Amended in Senate June 30, 2016

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 Bill No. 1997

Introduced by Assembly Member Mark Stone

February 16, 2016

An act to amend Sections 48204, 48853, 56155.5, and 79420 of the Education Code, to amend Sections 6552 and 7911.1 of the Family Code, to amend Section 30029.7 of the Government Code, to amend Sections 1501.1, 1502, 1502.4, 1506, 1506.1, 1506.3, 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, and to add Sections 1517.1, 1517.2, begin delete 1517.3, and 1551.3 end delete begin insert and 1517.3 end insert to, the Health and Safety Code, to amend Section 676.7 of the Insurance Code, 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, 309, 361.2, 361.3, 361.4, 361.45, 361.5, 366.26, 727, 727.4, 4094.2, 4096, 4096.5, 11400, 11402, 11460, 11461, 11462, 11462.01, 11462.04, 11463, 11466, 11466.2, 11466.21, 11466.22, 11466.24, 11466.25, 11466.31, 11466.32, 11469, 16504.5, 16514, 16519.5, 16519.55, 16519.6, and 18358.30 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, to repeal Sections 11463.01 and 11463.1 of, 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.

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

This bill would also 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 department and counties from accepting applications to license foster family homes, and prohibiting foster family agencies from accepting applications to certify foster homes, on and after January 1, 2017. The bill would also make specified changes relating to resource families including by, among others, requiring 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, 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 care provided; authorizing counties to grant, deny, or rescind criminal records exemptions; and making it a misdemeanor to willfully and knowingly, with the intent to deceive, make a false statement or fail to disclose a material fact in a resource family application. 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.

(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.

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.

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

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.

(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.

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

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

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

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

SECTION 1.  

Section 48204 of the Education Code, as amended
by Section 1.5 of Chapter 554 of the Statutes of 2015, is amended
to read:

48204.  

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

(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children’s institution or
a licensed foster home as defined in Section 56155.5, or a family
home pursuant to a commitment or placement under Chapter 2
(commencing with Section 200) of Part 1 of Division 2 of the
Welfare and Institutions Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
school district or 75 pupils, whichever amount is greater.

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

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

SEC. 2.  

Section 48204 of the Education Code, as amended by
Section 2.5 of Chapter 554 of the Statutes of 2015, is amended to
read:

48204.  

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

(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children’s institution or
a licensed foster home as defined in Section 56155.5, or a family
home pursuant to a commitment or placement under Chapter 2
(commencing with Section 200) of Part 1 of Division 2 of the
Welfare and Institutions Code.

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

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

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

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

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

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

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

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

SEC. 3.  

Section 48853 of the Education Code is amended to
read:

48853.  

(a) A pupil described in subdivision (a) of Section
48853.5 who is placed in a licensed children’s institution or foster
family home as defined in Section 56155.5, shall attend programs
operated by the local educational agency, unless one of the
following applies:

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

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

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

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

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

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

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

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

(c) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, a community school
as described in Sections 1981 and 48660, or other alternative
educational setting, the parent or guardian, or person holding the
right to make educational decisions for the pupil pursuant to
Section 361 or 726 of the Welfare and Institutions Code or Section
56055, shall first consider placement in the regular public school.

(d) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (f) of Section
48853.5, pending resolution of the dispute. The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency.

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

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

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

(A) For health and safety emergencies.

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

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

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

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

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

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

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

SEC. 4.  

Section 56155.5 of the Education Code is amended to
read:

56155.5.  

(a) As used in this part, “licensed children’s
institution” means a residential facility that is licensed by the state,
or other public agency having delegated authority by contract with
the state to license, to provide nonmedical care to children,
including, but not limited to, individuals with exceptional needs.
“Licensed children’s institution” includes a group home or
short-term residential treatment center, as defined in Section 1502
of the Health and Safety Code. As used in this article and Article
3 (commencing with Section 56836.165) of Chapter 7.2, a “licensed
children’s institution” does not include any of the following:

(1) A juvenile court school, juvenile hall, juvenile home, day
center, juvenile ranch, or juvenile camp administered pursuant to
Article 2.5 (commencing with Section 48645) of Chapter 4 of Part
27.

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

(3) Any special education programs provided pursuant to Section
56150.

(4) Any other public agency.

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

SEC. 5.  

Section 79420 of the Education Code is amended to
read:

79420.  

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

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

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

(c) Each college receiving funds for this program shall have a
plan, developed in consultation with the county child welfare
agency, for foster parent and relative/kinship care provider
education that includes the provision of training to facilitate the
development of foster family homes, as defined in Section 56155.5,
that care for no more than six children who have special mental,
emotional, developmental, or physical needs.

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

SEC. 6.  

Section 6552 of the Family Code is amended to read:

6552.  

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

 

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. ◻ 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):

◻ 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.

◻ 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:    .

 

 

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.

 

 

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

 

Notices:

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

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

Additional Information:

TO CAREGIVERS:

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

2. The law may require you, if you are not a relative or a currently
licensed, certified, or approved foster parent, to obtain resource
family approval pursuant to Section 16519.5 of the Welfare and
Institutions Code in order to care for a minor. If you have any
questions, please contact your local department of social services.

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

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

TO SCHOOL OFFICIALS:

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

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

TO HEALTH CARE PROVIDERS AND HEALTH CARE
SERVICE PLANS:

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

2. This affidavit does not confer dependency for health care
coverage purposes.

SEC. 7.  

Section 7911.1 of the Family Code is amended to read:

7911.1.  

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

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

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

(2) (A) On and after January 1, 2017, the licensing standards
applicable to out-of-state group homes certified by the department,
as described in paragraph (1), shall be those required of short-term
residential treatment centers operated in this state, unless the
out-of-state group home is granted an extension pursuant to
subdivision (d) of Section 11462.04 of the Welfare and Institutions
Code or has otherwise been granted a waiver pursuant to this
subdivision.

(B) On and after January 1, 2017, begin delete an out-of-state group home
shall satisfy end delete begin insert the licensing standards applicable to out-of-state
group homes certified by the department, as described in
paragraph (1), shall include end insert the licensing standards for mental
health program approval in Section 1562.01 of the Health and
Safety begin delete Code end delete begin insert Code. These standards may be satisfied end insert if the
out-of-state group home has an equivalent mental health program
approval in the state in which it is operating. begin insert If an out-of-state
group home cannot satisfy the licensing standards for an equivalent
mental health program approval, children shall not be placed in
that facility. end insert

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 8.  

Section 30029.7 of the Government Code is amended
to read:

30029.7.  

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

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

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

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

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

(c) (1) Contracts awarded pursuant to paragraph (1) of
subdivision (a) shall be exempt from the requirements of Chapter
1 (commencing with Section 10100) and Chapter 2 (commencing
with Section 10290) of Part 2 of Division 2 of the Public Contract
Code. Contracts with the State Department of Health Care Services
shall include reimbursement to the state for the cost of providing
the services or activities in paragraph (1) of subdivision (a), subject
to the terms of the contract. Those reimbursement amounts shall
not exceed the funding provided to counties for specified programs.

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

SEC. 9.  

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

1501.1.  

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

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

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

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

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

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

SEC. 10.  

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

1502.  

As used in this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) Places children for adoption.

(D) Supervises adoptive placements.

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

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

(A) Assesses the prospective adoptive parents.

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 11.  

Section 1502.4 of the Health and Safety Code, as
added by Section 8 of Chapter 773 of the Statutes of 2015, is
amended to read:

1502.4.  

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

(b) For the purposes of this chapter, the following definitions
shall apply:

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

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

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

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

SEC. 12.  

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

1506.  

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Marriage, family, and child counseling.

(B) Child psychology.

(C) Child development.

(D) Counseling psychology.

(E) Social psychology.

(F) Clinical psychology.

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

(H) Education, with emphasis on counseling.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 13.  

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

1506.1.  

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

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

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

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

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

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

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

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

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

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

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

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

(c) On and after January 1, 2017, a foster family agency’s plan
of operation shall include a program statement. The program
statement shall contain a description of all of the following:

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

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

(3) The procedures for the development, implementation, and
periodic updating of the needs and services plan for children placed
with the foster family agency or served by the foster family agency,
consistent with the case plans as developed by the county placing
agency, that support the reasonable and prudent parent standard,
as defined in Section 362.05 of the Welfare and Institutions Code,
and procedures for collaborating with the child and family team
as described in paragraph (4) of subdivision (a) of Section 16501
of the Welfare and Institutions Code, that includes, but is not
limited to, a description of the services to be provided to meet the
treatment needs of children assessed.

(4) (i) How the foster family agency will comply with the
resource family approval standards and requirements, as set forth
in Section 1517.

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

(5) The population or populations to be served.

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

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

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

(9) The plan for the training, supervision, and support of
resource families to meet the appropriate needs of children,
consistent with the training requirements set forth in Section
16519.5 of the Welfare and Institutions Code. To the extent
possible, the foster family agency training plan for resource
families shall be consistent with the training requirements set forth
by the county child welfare placing agency.

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

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

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

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

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

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

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

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

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

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

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

SEC. 14.  

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

1506.3.  

A foster family agency shall employ one full-time
social work supervisor for every eight social workers or fraction
thereof in the agency.

SEC. 15.  

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

1506.5.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 16.  

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

1506.6.  

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

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

(c) (1) A licensed foster family home shall forfeit its license,
pursuant to subdivision (b) of Section 1524, concurrent with
resource family approval by a foster family agency or a county.

(2) A certified family home shall forfeit its certificate of
approval concurrent with resource family approval by a foster
family agency, pursuant to subdivision (f) of Section 1517, or a
county.

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

SEC. 17.  

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

1506.7.  

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

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

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

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

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

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

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

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

SEC. 18.  

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

1506.8.  

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

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

SEC. 19.  

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

1517.  

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

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

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

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

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

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

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

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

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

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

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

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

(C) Ensuring staff have the education, experience, and core
competencies necessary to participate in the assessment and
evaluation of an applicant or resource family.

(D) Taking the following actions, as applicable:

(i) (I) Approving or denying resource family applications,
including preparing a written evaluation of an applicant’s capacity
to foster, adopt, or provide legal guardianship of a child based on
all of the information gathered through the resource family
application and assessment processes.

