred
2upon it by this section, consistent with the laws of this state.

3(2) Approving and requiring the use of a single standard for
4resource family approval.

5(3) Adopting and requiring the use of standardized
6documentation for the home environment and permanency
7assessments of resource families.

begin insert

8
(4) Adopting core competencies for county staff to participate
9in the assessment and evaluation of an applicant or resource
10family.

end insert
begin delete

11(4)

end delete

12begin insert(5)end insert Requiring counties to monitor county-approved resource
13families including, but not limited to, all of the following:

14(A) Investigating complaints of resource families.

15(B) Developing and monitoring resource family corrective action
16plans to correct identified deficiencies and to rescind resource
17family approval if compliance with corrective action plans is not
18achieved.

begin delete

19(5)

end delete

20begin insert(6)end insert Ongoing oversight and monitoring of county systems and
21operations including all of the following:

22(A) Reviewing the county’s implementation plan and
23implementation of the program.

24(B) Reviewing an adequate number of county-approved resource
25families in each county to ensure that approval standards are being
26properly applied. The review shall include case file documentation,
27and may include onsite inspection of individual resource families.
28The review shall occur on an annual basis, and more frequently if
29the department becomes aware that a county is experiencing a
30disproportionate number of complaints against individual resource
31family homes.

32(C) Reviewing county reports of serious complaints and
33incidents involving approved resource families, as determined
34necessary by the department. The department may conduct an
35independent review of the complaint or incident and change the
36findings depending on the results of its investigation.

37(D) Investigating unresolved complaints against counties.

38(E) Requiring corrective action of counties that are not in full
39compliance with this section.

begin delete

40(6)

end delete

P238  1begin insert(7)end insert Updating the Legislature on the early implementation phase
2of the program, including the status of implementation, successes,
3and challenges during the early implementation phase, and relevant
4available data, including resource family satisfaction.

begin delete

5(7)

end delete

6begin insert(8)end insert Implementing due process procedures, including, but not
7limited to, all of the following:

8(A) Providing a statewide fair hearing process for application
9denials, rescissions of approval, exclusion actions, or criminal
10record exemption denials or rescissions, by a county or the
11department.

begin insert

12
(B) Providing an excluded individual with due process pursuant
13to Section 16519.6.

end insert
begin delete

14(B)

end delete

15begin insert(C)end insert Amending the department’s applicable state hearing
16procedures and regulations or using the Administrative Procedure
17Act, when applicable, as necessary for the administration of the
18program.

19(g) Counties shall be responsible for all of the following:

20(1) Submitting an implementation plan and consulting with the
21county probation department in the development of the
22implementation plan.

23(2) Complying with the written directives or regulations adopted
24pursuant to this section.

25(3) Implementing the requirements for resource family approval
26and utilizing standardized documentation established by the
27department.

28(4) Training appropriate staff, including ensuring staff have the
29education and experiencebegin insert or core competenciesend insert necessary to
30
begin delete complete the home environment and psychosocial assessments
31competently.end delete
begin insert participate in the assessment and evaluation of an
32applicant or resource family.end insert

33(5) (A) Taking the following actions, as applicable:

34(i) begin insert(I)end insertbegin insertend insertApproving or denying resource familybegin delete applications.end delete
35
begin insert applications, including preparing a written evaluation of an
36applicant’s capacity to foster, adopt, or provide legal guardianship
37of a child based on all of the information gathered through the
38resource family application and assessment processes.end insert

begin insert

39
(II) Considering the applicant’s preference to provide a specific
40level of permanency, including adoption, guardianship, or, in the
P239  1case of a relative, placement with a fit and willing relative, shall
2not be a basis to deny an application.

end insert

3(ii) Rescinding approvals of resource families.

4(iii) When applicable, referring a case to the department for an
5action to exclude a resource family parent or other individual from
6presence in any resource family home, consistent with the
7established standard.

8(iv) Issuing a temporary suspension order that suspends the
9resource family approval prior to a hearing when urgent action is
10needed to protect a child from physical or mental abuse,
11abandonment, or any other substantial threat to health or safety,
12consistent with the established standard.

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

14(B) Providing a resource family parent, applicant, or individual
15who is the subject of a criminal record exemption decision with
16due process pursuant to Section 16519.6.

17(C) Notifying the department of any decisions denying an
18application for resource family approval, rescinding the approval
19of a resource family, or denying or rescinding a criminal record
20exemption, and, if applicable, notifying the department of the
21results of an administrative action.

22(6) (A) Updating resource family approval annually and as
23necessary to address any changes that have occurred in the resource
24family’s circumstances, including, but not limited to, moving to
25a new home location or commencing operation of a family day
26care home, as defined in Section 1596.78 of the Health and Safety
27Code.

28(B) A county shall conduct an announced inspection of a
29resource family home during the annual update, and as necessary
30to address any changes specified in subparagraph (A), in order to
31ensure that the resource family is conforming to all applicable laws
32and the written directives or regulations adopted pursuant to this
33section.

34(7) Monitoring resource families through all of the following:

35(A) Ensuring that social workers who identify a condition in
36the home that may not meet the approval standards set forth in
37subdivision (d) while in the course of a routine visit to children
38placed with a resource family take appropriate action as needed.

39(B) Requiring resource families to meet the approval standards
40set forth in this section, and to comply with the written directives
P240  1or regulations adopted pursuant to this section, other applicable
2laws, and corrective action plans as necessary to correct identified
3deficiencies. If corrective action is not completed as specified in
4the plan, the county may rescind the resource family approval.

5(C) Requiring resource families to report to the county child
6welfare agency any incidents consistent with the reporting
7requirements for licensed foster family homes.