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

(ii) Rescinding approvals of resource families.

(E) Providing to the department a log of resource families that
were approved or had approval rescinded during the month by the
10th day of the following month.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 20.  

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

1517.1.  

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 21.  

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

1517.2.  

(a) The application form signed by a resource family
applicant of a foster family agency shall be signed with a
declaration by the applicant that the information submitted is true,
correct, and contains no material omissions of fact to the best
knowledge and belief of the applicant. Any person who willfully
and knowingly, with the intent to deceive, makes a false statement
or fails to disclose a material fact in his or her application is guilty
of a misdemeanor.

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

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

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

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

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

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

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

SEC. 22.  

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

1517.3.  

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

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

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

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

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

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

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

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

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

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

SEC. 23.  

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

1520.1.  

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

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

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

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

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

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

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

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

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

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

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

(B) Disclosure requirements for self-dealing transactions.

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

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

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

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

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

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

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

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

(C) Neighbors of the facility.

(D) Current or former clients of the facility.

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

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

SEC. 24.  

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

1522.44.  

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

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

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

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

SEC. 25.  

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

1523.1.  

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 26.  

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

1525.5.  

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

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

SEC. 27.  

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

1536.  

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Violating licensing rules and regulations.

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

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

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

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

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

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

SEC. 28.  

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

1538.8.  

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 29.  

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

1538.9.  

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

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

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

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

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

(B) Child-to-staff ratios.

(C) Staff qualifications and training.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete

SEC. 30.  

Section 1551.3 is added to the Health and Safety
Code, to read:

1551.3.  

A proceeding conducted pursuant to Section 1534,
1551, or 1558 against a foster family home or certified family
home of a foster family agency shall be confidential and not open
to the public in order to preserve the confidential information of
a child in accordance with Section 1536, Section 11167.5 of the
Penal Code, and Sections 827 and 10850 of the Welfare and
Institutions Code. Notwithstanding this requirement, an
administrative law judge may admit those persons deemed to have
a direct and legitimate interest in the particular case or the work
of the court on a case-by-case basis and with any admonishments,
limitations, and protective orders as may be necessary to preserve
the confidential nature of the proceedings.

end delete

begin delete SEC. 31. end delete

begin insert SEC. 30. end insert   

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

1562.01.  

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

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

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

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

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

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

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

(c) (1) A short-term residential treatment center shall have up
to 12 months from the date of licensure to obtain in good standing
a mental health program approval that includes a Medi-Cal mental
health certification, as set forth in Sections 4096.5 and 11462.01
of the Welfare and Institutions Code.

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

begin insert

(3) The department shall track the number of licensed short-term
residential treatment centers that were unable to obtain a mental
health program approval and provide that information to the
Legislature annually as part of the state budget process.

end insert

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

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

(A) A statement of purposes and goals.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Staff classifications.

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

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

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

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

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

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

(C) Training to be completed annually.

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

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

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

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

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

(E) Core practice model.

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

(G) Reasonable and prudent parent standard.

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

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

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

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

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

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

(N) Health issues in foster care.

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

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

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

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

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

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

begin delete SEC. 32. end delete

begin insert SEC. 31. end insert   

Section 676.7 of the Insurance Code is amended to
read:

676.7.  

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

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

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

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

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

(3) Alienation of affection of a foster child.

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

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

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

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

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

begin delete SEC. 33. end delete

begin insert SEC. 32. end insert   

Section 11165.7 of the Penal Code is amended to
read:

11165.7.  

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

(1) A teacher.

(2) An instructional aide.

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

(4) A classified employee of a public school.

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

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

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

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

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

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

(11) A Head Start program teacher.

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

(13) A public assistance worker.

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

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

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

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

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

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

(20) A firefighter, except for volunteer firefighters.

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

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

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

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

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

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

(27) A coroner.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 34. end delete

begin insert SEC. 33. end insert   

Section 1541 of the Probate Code is amended to read:

1541.  

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

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

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

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

begin delete SEC. 35. end delete

begin insert SEC. 34. end insert   

Section 1543 of the Probate Code is amended to read:

1543.  

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

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

begin delete SEC. 36. end delete

begin insert SEC. 35. end insert   

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

291.  

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

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

(1) The mother.

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

(3) The legal guardian or guardians.

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

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

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

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

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

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

(c) Notice shall be served as follows:

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

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

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

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

(2) The nature of the hearing.

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

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

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

(6) A statement that:

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

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

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

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

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

(7) A copy of the petition.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 37. end delete

begin insert SEC. 36. end insert   

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

291.  

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

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

(1) The mother.

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

(3) The legal guardian or guardians.

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

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

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

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

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

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

(c) Notice shall be served as follows:

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

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

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

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

(2) The nature of the hearing.

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

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

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

(6) A statement that:

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

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

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

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

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

(7) A copy of the petition.

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

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

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

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

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

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

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

begin delete SEC. 38. end delete

begin insert SEC. 37. end insert   

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

293.  

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

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

(1) The mother.

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

(3) The legal guardian or guardians.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 39. end delete

begin insert SEC. 38. end insert   

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

293.  

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

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

(1) The mother.

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

(3) The legal guardian or guardians.

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 40. end delete

begin insert SEC. 39. end insert   

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

294.  

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

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

(1) The mother.

(2) The fathers, presumed and alleged.

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

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

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

(6) All counsel of record.

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

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

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

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

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

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

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

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

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

(e) The notice shall contain the following information:

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

(2) The right to appear.

(3) The parents’ right to counsel.

(4) The nature of the proceedings.

(5) The recommendation of the supervising agency.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 41. end delete

begin insert SEC. 40. end insert   

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

294.  

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

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

(1) The mother.

(2) The fathers, presumed and alleged.

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

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

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

(6) All counsel of record.

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

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

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

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

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

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

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

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

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

(e) The notice shall contain the following information:

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

(2) The right to appear.

(3) The parents’ right to counsel.

(4) The nature of the proceedings.

(5) The recommendation of the supervising agency.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 42. end delete

begin insert SEC. 41. end insert   

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

295.  

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

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

(1) The mother.

(2) The presumed father.

(3) The legal guardian or guardians.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 43. end delete

begin insert SEC. 42. end insert   

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

295.  

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

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

(1) The mother.

(2) The presumed father.

(3) The legal guardian or guardians.

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 44. end delete

begin insert SEC. 43. end insert   

Section 309 of the Welfare and Institutions Code is
amended to read:

309.  

(a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child’s being taken into custody and
attempt to maintain the child with the child’s family through the
provision of services. The social worker shall immediately release
the child to the custody of the child’s parent, guardian, or
responsible relative, regardless of the parent’s, guardian’s, or
relative’s immigration status, unless one or more of the following
conditions exist:

(1) The child has no parent, guardian, or responsible relative;
or the child’s parent, guardian, or responsible relative is not willing
to provide care for the child.

(2) Continued detention of the child is a matter of immediate
and urgent necessity for the protection of the child and there are
no reasonable means by which the child can be protected in his or
her home or the home of a responsible relative.

(3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the court.

(4) The child has left a placement in which he or she was placed
by the juvenile court.

(5) The parent or other person having lawful custody of the
child voluntarily surrendered physical custody of the child pursuant
to Section 1255.7 of the Health and Safety Code and did not
reclaim the child within the 14-day period specified in subdivision
(e) of that section.

(b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician and surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved and is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered
to the social worker for the purposes of this chapter while the child
is at the office of the physician and surgeon or the medical facility.

(c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.

(d) (1) If an able and willing relative, as defined in Section 319,
or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, or after the
detention hearing and pending the dispositional hearing conducted
pursuant to Section 358, the county welfare department shall
initiate an assessment of the relative’s or nonrelative extended
family member’s suitability, which shall include an in-home
inspection to assess the safety of the home and the ability of the
relative or nonrelative extended family member to care for the
child’s needs, and a consideration of the results of a criminal
records check conducted pursuant to subdivision (a) of Section
16504.5 and a check of allegations of prior child abuse or neglect
concerning the relative or nonrelative extended family member
and other adults in the home. A relative’s identification card from
a foreign consulate or foreign passport shall be considered a valid
form of identification for conducting a criminal records check and
fingerprint clearance check under this subdivision. Upon
completion of this assessment, the child may be placed on an
emergency basis in the assessed home.

(2) Following the emergency placement of a child in the home
of a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home
pursuant to Section 16519.5.

(3) If the criminal records check indicates that the person has
been convicted of a crime for which the Director of Social Services
cannot grant an exemption under Section 1522 of the Health and
Safety Code, the child shall not be placed in the home. If the
criminal records check indicates that the person has been convicted
of a crime for which the Director of Social Services may grant an
exemption under Section 1522 of the Health and Safety Code, the
child shall not be placed in the home unless a criminal records
exemption has been granted by the county based on substantial
and convincing evidence to support a reasonable belief that the
person with the criminal conviction is of such good character as
to justify the placement and not present a risk of harm to the child.

(e) (1) If the child is removed, the social worker shall conduct,
within 30 days, an investigation in order to identify and locate all
grandparents, parents of a sibling of the child, if the parent has
legal custody of the sibling, adult siblings, and other adult relatives
of the child, as defined in paragraph (2) of subdivision (f) of
Section 319, including any other adult relatives suggested by the
parents. As used in this section, “sibling” means a person related
to the identified child by blood, adoption, or affinity through a
common legal or biological parent. The social worker shall provide
to all adult relatives who are located, except when that relative’s
history of family or domestic violence makes notification
inappropriate, within 30 days of removal of the child, written
notification and shall also, whenever appropriate, provide oral
notification, in person or by telephone, of all the following
information:

(A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.

(B) An explanation of the various options to participate in the
care and placement of the child and support for the child’s family,
including any options that may be lost by failing to respond. The
notice shall provide information about providing care for the child
while the family receives reunification services with the goal of
returning the child to the parent or guardian, how to become a
resource family, and additional services and support that are
available in out-of-home placements. The notice shall also include
information regarding the Kin-GAP Program (Article 4.5
(commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9), the CalWORKs program for approved relative
caregivers (Chapter 2 (commencing with Section 11200) of Part
3 of Division 9), adoption, and adoption assistance (Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9), as well
as other options for contact with the child, including, but not
limited to, visitation. The State Department of Social Services, in
consultation with the County Welfare Directors Association of
California and other interested stakeholders, shall develop the
written notice.