8(D) Inspecting resource family homes as often as necessary to
9ensure the quality of care provided.

10(8) (A) Investigating all complaints against a resource family
11and taking action as necessary, including, but not limited to,
12investigating any incidents reported about a resource family
13indicating that the approval standard is not being maintained and
14inspecting the resource family home.

15(B) The child’s social worker shall not conduct the formal
16investigation into the complaint received concerning a family
17 providing services under the standards required by subdivision
18(d). To the extent that adequate resources are available, complaints
19shall be investigated by a worker who did not initially conduct the
20home environment or psychosocial assessments.

21(C) Upon conclusion of the complaint investigation, the final
22disposition shall be reviewed and approved by a supervising staff
23member.

24(D) The department shall be notified of any serious incidents
25or serious complaints or any incident that falls within the definition
26of Section 11165.5 of the Penal Code. If those incidents or
27complaints result in an investigation, the department shall also be
28notified as to the status and disposition of that investigation.

29(9) Performing corrective action as required by the department.

30(10) Assessing county performance in related areas of the
31California Child and Family Services Review System, and
32remedying problems identified.

33(11) Submitting information and data that the department
34determines is necessary to study, monitor, and prepare the report
35specified in paragraph (6) of subdivision (f).

36(12) Ensuring resource family applicants and resource families
37have the necessary knowledge, skills, and abilities to support
38children in foster care by completing caregiver training. The
39training should include a curriculum that supports the role of a
40resource family in parenting vulnerable children and should be
P241  1ongoing in order to provide resource families with information on
2trauma-informed practices and requirements and other topics within
3the foster care system.

4(13) Ensuring that a resource family applicant completes a
5minimum of 12 hours of preapproval caregiver training. The
6training shall include, but not be limited to, all of the following
7courses:

8(A) An overview of the child protective and probation systems.

9(B) The effects of trauma, including grief and loss, and child
10abuse and neglect, on child development and behavior, and
11methods to behaviorally support children impacted by that trauma
12or child abuse and neglect.

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

14(D) Health issues in foster care.

15(E) Accessing services and supports to address education needs,
16physical, mental, and behavioral health, and substance use
17disorders, including culturally relevant services.

18(F) The rights of a child in foster care, and the resource family’s
19responsibility to safeguard those rights, including the right to have
20fair and equal access to all available services, placement, care,
21treatment, and benefits, and to not be subjected to discrimination
22or harassment on the basis of actual or perceived race, ethnic group
23identification, ancestry, national origin, color, religion, sex, sexual
24 orientation, gender identity, mental or physical disability, or HIV
25status.

26(G) Cultural needs of children, including instruction on cultural
27competency and sensitivity, and related best practices for providing
28adequate care for children or youth across diverse ethnic and racial
29backgrounds, as well as children or youth identifying as lesbian,
30gay, bisexual, or transgender.

31(H) Basic instruction on existing laws and procedures regarding
32the safety of foster youth at school; and ensuring a harassment and
33violence free school environment pursuant to Article 3.6
34(commencing with Section 32228) of Chapter 2 of Part 19 of
35Division 1 of Title 1 of the Education Code.

36(I) Permanence, well-being, and education needs of children.

37(J) Child and adolescent development, including sexual
38orientation, gender identity, and expression.

39(K) The role of resource families, including working
40cooperatively with the child welfare or probation agency, the
P242  1child’s family, and other service providers implementing the case
2plan.

3(L) The role of a resource family on the child and family team
4as defined in paragraph (4) of subdivision (a) of Section 16501.

5(M) A resource family’s responsibility to act as a reasonable
6and prudent parent, as described in subdivision (c) of Section
71522.44 of the Health and Safety Code, and to provide a family
8setting that promotes normal childhood experiences and that serves
9the needs of the child.

10(N) An overview of the specialized training identified in
11subdivision (h).

12(14) Ensuring approved resource families complete a minimum
13of eight hours of caregiver training annually, a portion of which
14shall be from subparagraph (M) of paragraph (13) and from one
15or more of the other topics listed in paragraph (13).

16(h) In addition to any training required by this section, a county
17may require a resource family or applicant to receive relevant
18specialized training for the purpose of preparing the resource family
19to meet the needs of a particular child in care. This training may
20include, but is not limited to, the following:

21(1) Understanding how to use best practices for providing care
22and supervision to commercially sexually exploited children.

23(2) Understanding how to use best practices for providing care
24and supervision to lesbian, gay, bisexual, and transgender children.

25(3) Understanding the requirements and best practices regarding
26psychotropic medications, including, but not limited to, court
27authorization, benefits, uses, side effects, interactions, assistance
28with self-administration, misuse, documentation, storage, and
29metabolic monitoring of children prescribed psychotropic
30medications.

31(4) Understanding the federal Indian Child Welfare Act (25
32U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
33children covered by the act, and the best interests of Indian
34children, including the role of the caregiver in supporting culturally
35appropriate, child-centered practices that respect Native American
36history, culture, retention of tribal membership and connection to
37the tribal community and traditions.

38(5) Understanding how to use best practices for providing care
39and supervision to nonminor dependents.

P243  1(6) Understanding how to use best practices for providing care
2 and supervision to children with special health care needs.

3(7) Understanding the different permanency options and the
4services and benefits associated with the options.

5(i) Nothing in this section shall preclude a county from requiring
6training in excess of the requirements in this section.

7(j) (1) Resource families who move home locations shall retain
8their resource family status pending the outcome of the update
9conducted pursuant to paragraph (6) of subdivision (g).