(2) The social worker shall also provide the adult relatives
notified pursuant to paragraph (1) with a relative information form
to provide information to the social worker and the court regarding
the needs of the child. The form shall include a provision whereby
the relative may request the permission of the court to address the
court, if the relative so chooses. The Judicial Council, in
consultation with the State Department of Social Services and the
County Welfare Directors Association of California, shall develop
the form.

(3) The social worker shall use due diligence in investigating
the names and locations of the relatives pursuant to paragraph (1),
including, but not limited to, asking the child in an age-appropriate
manner about relatives important to the child, consistent with the
child’s best interest, and obtaining information regarding the
location of the child’s adult relatives. Each county welfare
department shall create and make public a procedure by which
relatives of a child who has been removed from his or her parents
or guardians may identify themselves to the county welfare
department and be provided with the notices required by paragraphs
(1) and (2).

begin delete SEC. 45. end delete

begin insert SEC. 44. end insert   

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

361.2.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) A child who is 6 to 12 years of age, inclusive, may be placed
in a community care facility licensed as a group home for children
or a short-term residential treatment center under the following
conditions.

(i) The short-term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department.

(ii) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of this
subparagraph shall apply to each extension. In addition, the deputy
director or director of the county child welfare department shall
approve the continued placement no less frequently than every 60
days.

(10) Any child placed in a short-term residential treatment center
shall be either of the following:

(A) A child who has been assessed as meeting one of the
placement requirements set forth in subdivisions (d) and (e) of
Section 11462.01.

(B) A child under 6 years of age who is placed with his or her
minor parent or for the purpose of reunification pursuant to clause
(iv) of subparagraph (A) of paragraph (9).

(11) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United
States, except as specified in subdivision (f).

(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best interest
of the child, except as required by federal law or treaty.

(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and shall show,
by clear and convincing evidence, that placement outside the
United States is in the best interest of the child.

(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:

(A) Placement with a relative.

(B) Placement of siblings in the same home.

(C) Amount and nature of any contact between the child and
the potential guardian or caretaker.

(D) Physical and medical needs of the dependent child.

(E) Psychological and emotional needs of the dependent child.

(F) Social, cultural, and educational needs of the dependent
child.

(G) Specific desires of any dependent child who is 12 years of
age or older.

(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.

(5) For purposes of this subdivision, “outside the United States”
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.

(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).

(g) (1) If the child is taken from the physical custody of the
child’s parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child’s parent or guardian in order to facilitate
reunification of the family.

(2) In the event that there are no appropriate placements
available in the parent’s or guardian’s county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent’s or guardian’s
community of residence.

(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child’s placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent’s or guardian’s
reason for the move.

(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child’s parent’s or guardian’s
county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child’s case
plan. If the reason the out-of-county placement is necessary is the
lack of resources in the sending county to meet the specific needs
of the child, those specific resource needs shall be documented in
the case plan.

(5) When it has been determined that a child is to be placed out
of county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and
the sending county is to maintain responsibility for supervision
and visitation of the child, the sending county shall develop a plan
of supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of
supervision and visitation, as well as information regarding any
known or suspected dangerous behavior of the child, shall be made
available to the receiving county upon placement of the child in
the receiving county. If placement occurs on a weekend or holiday,
the information shall be made available to the receiving county on
or before the end of the next business day.

(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.

(h) Whenever the social worker must change the placement of
the child and is unable to find a suitable placement within the
county and must place the child outside the county, the placement
shall not be made until he or she has served written notice on the
parent or guardian at least 14 days prior to the placement, unless
the child’s health or well-being is endangered by delaying the
action or would be endangered if prior notice were given. The
notice shall state the reasons that require placement outside the
county. The parent or guardian may object to the placement not
later than seven days after receipt of the notice and, upon objection,
the court shall hold a hearing not later than five days after the
objection and prior to the placement. The court shall order
out-of-county placement if it finds that the child’s particular needs
require placement outside the county.

(i) If the court has ordered removal of the child from the physical
custody of his or her parents pursuant to Section 361, the court
shall consider whether the family ties and best interest of the child
will be served by granting visitation rights to the child’s
grandparents. The court shall clearly specify those rights to the
social worker.

(j) If the court has ordered removal of the child from the physical
custody of his or her parents pursuant to Section 361, the court
shall consider whether there are any siblings under the court’s
jurisdiction, or any nondependent siblings in the physical custody
of a parent subject to the court’s jurisdiction, the nature of the
relationship between the child and his or her siblings, the
appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002, and the impact of the
sibling relationships on the child’s placement and planning for
legal permanence.

(k) (1) An agency shall ensure placement of a child in a home
that, to the fullest extent possible, best meets the day-to-day needs
of the child. A home that best meets the day-to-day needs of the
child shall satisfy all of the following criteria:

(A) The child’s caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.

(B) The child’s caregiver is permitted to maintain the least
restrictive family setting that promotes normal childhood
experiences and that serves the day-to-day needs of the child.

(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote normal
childhood experiences for the foster child.

(2) The foster child’s caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child’s caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.

(l) This section shall become operative on January 1, 2017.

begin delete SEC. 46. end delete

begin insert SEC. 45. end insert   

Section 361.3 of the Welfare and Institutions Code
is amended to read:

361.3.  

(a) In any case in which a child is removed from the
physical custody of his or her parents pursuant to Section 361,
preferential consideration shall be given to a request by a relative
of the child for placement of the child with the relative, regardless
of the relative’s immigration status. In determining whether
placement with a relative is appropriate, the county social worker
and court shall consider, but shall not be limited to, consideration
of all the following factors:

(1) The best interest of the child, including special physical,
psychological, educational, medical, or emotional needs.

(2) The wishes of the parent, the relative, and child, if
appropriate.

(3) The provisions of Part 6 (commencing with Section 7950)
of Division 12 of the Family Code regarding relative placement.

(4) Placement of siblings and half siblings in the same home,
unless that placement is found to be contrary to the safety and
well-being of any of the siblings, as provided in Section 16002.

(5) The good moral character of the relative and any other adult
living in the home, including whether any individual residing in
the home has a prior history of violent criminal acts or has been
responsible for acts of child abuse or neglect.

(6) The nature and duration of the relationship between the child
and the relative, and the relative’s desire to care for, and to provide
legal permanency for, the child if reunification is unsuccessful.

(7) The ability of the relative to do the following:

(A) Provide a safe, secure, and stable environment for the child.

(B) Exercise proper and effective care and control of the child.

(C) Provide a home and the necessities of life for the child.

(D) Protect the child from his or her parents.

(E) Facilitate court-ordered reunification efforts with the parents.

(F) Facilitate visitation with the child’s other relatives.

(G) Facilitate implementation of all elements of the case plan.

(H) (i) Provide legal permanence for the child if reunification
fails.

(ii) However, any finding made with respect to the factor
considered pursuant to this subparagraph and pursuant to
subparagraph (G) shall not be the sole basis for precluding
preferential placement with a relative.

(I) Arrange for appropriate and safe child care, as necessary.

(8) (A) The safety of the relative’s home. For a relative to be
considered appropriate to receive placement of a child under this
section on an emergency basis, the relative’s home shall first be
assessed pursuant to the process and standards described in
subdivision (d) of Section 309.

(B) In this regard, the Legislature declares that a physical
disability, such as blindness or deafness, is no bar to the raising
of children, and a county social worker’s determination as to the
ability of a disabled relative to exercise care and control should
center upon whether the relative’s disability prevents him or her
from exercising care and control. The court shall order the parent
to disclose to the county social worker the names, residences, and
any other known identifying information of any maternal or
paternal relatives of the child. This inquiry shall not be construed,
however, to guarantee that the child will be placed with any person
so identified. The county social worker shall initially contact the
relatives given preferential consideration for placement to
determine if they desire the child to be placed with them. Those
desiring placement shall be assessed according to the factors
enumerated in this subdivision. The county social worker shall
document these efforts in the social study prepared pursuant to
Section 358.1. The court shall authorize the county social worker,
while assessing these relatives for the possibility of placement, to
disclose to the relative, as appropriate, the fact that the child is in
custody, the alleged reasons for the custody, and the projected
likely date for the child’s return home or placement for adoption
or legal guardianship. However, this investigation shall not be
construed as good cause for continuance of the dispositional
hearing conducted pursuant to Section 358.

(b) In any case in which more than one appropriate relative
requests preferential consideration pursuant to this section, each
relative shall be considered under the factors enumerated in
subdivision (a). Consistent with the legislative intent for children
to be placed immediately with a responsible relative, this section
does not limit the county social worker’s ability to place a child
in the home of an appropriate relative or a nonrelative extended
family member pending the consideration of other relatives who
have requested preferential consideration.

(c) For purposes of this section:

(1) “Preferential consideration” means that the relative seeking
placement shall be the first placement to be considered and
investigated.

(2) “Relative” means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words “great,” “great-great,” or “grand,” or the
spouse of any of these persons even if the marriage was terminated
by death or dissolution. However, only the following relatives
shall be given preferential consideration for the placement of the
child: an adult who is a grandparent, aunt, uncle, or sibling.

(d) Subsequent to the hearing conducted pursuant to Section
358, whenever a new placement of the child must be made,
consideration for placement shall again be given as described in
this section to relatives who have not been found to be unsuitable
and who will fulfill the child’s reunification or permanent plan
requirements. In addition to the factors described in subdivision
(a), the county social worker shall consider whether the relative
has established and maintained a relationship with the child.

(e) If the court does not place the child with a relative who has
been considered for placement pursuant to this section, the court
shall state for the record the reasons placement with that relative
was denied.

(f) (1) With respect to a child who satisfies the criteria set forth
in paragraph (2), the department and any licensed adoption agency
may search for a relative and furnish identifying information
relating to the child to that relative if it is believed the child’s
welfare will be promoted thereby.

(2) Paragraph (1) shall apply if both of the following conditions
are satisfied:

(A) The child was previously a dependent of the court.

(B) The child was previously adopted and the adoption has been
disrupted, set aside pursuant to Section 9100 or 9102 of the Family
Code, or the child has been released into the custody of the
department or a licensed adoption agency by the adoptive parent
or parents.

(3) As used in this subdivision, “relative” includes a member
of the child’s birth family and nonrelated extended family
members, regardless of whether the parental rights were terminated,
provided that both of the following are true:

(A) No appropriate potential caretaker is known to exist from
the child’s adoptive family, including nonrelated extended family
members of the adoptive family.

(B) The child was not the subject of a voluntary relinquishment
by the birth parents pursuant to Section 8700 of the Family Code
or Section 1255.7 of the Health and Safety Code.

begin delete SEC. 47. end delete

begin insert SEC. 46. end insert   

Section 361.4 of the Welfare and Institutions Code
is amended to read:

361.4.  

(a) Prior to placing a child in the home of a relative, or
the home of any prospective guardian or another person who is
not a licensed or certified foster parent or an approved resource
family, the county social worker shall visit the home to ascertain
the appropriateness of the placement.

(b) (1) Whenever a child may be placed in the home of a
relative, a prospective guardian, or another person who is not a
licensed or certified foster parent or an approved resource family,
the court or county social worker placing the child shall cause a
state-level criminal records check to be conducted by an appropriate
government agency through the California Law Enforcement
Telecommunications System (CLETS) pursuant to Section 16504.5.
The criminal records check shall be conducted with regard to all
persons over 18 years of age living in the home, and on any other
person over 18 years of age, other than professionals providing
professional services to the child, known to the placing entity who
may have significant contact with the child, including any person
who has a familial or intimate relationship with any person living
in the home. A criminal records check may be conducted pursuant
to this section on any person over 14 years of age living in the
home who the county social worker believes may have a criminal
record. Within 10 calendar days following the criminal records
check conducted through the California Law Enforcement
Telecommunications System, the social worker shall ensure that
a fingerprint clearance check of the relative and any other person
whose criminal record was obtained pursuant to this subdivision
is initiated through the Department of Justice to ensure the accuracy
of the criminal records check conducted through the California
Law Enforcement Telecommunications System and shall review
the results of any criminal records check to assess the safety of the
home. The Department of Justice shall forward fingerprint requests
for federal-level criminal history information to the Federal Bureau
of Investigation pursuant to this section.

(2) An identification card from a foreign consulate or foreign
passport shall be considered a valid form of identification for
conducting a criminal records check and fingerprint clearance
check under this subdivision and under subdivision (c).

(c) Whenever a child may be placed in the home of a relative,
a prospective guardian, or another person who is not a licensed or
certified foster parent or an approved resource family, the county
social worker shall cause a check of the Child Abuse Central Index
pursuant to subdivision (a) of Section 11170 of the Penal Code to
be requested from the Department of Justice. The Child Abuse
Central Index check shall be conducted on all persons over 18
years of age living in the home. For any application received on
or after January 1, 2008, if any person in the household is 18 years
of age or older and has lived in another state in the preceding five
years, the county social worker shall check the other state’s child
abuse and neglect registry to the extent required by federal law.

(d) (1) If the results of the California and federal criminal
records check indicates that the person has no criminal record, the
county social worker and court may consider the home of the
relative, prospective guardian, or other person who is not a licensed
or certified foster parent or approved resource family for placement
of a child.

(2) If the criminal records check indicates that the person has
been convicted of a crime that the Director of Social Services
cannot grant an exemption for under Section 1522 of the Health
and Safety Code, the child shall not be placed in the home. If the
criminal records check indicates that the person has been convicted
of a crime that the Director of Social Services may grant an
exemption for under Section 1522 of the Health and Safety Code,
the child shall not be placed in the home unless a criminal records
exemption has been granted by the county, based on substantial
and convincing evidence to support a reasonable belief that the
person with the criminal conviction is of such good character as
to justify the placement and not present a risk of harm to the child
pursuant to paragraph (3).

(3) (A) A county may issue a criminal records exemption only
if that county has been granted permission by the Director of Social
Services to issue criminal records exemptions. The county may
file a request with the Director of Social Services seeking
permission for the county to establish a procedure to evaluate and
grant appropriate individual criminal records exemptions for
persons described in subdivision (b). The director shall grant or
deny the county’s request within 14 days of receipt. The county
shall evaluate individual criminal records in accordance with the
standards and limitations set forth in paragraph (1) of subdivision
(g) of Section 1522 of the Health and Safety Code, and in no event
shall the county place a child in the home of a person who is
ineligible for an exemption under that provision.

(B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
paragraph (1) of subdivision (g) of Section 1522 of the Health and
Safety Code.

(4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of
county exemption decisions.

(5) The State Department of Social Services shall not evaluate
or grant criminal records exemption requests for persons described
in subdivision (b), unless the exemption request is made by an
Indian tribe pursuant to subdivision (e).

(6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish
a procedure to evaluate and grant criminal records exemptions,
the county shall not place a child into the home of a person
described in subdivision (b) if any person residing in the home has
been convicted of a crime other than a minor traffic violation,
except as provided in subdivision (e).

(e) The State Department of Social Services shall evaluate a
request from an Indian tribe to exempt a crime that is exemptible
under Section 1522 of the Health and Safety Code, if needed, to
allow placement into an Indian home that the tribe has designated
for placement under the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.). However, if the county with jurisdiction
over the child that is the subject of the tribe’s request has
established an approved procedure pursuant to paragraph (3) of
subdivision (d), the tribe may request that the county evaluate the
exemption request. Once a tribe has elected to have the exemption
request reviewed by either the State Department of Social Services
or the county, the exemption decision may only be made by that
entity. Nothing in this subdivision limits the duty of a county social
worker to evaluate the home for placement or to gather information
needed to evaluate an exemption request.

begin delete SEC. 48. end delete

begin insert SEC. 47. end insert   

Section 361.45 of the Welfare and Institutions Code
is amended to read:

361.45.  

(a) Notwithstanding any other law, when the sudden
unavailability of a foster caregiver requires a change in placement
on an emergency basis for a child who is under the jurisdiction of
the juvenile court pursuant to Section 300, if an able and willing
relative, as defined in Section 319, or an able and willing
nonrelative extended family member, as defined in Section 362.7,
is available and requests temporary placement of the child pending
resolution of the emergency situation, the county welfare
department shall initiate an assessment of the relative’s or
nonrelative extended family member’s suitability, which shall
include an in-home inspection to assess the safety of the home and
the ability of the relative or nonrelative extended family member
to care for the child’s needs, and a consideration of the results of
a criminal records check conducted pursuant to subdivision (a) of
Section 16504.5 and a check of allegations of prior child abuse or
neglect concerning the relative or nonrelative extended family
member and other adults in the home. Upon completion of this
assessment, the child may be placed on an emergency basis in the
assessed home.

(b) Following the emergency placement of a child in the home
of a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home
pursuant to Section 16519.5.

(c) (1) On and after January 1, 2012, if a nonminor dependent,
as defined in subdivision (v) of Section 11400, is placed in the
home of a relative or nonrelative extended family member, the
home shall be approved using the same standards set forth in
regulations as described in Section 1502.7 of the Health and Safety
Code.

(2) On or before July 1, 2012, the department, in consultation
with representatives of the Legislature, the County Welfare
Directors Association, the Chief Probation Officers of California,
the California Youth Connection, the Judicial Council, former
foster youth, child advocacy organizations, dependency counsel
for children, juvenile justice advocacy organizations, foster
caregiver organizations, labor organizations, and representatives
of Indian tribes, shall revise regulations regarding health and safety
standards for approving relative homes in which nonminor
dependents, as defined in subdivision (v) of Section 11400, of the
juvenile court are placed under the responsibility of the county
welfare or probation department, or an Indian tribe that entered
into an agreement pursuant to Section 10553.1.

(3) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department, in consultation
with the stakeholders listed in paragraph (2), shall prepare for
implementation of the applicable provisions of this section by
publishing all-county letters or similar instructions from the director
by October 1, 2011, to be effective January 1, 2012. Emergency
regulations to implement this section may be adopted by the
director in accordance with the Administrative Procedure Act. The
initial adoption of the emergency regulations and one readoption
of the initial regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace,
health, safety, or general welfare. Initial emergency regulations
and the first readoption of those emergency regulations shall be
exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary
of State and shall remain in effect for no more than 180 days.

begin delete SEC. 49. end delete

begin insert SEC. 48. end insert   

Section 361.5 of the Welfare and Institutions Code
is amended to read:

361.5.  

(a) Except as provided in subdivision (b), or when the
parent has voluntarily relinquished the child and the relinquishment
has been filed with the State Department of Social Services, or
upon the establishment of an order of guardianship pursuant to
Section 360, or when a court adjudicates a petition under Section
329 to modify the court’s jurisdiction from delinquency jurisdiction
to dependency jurisdiction pursuant to subparagraph (A) of
paragraph (2) of subdivision (b) of Section 607.2 and the parents
or guardian of the ward have had reunification services terminated
under the delinquency jurisdiction, whenever a child is removed
from a parent’s or guardian’s custody, the juvenile court shall order
the social worker to provide child welfare services to the child and
the child’s mother and statutorily presumed father or guardians.
Upon a finding and declaration of paternity by the juvenile court
or proof of a prior declaration of paternity by any court of
competent jurisdiction, the juvenile court may order services for
the child and the biological father, if the court determines that the
services will benefit the child.

(1) Family reunification services, when provided, shall be
provided as follows:

(A) Except as otherwise provided in subparagraph (C), for a
child who, on the date of initial removal from the physical custody
of his or her parent or guardian, was three years of age or older,
court-ordered services shall be provided beginning with the
dispositional hearing and ending 12 months after the date the child
entered foster care as provided in Section 361.49, unless the child
is returned to the home of the parent or guardian.

(B) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under three
years of age, court-ordered services shall be provided for a period
of six months from the dispositional hearing as provided in
subdivision (e) of Section 366.21, but no longer than 12 months
from the date the child entered foster care as provided in Section
361.49 unless the child is returned to the home of the parent or
guardian.