10(2) (A) If a resource family moves from one county to another
11county, the department, or the county to which a resource family
12has moved, shall submit a written request to the Department of
13Justice to transfer the individual’s subsequent arrest notification,
14as specified in subdivision (h) of Section 1522 of the Health and
15Safety Code.

16(B) A request to transfer subsequent arrest notification shall
17contain all prescribed data elements and format protocols pursuant
18to a written agreement between the department and the Department
19of Justice.

20(3) Subject to the requirements in paragraph (1), the resource
21family shall continue to be approved for guardianship and adoption.
22Nothing in this subdivision shall limit a county, foster family
23agency, or adoption agency from determining that the family is
24not approved for guardianship or adoption based on changes in
25the family’s circumstances or psychosocial assessment.

26(k) Implementation of the program shall be contingent upon the
27continued availability of federal Social Security Act Title IV-E
28(42 U.S.C. Sec. 670) funds for costs associated with placement of
29children with resource families assessed and approved under the
30program.

31(l) A child placed with a resource family shall be eligible for
32AFDC-FC payments. A resource family, or a foster family agency
33pursuant to subdivisions (p) and (q), shall be paid an AFDC-FC
34rate pursuant to Sections 11460, 11461, and 11463. Sharing ratios
35for nonfederal expenditures for all costs associated with activities
36related to the approval of relatives and nonrelative extended family
37members shall be in accordance with Section 10101.

38(m) The Department of Justice shall charge fees sufficient to
39cover the cost of initial or subsequent criminal offender record
P244  1information and Child Abuse Central Index searches, processing,
2or responses, as specified in this section.

3(n) Except as provided, approved resource families shall be
4exempt from both of the following:

5(1) Licensure requirements set forth under the Community Care
6 Facilities Act, commencing with Section 1500 of the Health and
7Safety Code, and all regulations promulgated thereto.

8(2) Relative and nonrelative extended family member approval
9requirements set forth under Sections 309, 361.4, and 362.7, and
10all regulations promulgated thereto.

11(o) (1) Early implementation counties shall be authorized to
12continue through December 31, 2016. The program shall be
13implemented by each county on or before January 1, 2017.

14(2) (A) (i) On and after January 1, 2017, a county to which the
15department has delegated its licensing authority pursuant to Section
161511 of the Health and Safety Code shall approve resource families
17 in lieu of licensing foster family homes.

18(ii) Notwithstanding clause (i), the existing licensure and
19oversight processes shall continue to be administered for foster
20family homes licensed prior to January 1, 2017, or as specified in
21subparagraph (C), until the license is revoked or forfeited by
22operation of law pursuant to Section 1517.1 of the Health and
23Safety Code.

24(B) (i) On and after January 1, 2017, a county shall approve
25resource families in lieu of approving relative and nonrelative
26extended family members.

27(ii)  Notwithstanding clause (i), the existing approval and
28oversight processes shall continue to be administered for relatives
29and nonrelative extended family members approved prior to
30January 1, 2017, or as specified in subparagraph (C), until the
31approval is revoked or forfeited by operation of law pursuant to
32this section.

33(C) Notwithstanding subparagraph (D), a county shall approve
34or deny all applications for foster family home licenses and requests
35for relative or nonrelative extended family member approvals
36received on or before December 31, 2016, in accordance with
37Chapter 3 (commencing with Section 1500) of Division 2 of the
38Health and Safety Code or provisions providing for the approval
39of relatives or nonrelative extended family members, as applicable.

P245  1(D) On and after January 1, 2017, a county shall not accept
2applications for foster family home licenses or requests to approve
3relatives or nonrelative extended family members.

4(3) No later than July 1, 2017, each county shall provide the
5following information to all licensed foster family homes and
6approved relatives and nonrelative extended family members
7licensed or approved by the county:

8(A) A detailed description of the resource family approval
9program.

10(B) Notification that, in order to care for a foster child, resource
11family approval is required by December 31, 2019.

12(C) Notification that a foster family home license and an
13approval of a relative or nonrelative extended family member shall
14be forfeited by operation of law as specified in paragraph (5).

15(4) By no later than January 1, 2018, the following shall apply
16to all licensed foster family homes and approved relative and
17nonrelative extended family members:

18(A) A licensed foster family home or an approved relative or
19nonrelative extended family member with an approved adoptive
20home study completed prior to January 1, 2018, shall be deemed
21to be an approved resource family.

22(B) A licensed foster family home or an approved relative or
23nonrelative extended family member who had a child in placement
24at any time between January 1, 2017, and December 31, 2017,
25inclusive, may be approved as a resource family on the date of
26successful completion of a psychosocial assessment pursuant to
27subparagraph (B) of paragraph (3) of subdivision (d).

28(C) A county may provide supportive services to all licensed
29foster family homes, relatives, and nonrelative extended family
30members with a child in placement to assist with the resource
31family transition and to minimize placement disruptions.

32(5) All foster family licenses and approvals of relatives and
33nonrelative extended family members shall be forfeited by
34operation of law on December 31, 2019, except as provided in this
35paragraph or Section 1524 of the Health and Safety Code:

36(A) All licensed foster family homes that did not have a child
37in placement at any time between January 1, 2017, and December
3831, 2017, inclusive, shall forfeit the license by operation of law
39on January 1, 2018.

P246  1(B) For foster family home licensees and approved relatives or
2nonrelative extended family members who have a pending resource
3family application on December 31, 2019, the foster family home
4license or relative and nonrelative extended family member
5approval shall be forfeited by operation of law upon approval as
6a resource family. If approval is denied, forfeiture by operation of
7law shall occur on the date of completion of any proceedings
8required by law to ensure due process.