(C) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for
a child in a sibling group whose members were removed from
parental custody at the same time, and in which one member of
the sibling group was under three years of age on the date of initial
removal from the physical custody of his or her parent or guardian,
court-ordered services for some or all of the sibling group may be
limited as set forth in subparagraph (B). For the purposes of this
paragraph, “a sibling group” shall mean two or more children who
are related to each other as full or half siblings.

(2) Any motion to terminate court-ordered reunification services
prior to the hearing set pursuant to subdivision (f) of Section 366.21
for a child described by subparagraph (A) of paragraph (1), or
prior to the hearing set pursuant to subdivision (e) of Section
366.21 for a child described by subparagraph (B) or (C) of
paragraph (1), shall be made pursuant to the requirements set forth
in subdivision (c) of Section 388. A motion to terminate
court-ordered reunification services shall not be required at the
hearing set pursuant to subdivision (e) of Section 366.21 if the
court finds by clear and convincing evidence one of the following:

(A) That the child was removed initially under subdivision (g)
of Section 300 and the whereabouts of the parent are still unknown.

(B) That the parent has failed to contact and visit the child.

(C) That the parent has been convicted of a felony indicating
parental unfitness.

(3) Notwithstanding subparagraphs (A), (B), and (C) of
paragraph (1), court-ordered services may be extended up to a
maximum time period not to exceed 18 months after the date the
child was originally removed from physical custody of his or her
parent or guardian if it can be shown, at the hearing held pursuant
to subdivision (f) of Section 366.21, that the permanent plan for
the child is that he or she will be returned and safely maintained
in the home within the extended time period. The court shall extend
the time period only if it finds that there is a substantial probability
that the child will be returned to the physical custody of his or her
parent or guardian within the extended time period or that
reasonable services have not been provided to the parent or
guardian. In determining whether court-ordered services may be
extended, the court shall consider the special circumstances of an
incarcerated or institutionalized parent or parents, parent or parents
court-ordered to a residential substance abuse treatment program,
or a parent who has been arrested and issued an immigration hold,
detained by the United States Department of Homeland Security,
or deported to his or her country of origin, including, but not
limited to, barriers to the parent’s or guardian’s access to services
and ability to maintain contact with his or her child. The court
shall also consider, among other factors, good faith efforts that the
parent or guardian has made to maintain contact with the child. If
the court extends the time period, the court shall specify the factual
basis for its conclusion that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or guardian within the extended time period. The court also
shall make findings pursuant to subdivision (a) of Section 366 and
subdivision (e) of Section 358.1.

When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent’s or guardian’s participation is deemed by the
court to be inappropriate or potentially detrimental to the child, or
unless a parent or guardian is incarcerated begin delete of end delete begin insert or end insert detained by the
United States Department of Homeland Security and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court, or has been deported
to his or her country of origin and services ordered by the court
are not accessible in that country. Physical custody of the child by
the parents or guardians during the applicable time period under
subparagraph (A), (B), or (C) of paragraph (1) shall not serve to
interrupt the running of the time period. If at the end of the
applicable time period, a child cannot be safely returned to the
care and custody of a parent or guardian without court supervision,
but the child clearly desires contact with the parent or guardian,
the court shall take the child’s desire into account in devising a
permanency plan.

In cases where the child was under three years of age on the date
of the initial removal from the physical custody of his or her parent
or guardian or is a member of a sibling group as described in
subparagraph (C) of paragraph (1), the court shall inform the parent
or guardian that the failure of the parent or guardian to participate
regularly in any court-ordered treatment programs or to cooperate
or avail himself or herself of services provided as part of the child
welfare services case plan may result in a termination of efforts
to reunify the family after six months. The court shall inform the
parent or guardian of the factors used in subdivision (e) of Section
366.21 to determine whether to limit services to six months for
some or all members of a sibling group as described in
subparagraph (C) of paragraph (1).

(4) Notwithstanding paragraph (3), court-ordered services may
be extended up to a maximum time period not to exceed 24 months
after the date the child was originally removed from physical
custody of his or her parent or guardian if it is shown, at the hearing
held pursuant to subdivision (b) of Section 366.22, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.
The court shall extend the time period only if it finds that it is in
the child’s best interest to have the time period extended and that
there is a substantial probability that the child will be returned to
the physical custody of his or her parent or guardian who is
described in subdivision (b) of Section 366.22 within the extended
time period, or that reasonable services have not been provided to
the parent or guardian. If the court extends the time period, the
court shall specify the factual basis for its conclusion that there is
a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the
extended time period. The court also shall make findings pursuant
to subdivision (a) of Section 366 and subdivision (e) of Section
358.1.

When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
in order for substantial probability to be found. Physical custody
of the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall
not serve to interrupt the running of the time period. If at the end
of the applicable time period, the child cannot be safely returned
to the care and custody of a parent or guardian without court
supervision, but the child clearly desires contact with the parent
or guardian, the court shall take the child’s desire into account in
devising a permanency plan.

Except in cases where, pursuant to subdivision (b), the court
does not order reunification services, the court shall inform the
parent or parents of Section 366.26 and shall specify that the
parent’s or parents’ parental rights may be terminated.

(b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by
clear and convincing evidence, any of the following:

(1) That the whereabouts of the parent or guardian is unknown.
A finding pursuant to this paragraph shall be supported by an
affidavit or by proof that a reasonably diligent search has failed
to locate the parent or guardian. The posting or publication of
notices is not required in that search.

(2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.

(3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section
300 as a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his
or her parent or guardian pursuant to Section 361, that the child
has been returned to the custody of the parent or guardian from
whom the child had been taken originally, and that the child is
being removed pursuant to Section 361, due to additional physical
or sexual abuse.

(4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.

(5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct
of that parent or guardian.

(6) That the child has been adjudicated a dependent pursuant
to any subdivision of Section 300 as a result of severe sexual abuse
or the infliction of severe physical harm to the child, a sibling, or
a half sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.

A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half sibling of the child, or
between the child or a sibling or half sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the
child’s, sibling’s, or half sibling’s genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.

A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited
to, deliberate and serious injury inflicted to or on a child’s body
or the body of a sibling or half sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.

(7) That the parent is not receiving reunification services for a
sibling or a half sibling of the child pursuant to paragraph (3), (5),
or (6).

(8) That the child was conceived by means of the commission
of an offense listed in Section 288 or 288.5 of the Penal Code, or
by an act committed outside of this state that, if committed in this
state, would constitute one of those offenses. This paragraph only
applies to the parent who committed the offense or act.

(9) That the child has been found to be a child described in
subdivision (g) of Section 300; that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or
that the parent or other person having custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code. For the purposes
of this paragraph, “serious danger” means that without the
intervention of another person or agency, the child would have
sustained severe or permanent disability, injury, illness, or death.
For purposes of this paragraph, “willful abandonment” shall not
be construed as actions taken in good faith by the parent without
the intent of placing the child in serious danger.

(10) That the court ordered termination of reunification services
for any siblings or half siblings of the child because the parent or
guardian failed to reunify with the sibling or half sibling after the
sibling or half sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is
the same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems
that led to removal of the sibling or half sibling of that child from
that parent or guardian.

(11) That the parental rights of a parent over any sibling or half
sibling of the child had been permanently severed, and this parent
is the same parent described in subdivision (a), and that, according
to the findings of the court, this parent has not subsequently made
a reasonable effort to treat the problems that led to removal of the
sibling or half sibling of that child from the parent.

(12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.

(13) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior court-ordered treatment for this problem during a
three-year period immediately prior to the filing of the petition
that brought that child to the court’s attention, or has failed or
refused to comply with a program of drug or alcohol treatment
described in the case plan required by Section 358.1 on at least
two prior occasions, even though the programs identified were
available and accessible.

(14) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.

The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council. The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of
services, including the termination of parental rights and placement
of the child for adoption. The court shall not accept the waiver of
services unless it states on the record its finding that the parent or
guardian has knowingly and intelligently waived the right to
services.

(15) That the parent or guardian has on one or more occasions
willfully abducted the child or child’s sibling or half sibling from
his or her placement and refused to disclose the child’s or child’s
sibling’s or half sibling’s whereabouts, refused to return physical
custody of the child or child’s sibling or half sibling to his or her
placement, or refused to return physical custody of the child or
child’s sibling or half sibling to the social worker.

(16) That the parent or guardian has been required by the court
to be registered on a sex offender registry under the federal Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
16913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
Child Abuse Prevention and Treatment Act of 2006 (42 U.S.C.
Sec. 5106a(2)(B)(xvi)(VI)).

(c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately caring
for the child within the time limits specified in subdivision (a).

The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12),
(13), (14), (15), or (16) of subdivision (b) unless the court finds,
by clear and convincing evidence, that reunification is in the best
interest of the child.

In addition, the court shall not order reunification in any situation
described in paragraph (5) of subdivision (b) unless it finds that,
based on competent testimony, those services are likely to prevent
reabuse or continued neglect of the child or that failure to try
reunification will be detrimental to the child because the child is
closely and positively attached to that parent. The social worker
shall investigate the circumstances leading to the removal of the
child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or unsuccessful
and whether failure to order reunification is likely to be detrimental
to the child.

The failure of the parent to respond to previous services, the fact
that the child was abused while the parent was under the influence
of drugs or alcohol, a past history of violent behavior, or testimony
by a competent professional that the parent’s behavior is unlikely
to be changed by services are among the factors indicating that
reunification services are unlikely to be successful. The fact that
a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the parent
that has exposed the child to repeated abuse.

(d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement
of the child, the court shall order the social worker to provide
family reunification services in accordance with this subdivision.