9(C) A foster family home licensebegin delete or approval as a relative or
10nonrelative extended family memberend delete
shall be forfeited by operation
11ofbegin delete lawend deletebegin insert law, pursuant to subdivision (b) of Section 1524 of the
12Health and Safety Code,end insert
upon approval as a resource family.

begin insert

13
(D) Approval as a relative or nonrelative extended family
14member shall be forfeited by operation of law upon approval as
15a resource family.

end insert

16(p) On and after January 1, 2017, all licensed foster family
17agencies shall approve resource families in lieu of certifying foster
18homes, as set forth in Section 1517 of the Health and Safety Code.

19(q) Commencing January 1, 2016, the department may establish
20participation conditions, and select and authorize foster family
21agencies that voluntarily submit implementation plans and revised
22plans of operation in accordance with requirements established by
23the department, to approve resource families in lieu of certifying
24foster homes.

25(1) Notwithstanding any other law, a participating foster family
26agency shall require resource families to meet and maintain the
27resource family approval standards and requirements set forth in
28this chapter and in the written directives adopted hereto prior to
29approval and in order to maintain approval.

30(2) A participating foster family agency shall implement the
31resource family approval program pursuant to Section 1517 of the
32Health and Safety Code.

33(3) Nothing in this section shall be construed to limit the
34authority of the department to inspect, evaluate, or investigate a
35complaint or incident, or initiate a disciplinary action against a
36foster family agency pursuant to Article 5 (commencing with
37Section 1550) of Chapter 3 of Division 2 of the Health and Safety
38Code, or to take any action it may deem necessary for the health
39and safety of children placed with the foster family agency.

P247  1(4) The department may adjust the foster family agency
2AFDC-FC rate pursuant to Section 11463 for implementation of
3this subdivision.

4(5) This subdivision shall become inoperative on January 1,
52017.

begin insert

6
(r) A county is authorized to obtain any arrest or conviction
7records or reports from any court or law enforcement agency as
8necessary to the performance of its duties, as provided in this
9section or subdivision (e) of Section 1522 of the Health and Safety
10Code.

end insert
begin insert

11
(s) A resource family approved pursuant to this section shall
12forfeit its approval concurrent with resource family approval by
13a foster family agency.

end insert
14

begin deleteSEC. 67.end delete
15
begin insertSEC. 84.end insert  

Section 16519.51 of the Welfare and Institutions
16Code
is repealed.

17

begin deleteSEC. 68.end delete
18
begin insertSEC. 85.end insert  

Section 16519.51 is added to the Welfare and
19Institutions Code
, to read:

20

16519.51.  

(a) A person shall not incur civil liability as a result
21of a county notifying the department of its determination to rescind
22the approval of a resource family due to any of the following
23actions by a resource family parent:

24(1) Violation of Section 16519.5, the written directives or
25regulations adopted pursuant to Section 16519.5, or any applicable
26law.

27(2) Aiding, abetting, or permitting the violation of Section
2816519.5, the written directives or regulations adopted pursuant to
29Section 16519.5, or any applicable law.

30(3) Conduct that poses a risk or threat to the health and safety,
31protection, or well-being of a child, or the people of the state of
32California.

33(4) The conviction of the applicant or resource family parent at
34any time before or during his or her approval of a crime described
35in Section 1522.

36(5) Knowingly allowing any child to have illegal drugs, alcohol,
37or any tobacco product as defined in subdivision (d) of Section
3822950.5 of the Business and Professions Code.

39(6) Committing an act of child abuse or neglect or an act of
40violence against another person.

P248  1(b) The department or a county shall not incur civil liability for
2providing each other with information if the communication is for
3the purpose of aiding in the evaluation of an application for
4approval of a resource family.

5

begin deleteSEC. 69.end delete
6
begin insertSEC. 86.end insert  

Section 16519.55 of the Welfare and Institutions
7Code
is amended to read:

8

16519.55.  

(a) Subject to subdivision (d), to encourage the
9recruitment of resource families, to protect their personal privacy,
10and to preserve the security of confidentiality of the placements
11with resource families, the names, addresses, and other identifying
12information of resource families shall be considered personal
13information for purposes of the Information Practices Act of 1977
14(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
154 of Division 3 of the Civil Code). This information shall not be
16disclosed by any state or local agency pursuant to the California
17Public Records Act (Chapter 3.5 (commencing with Section 6250)
18 of Division 7 of Title 1 of the Government Code), except as
19necessary for administering the resource family approval program,
20facilitating the placement of children with resource families, and
21providing names and addresses, upon request, only to bona fide
22professional foster parent organizations and to professional
23organizations educating foster parents, including the Foster and
24Kinship Care Education Program of the California Community
25Colleges.

26(b) The application form signed by a resource family applicant
27begin insert of a countyend insert shall be signed with a declaration by the applicant that
28the information submitted is true, correct, and contains no material
29omissions of fact to the best knowledge and belief of the applicant.
30Any person who begin delete declares as true any material matter pursuant to
31this section that he or she knows to be false is guilty of a
32misdemeanor. The application shall include a statement that
33submitting false information is a violation of law punishable by
34incarceration, a fine, or both incarceration and a fine.end delete
begin insert willfully and
35knowingly, with the intent to deceive, makes a false statement or
36fails to disclose a material fact in his or her application is guilty
37of a misdemeanor.end insert

38(c) Before approving a resource family, a county may conduct
39a reference check of the applicant by contacting the following:

40(1) Any foster family agencies that have certified the applicant.

P249  1(2) Any state or county licensing offices that have licensed the
2applicant as a foster family home.

3(3) Any counties that have approved the applicant as a relative
4or nonrelative extended family member.