(e) (1) If the parent or guardian is incarcerated, institutionalized,
or detained by the United States Department of Homeland Security,
or has been deported to his or her country of origin, the court shall
order reasonable services unless the court determines, by clear and
convincing evidence, those services would be detrimental to the
child. In determining detriment, the court shall consider the age
of the child, the degree of parent-child bonding, the length of the
sentence, the length and nature of the treatment, the nature of the
crime or illness, the degree of detriment to the child if services are
not offered and, for children 10 years of age or older, the child’s
attitude toward the implementation of family reunification services,
the likelihood of the parent’s discharge from incarceration,
institutionalization, or detention within the reunification time
limitations described in subdivision (a), and any other appropriate
factors. In determining the content of reasonable services, the court
shall consider the particular barriers to an incarcerated,
institutionalized, detained, or deported parent’s access to those
court-mandated services and ability to maintain contact with his
or her child, and shall document this information in the child’s
case plan. Reunification services are subject to the applicable time
limitations imposed in subdivision (a). Services may include, but
shall not be limited to, all of the following:

(A) Maintaining contact between the parent and child through
collect telephone calls.

(B) Transportation services, when appropriate.

(C) Visitation services, when appropriate.

(D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.

An incarcerated or detained parent may be required to attend
counseling, parenting classes, or vocational training programs as
part of the reunification service plan if actual access to these
services is provided. The social worker shall document in the
child’s case plan the particular barriers to an incarcerated,
institutionalized, or detained parent’s access to those
court-mandated services and ability to maintain contact with his
or her child.

(E) Reasonable efforts to assist parents who have been deported
to contact child welfare authorities in their country of origin, to
identify any available services that would substantially comply
with case plan requirements, to document the parents’ participation
in those services, and to accept reports from local child welfare
authorities as to the parents’ living situation, progress, and
participation in services.

(2) The presiding judge of the juvenile court of each county
may convene representatives of the county welfare department,
the sheriff’s department, and other appropriate entities for the
purpose of developing and entering into protocols for ensuring the
notification, transportation, and presence of an incarcerated or
institutionalized parent at all court hearings involving proceedings
affecting the child pursuant to Section 2625 of the Penal Code.
The county welfare department shall utilize the prisoner locator
system developed by the Department of Corrections and
Rehabilitation to facilitate timely and effective notice of hearings
for incarcerated parents.

(3) Notwithstanding any other law, if the incarcerated parent is
a woman seeking to participate in the community treatment
program operated by the Department of Corrections and
Rehabilitation pursuant to Chapter 4.8 (commencing with Section
1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent’s participation in a program is in the
child’s best interest and whether it is suitable to meet the needs of
the parent and child.

(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), (13), (14), (15), or (16) of subdivision (b)
or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include a
permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship,
placement with a fit and willing relative, or another planned
permanent living arrangement, or in the case of an Indian child,
in consultation with the child’s tribe, tribal customary adoption,
is the most appropriate plan for the child, and shall consider in-state
and out-of-state placement options. If the court so determines, it
shall conduct the hearing pursuant to Section 366.26 within 120
days after the dispositional hearing. However, the court shall not
schedule a hearing so long as the other parent is being provided
reunification services pursuant to subdivision (a). The court may
continue to permit the parent to visit the child unless it finds that
visitation would be detrimental to the child.

(g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, including, when, in consultation with
the child’s tribe, tribal customary adoption is recommended, it
shall direct the agency supervising the child and the county
adoption agency, or the State Department of Social Services when
it is acting as an adoption agency, to prepare an assessment that
shall include:

(A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for
in Section 291.

(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the
extended family of each child shall be reviewed on a case-by-case
basis, “extended family” for the purpose of this subparagraph shall
include, but not be limited to, the child’s siblings, grandparents,
aunts, and uncles.

(C) An evaluation of the child’s medical, developmental,
scholastic, mental, and emotional status.

(D) A preliminary assessment of the eligibility and commitment
of any identified prospective adoptive parent or guardian, including
a prospective tribal customary adoptive parent, particularly the
caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child’s needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, “relative” means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
“great,” “great-great,” or “grand,” or the spouse of any of those
persons even if the marriage was terminated by death or
dissolution. If the proposed permanent plan is guardianship with
an approved relative caregiver for a minor eligible for aid under
the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
as used in this section has the same meaning as “relative” as
defined in subdivision (c) of Section 11391.

(E) The relationship of the child to any identified prospective
adoptive parent or guardian, including a prospective tribal
customary parent, the duration and character of the relationship,
the degree of attachment of the child to the prospective relative
guardian or adoptive parent, the relative’s or adoptive parent’s
strong commitment to caring permanently for the child, the
motivation for seeking adoption or guardianship, a statement from
the child concerning placement and the adoption or guardianship,
and whether the child over 12 years of age has been consulted
about the proposed relative guardianship arrangements, unless the
child’s age or physical, emotional, or other condition precludes
his or her meaningful response, and if so, a description of the
condition.

(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.

(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child’s tribe, a
begin insert tribal end insert customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:

(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.

(ii) Whether the Indian child cannot or should not be returned
to the home of the Indian parent or Indian custodian and the reasons
for reaching that conclusion.

(2) (A) A relative caregiver’s preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.

(B) Regardless of his or her immigration status, a relative
caregiver shall be given information regarding the permanency
options of guardianship and adoption, including the long-term
benefits and consequences of each option, prior to establishing
legal guardianship or pursuing adoption. If the proposed permanent
plan is guardianship with an approved relative caregiver for a
minor eligible for aid under the Kin-GAP Program, as provided
for in Article 4.7 (commencing with Section 11385) of Chapter 2
of Part 3 of Division 9, the relative caregiver shall be informed
about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.

(h) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385) of Chapter 2 of Part
3 of Division 9, as applicable.

(i) In determining whether reunification services will benefit
the child pursuant to paragraph (6) or (7) of subdivision (b), the
court shall consider any information it deems relevant, including
the following factors:

(1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the
child’s sibling or half sibling.

(2) The circumstances under which the abuse or harm was
inflicted on the child or the child’s sibling or half sibling.

(3) The severity of the emotional trauma suffered by the child
or the child’s sibling or half sibling.

(4) Any history of abuse of other children by the offending
parent or guardian.

(5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.

(6) Whether or not the child desires to be reunified with the
offending parent or guardian.

(j) When the court determines that reunification services will
not be ordered, it shall order that the child’s caregiver receive the
child’s birth certificate in accordance with Sections 16010.4 and
16010.5. Additionally, when the court determines that reunification
services will not be ordered, it shall order, when appropriate, that
a child who is 16 years of age or older receive his or her birth
certificate.

(k) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would
not benefit the child.

begin delete SEC. 50. end delete

begin insert SEC. 49. end insert   

Section 366.26 of the Welfare and Institutions Code
is amended to read:

366.26.  

(a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision
(d) of Section 360. The procedures specified herein are the
exclusive procedures for conducting these hearings; Part 2
(commencing with Section 3020) of Division 8 of the Family Code
is not applicable to these proceedings. Section 8616.5 of the Family
Code is applicable and available to all dependent children meeting
the requirements of that section, if the postadoption contact
agreement has been entered into voluntarily. For children who are
adjudged dependent children of the juvenile court pursuant to
subdivision (d) of Section 360, this section and Sections 8604,
8605, 8606, and 8700 of the Family Code and Chapter 5
(commencing with Section 7660) of Part 3 of Division 12 of the
Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.

(b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, 366.22, or
366.25, shall indicate that the court has read and considered it,
shall receive other evidence that the parties may present, and then
shall make findings and orders in the following order of preference:

(1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.

(2) Order, without termination of parental rights, the plan of
tribal customary adoption, as described in Section 366.24, through
tribal custom, traditions, or law of the Indian child’s tribe, and
upon the court affording the tribal customary adoption order full
faith and credit at the continued selection and implementation
hearing, order that a hearing be set pursuant to paragraph (2) of
subdivision (e).

(3) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.

(4) On making a finding under paragraph (3) of subdivision (c),
identify adoption or tribal customary adoption as the permanent
placement goal and order that efforts be made to locate an
appropriate adoptive family for the child within a period not to
exceed 180 days.

(5) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.

(6) Order that the child be permanently placed with a fit and
willing relative, subject to the periodic review of the juvenile court
under Section 366.3.

(7) Order that the child remain in foster care, subject to the
conditions described in paragraph (4) of subdivision (c) and the
periodic review of the juvenile court under Section 366.3.

In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).

(c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that
it is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not likely
the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for
six months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody
of the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental rights.
Under these circumstances, the court shall terminate parental rights
unless either of the following applies:

(A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with
a stable and permanent environment through legal guardianship,
and the removal of the child from the custody of his or her relative
would be detrimental to the emotional well-being of the child. For
purposes of an Indian child, “relative” shall include an “extended
family member,” as defined in the federal Indian Child Welfare
Act of 1978 (25 U.S.C. Sec. 1903(2)).

(B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more
of the following circumstances:

(i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.

(ii) A child 12 years of age or older objects to termination of
parental rights.

(iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential
care is no longer needed.

(iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of
exceptional circumstances, that do not include an unwillingness
to accept legal or financial responsibility for the child, but who is
willing and capable of providing the child with a stable and
permanent environment and the removal of the child from the
physical custody of his or her foster parent or Indian custodian
would be detrimental to the emotional well-being of the child. This
clause does not apply to any child who is either (I) under six years
of age or (II) a member of a sibling group where at least one child
is under six years of age and the siblings are, or should be,
permanently placed together.

(v) There would be substantial interference with a child’s sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong
bonds with a sibling, and whether ongoing contact is in the child’s
best interest, including the child’s long-term emotional interest,
as compared to the benefit of legal permanence through adoption.

(vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be
in the best interest of the child, including, but not limited to:

(I) Termination of parental rights would substantially interfere
with the child’s connection to his or her tribal community or the
child’s tribal membership rights.

(II) The child’s tribe has identified guardianship, foster care
with a fit and willing relative, tribal customary adoption, or another
planned permanent living arrangement for the child.

(III) The child is a nonminor dependent, and the nonminor and
the nonminor’s tribe have identified tribal customary adoption for
the nonminor.

(C) For purposes of subparagraph (B), in the case of tribal
customary adoptions, Section 366.24 shall apply.

(D) If the court finds that termination of parental rights would
be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
(v), or (vi), it shall state its reasons in writing or on the record.

(2) The court shall not terminate parental rights if:

(A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered
or provided.

(B) In the case of an Indian child:

(i) At the hearing terminating parental rights, the court has found
that active efforts were not made as required in Section 361.7.

(ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more “qualified
expert witnesses” as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.

(iii) The court has ordered tribal customary adoption pursuant
to Section 366.24.

(3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place for
adoption and there is no identified or available prospective adoptive
parent, the court may identify adoption as the permanent placement
goal and, without terminating parental rights, order that efforts be
made to locate an appropriate adoptive family for the child, within
the state or out of the state, within a period not to exceed 180 days.
During this 180-day period, the public agency responsible for
seeking adoptive parents for each child shall, to the extent possible,
ask each child who is 10 years of age or older to identify any
individuals, other than the child’s siblings, who are important to
the child, in order to identify potential adoptive parents. The public
agency may ask any other child to provide that information, as
appropriate. During the 180-day period, the public agency shall,
to the extent possible, contact other private and public adoption
agencies regarding the availability of the child for adoption. During
the 180-day period, the public agency shall conduct the search for
adoptive parents in the same manner as prescribed for children in
Sections 8708 and 8709 of the Family Code. At the expiration of
this period, another hearing shall be held and the court shall
proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision
(b). For purposes of this section, a child may only be found to be
difficult to place for adoption if there is no identified or available
prospective adoptive parent for the child because of the child’s
membership in a sibling group, or the presence of a diagnosed
medical, physical, or mental handicap, or the child is seven years
of age or older.

(4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the child,
because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
applies, the court shall order that the present caretakers or other
appropriate persons shall become legal guardians of the child, or,
in the case of an Indian child, consider a tribal customary adoption
pursuant to Section 366.24. Legal guardianship shall be considered
before continuing the child in foster care under any other permanent
plan, if it is in the best interests of the child and if a suitable
guardian can be found. If the child continues in foster care, the
court shall make factual findings identifying any barriers to
achieving adoption, tribal customary adoption in the case of an
Indian child, legal guardianship, or placement with a fit and willing
relative as of the date of the hearing. A child who is 10 years of
age or older, shall be asked to identify any individuals, other than
the child’s siblings, who are important to the child, in order to
identify potential guardians or, in the case of an Indian child,
prospective tribal customary adoptive parents. The agency may
ask any other child to provide that information, as appropriate.

(B) (i) If the child is living with an approved relative who is
willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian as of the
hearing date, the court shall order a permanent plan of placement
with a fit and willing relative, and the child shall not be removed
from the home if the court finds the removal would be seriously
detrimental to the emotional well-being of the child because the
child has substantial psychological ties to the relative caretaker.

(ii) If the child is living with a nonrelative caregiver who is
willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian as of the
hearing date, the court shall order that the child remain in foster
care with a permanent plan of return home, adoption, legal
guardianship, or placement with a fit and willing relative, as
appropriate. If the child is 16 years of age or older, or a nonminor
dependent, and no other permanent plan is appropriate at the time
of the hearing, the court may order another planned permanent
living arrangement, as described in paragraph (2) of subdivision
(i) of Section 16501. Regardless of the age of the child, the child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
caregiver.

(iii) If the child is living in a group home or, on or after January
1, 2017, a short-term residential treatment center, the court shall
order that the child remain in foster care with a permanent plan of
return home, adoption, tribal customary adoption in the case of an
Indian child, legal guardianship, or placement with a fit and willing
relative, as appropriate. If the child is 16 years of age or older, or
a nonminor dependent, and no other permanent plan is appropriate
at the time of the hearing, the court may order another planned
permanent living arrangement, as described in paragraph (2) of
subdivision (i) of Section 16501.

(C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of
the evidence that the visitation would be detrimental to the physical
or emotional well-being of the child.

(5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, that
placement with a fit and willing relative is not appropriate as of
the hearing date, and that there are no suitable foster parents except
certified family homes or resource families of a foster family
agency available to provide the child with a stable and permanent
environment, the court may order the care, custody, and control
of the child transferred from the county welfare department to a
licensed foster family agency. The court shall consider the written
recommendation of the county welfare director regarding the
suitability of the transfer. The transfer shall be subject to further
court orders.

The licensed foster family agency shall place the child in a
suitable licensed or certified family home that has been certified
by the agency as meeting licensing standards or with a resource
family approved by the agency. The licensed foster family agency
shall be responsible for supporting the child and providing
appropriate services to the child, including those services ordered
by the court. Responsibility for the support of the child shall not,
in and of itself, create liability on the part of the foster family
agency to third persons injured by the child. Those children whose
care, custody, and control are transferred to a foster family agency
shall not be eligible for foster care maintenance payments or child
welfare services, except for emergency response services pursuant
to Section 16504.

(d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint
the legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, subdivision (b) of Section 366.22, and
subdivision (b) of Section 366.25 shall be read and considered by
the court prior to the appointment, and this shall be reflected in
the minutes of the court. The person preparing the assessment may
be called and examined by any party to the proceeding.

(e) (1) The proceeding for the adoption of a child who is a
dependent of the juvenile court shall be in the juvenile court if the
court finds pursuant to this section that adoption is the appropriate
permanent plan and the petition for adoption is filed in the juvenile
court. Upon the filing of a petition for adoption, the juvenile court
shall order that an adoption hearing be set. The court shall proceed
with the adoption after the appellate rights of the natural parents
have been exhausted. The full report required by Section 8715 of
the Family Code shall be read and considered by the court prior
to the adoption and this shall be reflected in the minutes of the
court. The person preparing the report may be called and examined
by any party to the proceeding. It is the intent of the Legislature,
pursuant to this subdivision, to give potential adoptive parents the
option of filing in the juvenile court the petition for the adoption
of a child who is a dependent of the juvenile court. Nothing in this
section is intended to prevent the filing of a petition for adoption
in any other court as permitted by law, instead of in the juvenile
court.

(2) In the case of an Indian child, if the Indian child’s tribe has
elected a permanent plan of tribal customary adoption, the court,
upon receiving the tribal customary adoption order will afford the
tribal customary adoption order full faith and credit to the same
extent that the court would afford full faith and credit to the public
acts, records, judicial proceedings, and judgments of any other
entity. Upon a determination that the tribal customary adoption
order may be afforded full faith and credit, consistent with Section
224.5, the court shall thereafter order a hearing to finalize the
adoption be set upon the filing of the adoption petition. The
prospective tribal customary adoptive parents and the child who
is the subject of the tribal customary adoption petition shall appear
before the court for the finalization hearing. The court shall
thereafter issue an order of adoption pursuant to Section 366.24.

(3) If a child who is the subject of a finalized tribal customary
adoption shows evidence of a developmental disability or mental
illness as a result of conditions existing before the tribal customary
adoption to the extent that the child cannot be relinquished to a
licensed adoption agency on the grounds that the child is considered
unadoptable, and of which condition the tribal customary adoptive
parent or parents had no knowledge or notice before the entry of
the tribal customary adoption order, a petition setting forth those
facts may be filed by the tribal customary adoptive parent or
parents with the juvenile court that granted the tribal customary
adoption petition. If these facts are proved to the satisfaction of
the juvenile court, it may make an order setting aside the tribal
customary adoption order. The set-aside petition shall be filed
within five years of the issuance of the tribal customary adoption
order. The court clerk shall immediately notify the child’s tribe
and the department in Sacramento of the petition within 60 days
after the notice of filing of the petition. The department shall file
a full report with the court and shall appear before the court for
the purpose of representing the child. Whenever a final decree of
tribal customary adoption has been vacated or set aside, the child
shall be returned to the custody of the county in which the
proceeding for tribal customary adoption was finalized. The
biological parent or parents of the child may petition for return of
custody. The disposition of the child after the court has entered an
order to set aside a tribal customary adoption shall include
consultation with the child’s tribe.

(f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:

(1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.

(2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his
or her parent. The public defender or private counsel may be
appointed as counsel for the parent.

(3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of
which shall be determined by the court. The amount shall be paid
by the real parties in interest, other than the child, in any
proportions the court deems just. However, if the court finds that
any of the real parties in interest are unable to afford counsel, the
amount shall be paid out of the general fund of the county.

(g) The court may continue the proceeding for a period of time
not to exceed 30 days as necessary to appoint counsel, and to
enable counsel to become acquainted with the case.

(h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.

(2) In accordance with Section 349, the child shall be present
in court if the child or the child’s counsel so requests or the court
so orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to attend
the hearing and inquire as to the reason why the child is not present.

(3) (A) The testimony of the child may be taken in chambers
and outside the presence of the child’s parent or parents, if the
child’s parent or parents are represented by counsel, the counsel
is present, and any of the following circumstances exist:

(i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.

(ii) The child is likely to be intimidated by a formal courtroom
setting.

(iii) The child is afraid to testify in front of his or her parent or
parents.

(B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony
or have the testimony summarized by counsel for the parent or
parents.

(C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.

(i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and, upon all other persons who
have been served with citation by publication or otherwise as
provided in this chapter. After making the order, the juvenile court
shall have no power to set aside, change, or modify it, except as
provided in paragraph (2), but nothing in this section shall be
construed to limit the right to appeal the order.

(2) A tribal customary adoption order evidencing that the Indian
child has been the subject of a tribal customary adoption shall be
afforded full faith and credit and shall have the same force and
effect as an order of adoption authorized by this section. The rights
and obligations of the parties as to the matters determined by the
Indian child’s tribe shall be binding on all parties. A court shall
not order compliance with the order absent a finding that the party
seeking the enforcement participated, or attempted to participate,
in good faith, in family mediation services of the court or dispute
resolution through the tribe regarding the conflict, prior to the
filing of the enforcement action.