5(4) Any foster family agencies or counties that have approved
6the applicant as a resource family.

7(5) Any state licensing offices that have licensed the applicant
8as a community care facility, child day care center, or family child
9care home.

10(d) The department, a county, a foster family agency, or a tribe
11may request information from, or divulge information to, the
12department, a county, a foster family agency, or a tribe regarding
13a prospective resource family for the purpose of and as necessary
14to conduct a reference check to determine whether it is safe and
15appropriate to approve an applicant to be a resource family.

16begin insert

begin insertSEC. 87.end insert  

end insert

begin insertSection 16519.6 of the end insertbegin insertWelfare and Institutions Codeend insert
17
begin insert is amended to read:end insert

18

16519.6.  

(a) All hearings conducted pursuant to Section
1916519.5 shall be conducted in accordance with the requirements
20of thisbegin delete section.end deletebegin insert section and the written directives or regulations
21adopted pursuant to Section 16519.5.end insert

22(b) begin deleteThe end deletebegin insertFor resource family hearings held at the department’s
23State Hearings Division, the end insert
procedures set forth in Chapter 7
24(commencing with Section 10950) of Part 2begin delete apply to matters set
25before the department,end delete
begin insert shall apply,end insert except as otherwise provided
26in this section.

27(c) begin deleteThe end deletebegin insertFor resource family hearings held at the Office of
28Administrative Hearings, the end insert
procedures set forth in Chapter 3
29(commencing with Section 1500) of Division 2 of the Health and
30Safetybegin delete Code,end deletebegin insert Codeend insert and the procedures set forth in the
31Administrative Procedurebegin delete Act, apply to matters set before the
32Office of Administrative Hearings,end delete
begin insert Act shall apply,end insert except as
33otherwise provided in this section.

34(d) Notwithstanding Section 10951, a resource family, applicant,
35begin delete or excluded individual may file an appealend deletebegin insert excluded individual, or
36individual who is the subject of a criminal record exemption
37decision may file a written appealend insert
within 25 days of service of a
38notice of action. Pursuant to Section 1013 of the Code of Civil
39 Procedure, if the notice of action is served by mail, the time to
P250  1respond shall be extended five days, not to exceed 30 days to file
2the appeal.

3(e) Notwithstanding Section 10951, a county’s action shall be
4final, or for matters set before thebegin delete department,end deletebegin insert State Hearings
5Division,end insert
an action shall be subject tobegin delete dismissal,end deletebegin insert dismissalend insert if the
6resource family, applicant,begin delete or excluded individualend deletebegin insert excluded
7individual, or end insert
begin insertindividual who is the subject of a criminal record
8exemption decisionend insert
does not file an appeal to the notice of action
9within the prescribed time.

10(f) Except as provided in subdivisions (g) and (h), and
11notwithstanding Section 10952, a hearing under thisbegin delete sectionend deletebegin insert section,
12notwithstanding any time waiver,end insert
shall be held within 90 days
13following the receipt of a timely appeal or notice of defense, unless
14a continuancebegin insert or postponementend insert of the hearing is granted for good
15cause.

16(g) begin insert(1)end insertbegin insertend insertbegin insertThe department may exclude a resource family parent,
17applicant, or other individual from presence in any resource family
18home, from employment in, presence in, and contact with clients
19of any facility licensed by the department or certified by a licensed
20foster family agency, and from holding the position of member of
21the board of directors, executive director, or officer of the licensee
22of any facility licensed by the department. end insert
If thebegin delete county orend delete
23 department has issued an immediate exclusion order, the timelines
24begin insert for filings and hearingsend insert andbegin insert theend insert provisions set forth in Section
251558 of the Health and Safety Code shall apply, unless a
26continuance of the hearing is granted for good cause.

begin insert

27
(2) For purposes of this subdivision, a “facility licensed by the
28department” means a facility licensed pursuant to Chapter 3
29(commencing with Section 1500) of, Chapter 3.01 (commencing
30with Section 1568.01) of, Chapter 3.2 (commencing with Section
311569) of, Chapter 3.3 (commencing with Section 1570) of, Chapter
323.4 (commencing with Section 1596.70) of, Chapter 3.5
33(commencing with Section 1596.90) of, or Chapter 3.6
34(commencing with Section 1597.30) of, Division 2 of the Health
35and Safety Code.

end insert

36(h) Ifbegin delete theend deletebegin insert aend insert county orbegin insert theend insert department has issued a temporary
37suspension order, the hearing shall be held within 30 days
38following the receipt of a timely appeal or notice of defense. The
39temporary suspension order shall remain in effect until the time
40the hearing is completed and the director has made a final
P251  1determination on the merits. However, the temporary suspension
2order shall be deemed vacated if the director fails to make a final
3determination on the merits within 30 days after receipt of the
4proposed decision by the county or department.

5(i) Upon a finding of noncompliance, the department may
6require a foster family agency to denybegin delete orend deletebegin insert a resource family
7application,end insert
rescind the approval of abegin delete home,end deletebegin insert resource family,end insert or
8take other action deemed necessary for the protection of a child
9who is or who may be placedbegin delete in the home.end deletebegin insert with the resource family.end insert
10 The resourcebegin delete family, applicant, or excluded individualend deletebegin insert family or
11applicantend insert
shall be afforded the due process provided pursuant to
12this section.

13(1) If the department requires a foster family agency to denybegin insert an
14applicationend insert
or rescind thebegin delete approval,end deletebegin insert approval of a resource family,end insert
15 the department shall serve an order of denial or rescission notifying
16the resource family, applicant, and foster family agency of the
17basis of the department’s action and of the right to a hearing.

18(2) The department’s order of thebegin insert applicationend insert denial or rescission
19of the approval shall remain in effect until the hearing is completed
20and the director has made a final determination on the merits.

21(3) A foster family agency’s failure to comply with the
22department’s order to denybegin insert an applicationend insert or rescind the approval
23begin insert of a resource familyend insert by placing or retaining a child in care shall
24be grounds for disciplining the foster family agency pursuant to
25Section 1550 of the Health and Safety Code.

26(j) A resource family, applicant,begin delete or excluded individualend deletebegin insert excluded
27individual, or individual who is the subject of a criminal record
28exemption decisionend insert
who files an appeal to a notice of action
29pursuant to this section shall, as part of the appeal, provide his or
30her current mailing address. The resource family, applicant,begin delete or
31excluded individualend delete
begin insert excluded individual, or individual who is the
32subject of a criminal record exemption decisionend insert
shall subsequently
33notify the county, or department if applicable, in writing of any
34change in mailing address, until the hearing process has been
35completed or terminated.

36(k) Service by mail of a notice or other writing on a resource
37family, applicant,begin delete or excluded individualend deletebegin insert excluded individual, or
38individual who is the subject of a criminal record exemption
39decisionend insert
in a procedure provided herein is effective if served to
40the last mailing address on file with the county or department.
P252  1Service of a notice of action may be by personal service or by first
2class mail. If the last day for performance of any action required
3herein falls on a holiday, then such period shall be extended to the
4next day which is not a holiday.

5(l) In all proceedings conducted in accordance with this section,
6the burden of proof on the department or county shall be by a
7preponderance of the evidence.

8(m) begin deleteThe end deletebegin insert(1)end insertbegin insertend insertbegin insertA end insertcounty orbegin insert theend insert department may institute or
9continue an administrative proceeding against a resource family,
10applicant,begin insert or individual who is the subject of a criminal record
11exemption decisionend insert
upon any ground provided by thisbegin delete section,end delete
12begin insert section or Section 16519.61,end insert enter an order denyingbegin insert an applicationend insert
13 or rescinding thebegin delete approval,end deletebegin insert approval of a resource family,end insert exclude
14anbegin delete associatedend delete individual, issue a temporary suspension order, or
15otherwise take disciplinary action against a resource family,
16applicant,begin delete or excluded individual,end deletebegin insert or individual who is the subject
17of a criminal record exemption decision,end insert
notwithstanding any
18resignation, withdrawal, surrender of approval, or denial or
19rescission of the approval by a foster family agency.

begin insert

20
(2) The department may institute or continue an administrative
21proceeding against an excluded individual upon any ground
22provided by this section or Section 16519.61, enter an order to
23exclude an individual, or otherwise take disciplinary action against
24an excluded individual, notwithstanding any resignation,
25withdrawal, surrender of approval, or denial or rescission of the
26approval by a foster family agency.

end insert
begin insert

27
(n) (1) A proceeding conducted pursuant to this section shall
28be confidential and not open to the public in order to preserve the
29confidential information of a child in accordance with Sections
30827 and 10850, Section 1536 of the Health and Safety Code, and
31Section 11167.5 of the Penal Code. Notwithstanding this
32requirement, an administrative law judge may admit persons
33deemed to have a direct and legitimate interest in the particular
34case or the work of the court on a case-by-case basis and with any
35admonishments, limitations, and protective orders as may be
36necessary to preserve the confidential nature of the proceedings.

end insert
begin insert

37
(2) Except as otherwise required by law, in any writ of mandate
38proceeding related to an issue arising out of this article, the name,
39identifying information, or confidential information of a child as
40described in Sections 827, 10850, and 16519.55, and Section
P253  111167.5 of the Penal Code, shall not be disclosed in a public
2document and a protective order shall be issued by the court in
3order to protect the confidential information of a child.

end insert
4

begin deleteSEC. 70.end delete
5
begin insertSEC. 88.end insert  

Section 16519.61 is added to the Welfare and
6Institutions Code
, to read:

7

16519.61.  

A county or the department may deny a resource
8family application or rescind the approval of a resource family,
9and the department may exclude an individual from a resource
10family home, for any of the following reasons:

11(a) Violation of Section 16519.5, the written directives or
12regulations adopted pursuant to Section 16519.5, or any applicable
13law.

14(b) Aiding, abetting, or permitting the violation of Section
1516519.5, the written directives or regulations adopted pursuant to
16Section 16519.5, or any applicable law.

17(c) Conduct that poses a risk or threat to the health and safety,
18protection, or well-being of a child or the people of the State of
19California.

20(d) The conviction of the resource family applicant, parent, or
21associated individual at any time before or during his or her
22approval of a crime described in Section 1522 of the Health and
23Safety Code.

24(e) Engaging in acts of financial malfeasance, including, but
25not limited to, improper use or embezzlement of the money or
26property of a child, fraudulent appropriation for personal gain of
27money or property, or willful or negligent failure to provide
28services.

begin insert

29
(f) Any other reason specified in the written directives or
30regulations adopted pursuant to Section 16519.5.

end insert
31

begin deleteSEC. 71.end delete
32
begin insertSEC. 89.end insert  

Section 16519.62 is added to the Welfare and
33Institutions Code
, to read:

34

16519.62.  

(a) The out-of-court statements of a child under 12
35years of age who is the subject or victim of an allegation at issue
36constitutes admissible evidence at an administrative hearing
37conducted pursuant to this article. The out-of-court statement may
38provide the sole basis for a finding of fact if the proponent of the
39statement provided the statement to all parties prior to the hearing
40and the adjudicator finds that the time, content, and circumstances
P254  1of the statement provide sufficient indicia of reliability. However,
2the out-of-court statement shall not be admissible if an objecting
3party establishes that the statement is unreliable because it was the
4product of fraud, deceit, or undue influence.

5(b) This section shall not be construed to limit the right of any
6party to the administrative hearing to subpoena a witness whose
7statement is admitted as evidence or to introduce admissible
8evidence relevant to the weight of the hearsay evidence or the
9credibility of the hearsay declarant.

10

begin deleteSEC. 72.end delete
11
begin insertSEC. 90.end insert  

The heading of Article 3 (commencing with Section
1216520) is added to Chapter 5 of Part 4 of Division 9 of the Welfare
13and Institutions Code
, to read:

14 

15Article 3.  Miscellaneous Provisions
16

 

17begin insert

begin insertSEC. 91.end insert  

end insert

begin insertSection 18358.30 of the end insertbegin insertWelfare and Institutions Codeend insert
18
begin insert is amended to read:end insert

19

18358.30.  

(a) Rates for foster family agency programs
20participating under this chapter shall be exempt from the current
21AFDC-FC foster family agency ratesetting system.

22(b) Rates for foster family agency programs participating under
23this chapter shall be set according to the appropriate service and
24rate level based on the level of services provided to the eligible
25child and the certified foster family. For an eligible child placed
26from a group home program, the service and rate level shall not
27exceed the rate paid for group home placement. For an eligible
28child assessed by the county interagency review team or county
29placing agency as at imminent risk of group home placement or
30psychiatric hospitalization, the appropriate service and rate level
31for the child shall be determined by the interagency review team
32or county placing agency at time of placement. In all of the service
33and rate levels, the foster family agency programs shall:

34(1) Provide social work services with average caseloads not to
35exceed eight children per worker, except that social worker average
36caseloads for children in Service and Rate Level E shall not exceed
3712 children per worker.

38(2) Pay an amount not less than two thousand one hundred
39dollars ($2,100) per child per month to the certified foster parent
40or parents.

P255  1(3) Perform activities necessary for the administration of the
2programs, including, but not limited to, training, recruitment,
3certification, and monitoring of the certified foster parents.

4(4) (A) (i) Provide a minimum average range of service per
5month for children in each service and rate level in a participating
6foster family agency, represented by paid employee hours incurred
7by the participating foster family agency, by the in-home support
8counselor to the eligible child and the certified foster parents
9depending on the needs of the child and according to the following
10schedule:


11

 

Service

In-Home Support

and

Counselor Hours

Rate Level

Per Month

A

98-114 hours

B

81-97 hours

C

64-80 hours

D

47-63 hours

P255 1929P255 3620P255 2934

 

20(ii) Children placed at Service and Rate Level E shall receive
21behavior deescalation and other support services on a flexible, as
22needed, basis from an in-home support counselor. The foster family
23agency shall provide one full-time in-home support counselor for
24every 20 children placed at this level.

25(B) (i) For the interim period beginning July 1, 2012, through
26December 31, 2016, inclusive, only the following modified service
27and rate levels to support modified in-home support counselor
28hours per month shall apply:

 

Service

In-Home Support

and

Counselor Hours

Rate Level

Per Month

Level I

81-114 hours

Level II

47-80 hours

Level III

Less than 47 hours

P255 3620P255 2934

 

37(ii) Children placed at Service and Rate Level III shall receive
38behavior deescalation and other support services on a flexible, as
39needed, basis from an in-home support counselor. The foster family
P256  1agency shall provide one full-time in-home support counselor for
2every 20 children placed at this level.

3(C) When the interagency review team or county placing agency
4and the foster family agency agree that alternative services are in
5the best interests of the child, the foster family agency may provide
6or arrange for services and supports allowable under California’s
7foster care program in lieu of in-home support services required
8by subparagraphs (A) and (B). These services and supports may
9include, but need not be limited to, activities in the
10Multidimensional Treatment Foster Care (MTFC) program.

11(c) The department or placing county, or both, may review the
12level of services provided by the foster family agency program. If
13the level of services actually provided are less than those required
14by subdivision (b) for the child’s service and rate level, the rate
15shall be adjusted to reflect the level of service actually provided,
16and an overpayment may be established and recovered by the
17department.

18(d) (1) On and after July 1, 1998, the standard rate schedule of
19service and rate levels shall be:

 

Service

Fiscal Year

and

1998-99

Rate Level

Standard Rate

A

$3,957

B

$3,628

C

$3,290

D

$2,970

E

$2,639

P255 2934

 

30(2) For the interim period beginning July 1, 2012, through
31December 31, 2016, inclusive, only the following modified service
32and rate levels to support the modified standard rate schedule shall
33apply:

 

Service

 

and

 

Rate Level

Standard Rate

Level I

$5,581

Level II

$4,798

Level III

$4,034

 

P257  1(3) (A) On and after July 1, 1999, the standardized schedule of
2rates shall be adjusted by an amount equal to the California
3Necessities Index computed pursuant to Section 11453, rounded
4to the nearest dollar. The resultant amounts shall constitute the
5new standardized rate schedule, subject to further adjustment
6pursuant to subparagraph (B), for foster family agency programs
7participating under this chapter.

8(B) In addition to the adjustment in subparagraph (A),
9commencing January 1, 2000, the standardized schedule of rates
10shall be increased by 2.36 percent, rounded to the nearest dollar.
11The resultant amounts shall constitute the new standardized rate
12schedule for foster family agency programs participating under
13this chapter.

14(4) (A) Beginning with the 2000-01 fiscal year, the standardized
15schedule of rates shall be adjusted annually by an amount equal
16to the California Necessities Index computed pursuant to Section
1711453, subject to the availability of funds. The resultant amounts,
18rounded to the nearest dollar, shall constitute the new standard rate
19schedule for foster family agency programs participating under
20this chapter.

21(B) Effective October 1, 2009, the rates identified in this
22subdivision shall be reduced by 10 percent. The resulting amounts
23shall constitute the new standardized schedule of rates.

24(5) Notwithstanding paragraphs (3) and (4), the rate identified
25in paragraph (2) of subdivision (b) shall be adjusted on July 1,
262013, and each July 1 thereafter through July 1, 2016, inclusive,
27by an amount equal to the California Necessities Index computed
28pursuant to Section 11453.

29(e) (1) Rates for foster family agency programs participating
30under paragraph (1) of subdivision (d) shall not exceed Service
31and Rate Level A at any time during an eligible child’s placement.
32An eligible child may be initially placed in a participating intensive
33foster care program at any one of the five Service and Rate Levels
34A to E, inclusive, and thereafter placed at any level, either higher
35or lower, not to exceed a total of six months at any level other than
36Service and Rate Level E, unless it is determined to be in the best
37interests of the child by the child’s county interagency review team
38or county placing agency and the child’s certified foster parents.
39The child’s county interagency placement review team or county
40placement agency may, through a formal review of the child’s
P258  1placement, extend the placement of an eligible child in a service
2and rate level higher than Service and Rate Level E for additional
3periods of up to six months each.

4(2) Rates for foster family agency programs participating under
5paragraph (2) of subdivision (d) shall not exceed Service and Rate
6Level I at any time during an eligible child’s placement. An eligible
7child may be initially placed in a participating intensive foster care
8program at any one of the three Service and Rate Levels I to III,
9inclusive, and thereafter placed at any level, either higher or lower,
10not to exceed a total of six months at any level other than Service
11and Rate Level III, unless it is determined to be in the best interests
12of the child by the child’s county interagency review team or
13county placing agency, foster family agency, and the child’s
14certified foster parents. The child’s county interagency placement
15review team or county placement agency, through a formal review
16of the child’s placement, may extend the placement of an eligible
17child in a service and rate level higher than Service and Rate Level
18III for additional periods of up to six months each.

19(f) It is the intent of the Legislature that the rate paid to
20participating foster family agency programs shall decrease as the
21child’s need for services from the foster family agency decreases.
22The foster family agency shall notify the placing county and the
23department of the reduced services and the pilot classification
24model, and the rate shall be reduced accordingly.

25(g) It is the intent of the Legislature to prohibit any duplication
26of public funding. Therefore, social worker services, payments to
27certified foster parents, administrative activities, and the services
28of in-home support counselors that are funded by another public
29source shall not be counted in determining whether the foster
30family agency program has met its obligations to provide the items
31listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
32department shall work with other potentially affected state
33departments to ensure that duplication of payment or services does
34not occur.

35(h) It is the intent of the Legislature that the State Department
36of Social Services and the State Department of Health Care
37Services, in collaboration with county placing agencies and ITFC
38providers and other stakeholders, develop and implement an
39integrated system that provides for the appropriate level of
P259  1placement and care, support services, and mental health treatment
2services to foster children served in these programs.

3(i) Beginning in the 2011-12 fiscal year, and for each fiscal
4year thereafter, funding and expenditures for programs and
5activities under this section shall be in accordance with the
6requirements provided in Sections 30025 and 30026.5 of the
7Government Code.

begin insert

8
(j)  Notwithstanding subdivisions (d) and (e), the department
9shall implement a new interim rate structure for the period
10 beginning July 1, 2017, to December 31, 2019, inclusive. The rate
11shall reflect the appropriate level of placement and address the
12need for specialized health care, support services, and mental
13health treatment services for foster children served in these
14programs.

end insert
15begin insert

begin insertSEC. 92.end insert  

end insert
begin insert

(a) The State Department of Social Services and the
16State Department of Health Care Services shall adopt regulations
17as required to implement this act and Chapter 773 of the Statutes
18of 2015.

end insert
begin insert

19
(b) Notwithstanding the rulemaking provisions of the
20Administrative Procedure Act (Chapter 3.5 (commencing with
21Section 11340) of Part 1 of Division 3 of Title 2 of the Government
22Code), the State Department of Social Services and the State
23Department of Health Care Services may implement and administer
24the changes made by this act through all-county letters or similar
25written instructions until regulations are adopted.

end insert
26

begin deleteSEC. 73.end delete
27
begin insertSEC. 93.end insert  

To the extent that this act has an overall effect of
28increasing certain costs already borne by a local agency for
29programs or levels of service mandated by the 2011 Realignment
30Legislation within the meaning of Section 36 of Article XIII of
31the California Constitution, it shall apply to local agencies only to
32the extent that the state provides annual funding for those cost
33increases. Any new program or higher level of service provided
34by a local agency pursuant to this act above the level for which
35funding has been provided shall not require a subvention of funds
36by the state nor otherwise be subject to Section 6 of Article XIII
37B of the California Constitution.

38With regard to certain other costs that may be incurred by a local
39 agency or school district, no reimbursement is required by this act
40pursuant to Section 6 of Article XIII B of the California
P260  1Constitution because, in that regard, this act creates a new crime
2or infraction, eliminates a crime or infraction, or changes the
3penalty for a crime or infraction within the meaning of Section
417556 of the Government Code, or changes the definition of a
5crime within the meaning of Section 6 of Article XIII B of the
6California Constitution.



O

    96