(3) A child who has not been adopted after the passage of at
least three years from the date the court terminated parental rights
and for whom the court has determined that adoption is no longer
the permanent plan may petition the juvenile court to reinstate
parental rights pursuant to the procedure prescribed by Section
388. The child may file the petition prior to the expiration of this
three-year period if the State Department of Social Services, county
adoption agency, or licensed adoption agency that is responsible
for custody and supervision of the child as described in subdivision
(j) and the child stipulate that the child is no longer likely to be
adopted. A child over 12 years of age shall sign the petition in the
absence of a showing of good cause as to why the child could not
do so. If it appears that the best interests of the child may be
promoted by reinstatement of parental rights, the court shall order
that a hearing be held and shall give prior notice, or cause prior
notice to be given, to the social worker or probation officer and to
the child’s attorney of record, or, if there is no attorney of record
for the child, to the child, and the child’s tribe, if applicable, by
means prescribed by subdivision (c) of Section 297. The court
shall order the child or the social worker or probation officer to
give prior notice of the hearing to the child’s former parent or
parents whose parental rights were terminated in the manner
prescribed by subdivision (f) of Section 294 where the
recommendation is adoption. The juvenile court shall grant the
petition if it finds by clear and convincing evidence that the child
is no longer likely to be adopted and that reinstatement of parental
rights is in the child’s best interest. If the court reinstates parental
rights over a child who is under 12 years of age and for whom the
new permanent plan will not be reunification with a parent or legal
guardian, the court shall specify the factual basis for its findings
that it is in the best interest of the child to reinstate parental rights.
This subdivision is intended to be retroactive and applies to any
child who is under the jurisdiction of the juvenile court at the time
of the hearing regardless of the date parental rights were terminated.

(j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, or declares the child
eligible for tribal customary adoption, the court shall at the same
time order the child referred to the State Department of Social
Services, county adoption agency, or licensed adoption agency for
adoptive placement by the agency. However, except in the case
of a tribal customary adoption where there is no termination of
parental rights, a petition for adoption may not be granted until
the appellate rights of the natural parents have been exhausted.
The State Department of Social Services, county adoption agency,
or licensed adoption agency shall be responsible for the custody
and supervision of the child and shall be entitled to the exclusive
care and control of the child at all times until a petition for adoption
or tribal customary adoption is granted, except as specified in
subdivision (n). With the consent of the agency, the court may
appoint a guardian of the child, who shall serve until the child is
adopted.

(k) Notwithstanding any other law, the application of any person
who, as a relative caretaker or foster parent, has cared for a
dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be
given preference with respect to that child over all other
applications for adoptive placement if the agency making the
placement determines that the child has substantial emotional ties
to the relative caretaker or foster parent and removal from the
relative caretaker or foster parent would be seriously detrimental
to the child’s emotional well-being.

As used in this subdivision, “preference” means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.

(l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:

(A) A petition for extraordinary writ review was filed in a timely
manner.

(B) The petition substantively addressed the specific issues to
be challenged and supported that challenge by an adequate record.

(C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.

(2) Failure to file a petition for extraordinary writ review within
the period specified by rule, to substantively address the specific
issues challenged, or to support that challenge by an adequate
record shall preclude subsequent review by appeal of the findings
and orders made pursuant to this section.

(3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:

(A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as
set forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.

(B) The prompt transmittal of the records from the trial court
to the appellate court.

(C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.

(D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.

(4) The intent of this subdivision is to do both of the following:

(A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing
pursuant to this section.

(B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.

(5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after January
1, 1995.

(m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.

(n) (1) Notwithstanding Section 8704 of the Family Code or
any other law, the court, at a hearing held pursuant to this section
or anytime thereafter, may designate a current caretaker as a
prospective adoptive parent if the child has lived with the caretaker
for at least six months, the caretaker currently expresses a
commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision
(i) of Section 366.21 as an appropriate person to be considered as
an adoptive parent for the child and the recommendation of the
State Department of Social Services, county adoption agency, or
licensed adoption agency.

(2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:

(A) Applying for an adoption homestudy.

(B) Cooperating with an adoption homestudy.

(C) Being designated by the court or the adoption agency as the
adoptive family.

(D) Requesting de facto parent status.

(E) Signing an adoptive placement agreement.

(F) Engaging in discussions regarding a postadoption contact
agreement.

(G) Working to overcome any impediments that have been
identified by the State Department of Social Services, county
adoption agency, or licensed adoption agency.

(H) Attending classes required of prospective adoptive parents.

(3) Prior to a change in placement and as soon as possible after
a decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be
designated as a prospective adoptive parent pursuant to paragraph
(1) on the date of service of this notice, the child’s attorney, and
the child, if the child is 10 years of age or older, of the proposal
in the manner described in Section 16010.6.

(A) Within five court days or seven calendar days, whichever
is longer, of the date of notification, the child, the child’s attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the
proposal. The court may, for good cause, extend the filing period.
A caretaker who would have met the threshold criteria to be
designated as a prospective adoptive parent pursuant to paragraph
(1) on the date of service of the notice of proposed removal of the
child may file, together with the petition under this subparagraph,
a petition for an order designating the caretaker as a prospective
adoptive parent for purposes of this subdivision.

(B) A hearing ordered pursuant to this paragraph shall be held
as soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child’s best interest, and the
child may not be removed from the home of the designated
prospective adoptive parent unless the court finds that removal is
in the child’s best interest. If the court determines that the caretaker
did not meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.

(C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1)
or subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department, county
adoption agency, or licensed adoption agency, unless the caretaker
has been declared a de facto parent by the court prior to the notice
of removal served pursuant to paragraph (3).

(D) If a petition objecting to the proposal to remove the child
is not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.

(4) Notwithstanding paragraph (3), if the State Department of
Social Services, county adoption agency, or licensed adoption
agency determines that the child must be removed from the home
of the caretaker who is or may be a designated prospective adoptive
parent immediately, due to a risk of physical or emotional harm,
the agency may remove the child from that home and is not
required to provide notice prior to the removal. However, as soon
as possible and not longer than two court days after the removal,
the agency shall notify the court, the caretaker who is or may be
a designated prospective adoptive parent, the child’s attorney, and
the child, if the child is 10 years of age or older, of the removal.
Within five court days or seven calendar days, whichever is longer,
of the date of notification of the removal, the child, the child’s
attorney, or the caretaker who is or may be a designated prospective
adoptive parent may petition for, or the court on its own motion
may set, a noticed hearing pursuant to paragraph (3). The court
may, for good cause, extend the filing period.

(5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this subdivision
shall not be appealable.

(6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding
to alleged abuse or neglect of a child pursuant to Section 11165.5
of the Penal Code.

(7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.

begin delete SEC. 51. end delete

begin insert SEC. 50. end insert   

Section 727 of the Welfare and Institutions Code is
amended to read:

727.  

(a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor or nonminor, including medical treatment, subject to further
order of the court.

(2) In the discretion of the court, a ward may be ordered to be
on probation without supervision of the probation officer. The
court, in so ordering, may impose on the ward any and all
reasonable conditions of behavior as may be appropriate under
this disposition. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any of the
offenses described in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, Section 459 of the Penal Code, or
subdivision (a) of Section 11350 of the Health and Safety Code,
shall not be eligible for probation without supervision of the
probation officer. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any offense
involving the sale or possession for sale of a controlled substance,
except misdemeanor offenses involving marijuana, as specified in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, or of an offense in violation of Section
32625 of the Penal Code, shall be eligible for probation without
supervision of the probation officer only when the court determines
that the interests of justice would best be served and states reasons
on the record for that determination.

(3) In all other cases, the court shall order the care, custody, and
control of the minor or nonminor to be under the supervision of
the probation officer.

(4) It is the responsibility pursuant to 42 U.S.C. Section
672(a)(2)(B) of the probation agency to determine the appropriate
placement for the ward once the court issues a placement order.
In determination of the appropriate placement for the ward, the
probation officer shall consider any recommendations of the child
and family. The probation agency may place the minor or nonminor
in any of the following:

(A) The approved home of a relative or the approved home of
a nonrelative, extended family member, as defined in Section
362.7. If a decision has been made to place the minor in the home
of a relative, the court may authorize the relative to give legal
consent for the minor’s medical, surgical, and dental care and
education as if the relative caregiver were the custodial parent of
the minor.

(B) A foster home, the approved home of a resource family as
defined in Section 16519.5, or a home or facility in accordance
with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.).

(C) A suitable licensed community care facility, as identified
by the probation officer, except a runaway and homeless youth
shelter licensed by the State Department of Social Services
pursuant to Section 1502.35 of the Health and Safety Code.

(D) A foster family agency, as defined in subdivision (g) of
Section 11400 and paragraph (4) of subdivision (a) of Section 1502
of the Health and Safety Code, in a suitable certified family home
or with a resource family.

(E) Commencing January 1, 2017, a minor or nonminor
dependent may be placed in a short-term residential treatment
center as defined in subdivision (ad) of Section 11400 and
paragraph (18) of subdivision (a) of Section 1502 of the Health
and Safety Code. The placing agency shall also comply with
requirements set forth in paragraph (9) of subdivision (e) of Section
361.2, which includes, but is not limited to, authorization, limitation
on length of stay, extensions, and additional requirements related
to minors. For youth 13 years of age and older, the chief probation
officer of the county probation department, or his or her designee,
shall approve the placement if it is longer than 12 months, and no
less frequently than every 12 months thereafter.

(F) (i) Every minor adjudged a ward of the juvenile court shall
be entitled to participate in age-appropriate extracurricular,
enrichment, and social activities. A state or local regulation or
policy shall not prevent, or create barriers to, participation in those
activities. Each state and local entity shall ensure that private
agencies that provide foster care services to wards have policies
consistent with this section and that those agencies promote and
protect the ability of wards to participate in age-appropriate
extracurricular, enrichment, and social activities. A group home
administrator, a facility manager, or his or her responsible designee,
and a caregiver, as defined in paragraph (1) of subdivision (a) of
Section 362.04, shall use a reasonable and prudent parent standard,
as defined in paragraph (2) of subdivision (a) of Section 362.04,
in determining whether to give permission for a minor residing in
foster care to participate in extracurricular, enrichment, and social
activities. A group home administrator, a facility manager, or his
or her responsible designee, and a caregiver shall take reasonable
steps to determine the appropriateness of the activity taking into
consideration the minor’s age, maturity, and developmental level.

(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor
at the group home in applying and using the reasonable and prudent
parent standard.

(G) For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.

(5) The minor or nonminor shall be released from juvenile
detention upon an order being entered under paragraph (3), unless
the court determines that a delay in the release from detention is
reasonable pursuant to Section 737.

(b) (1) To facilitate coordination and cooperation among
agencies, the court may, at any time after a petition has been filed,
after giving notice and an opportunity to be heard, join in the
juvenile court proceedings any agency that the court determines
has failed to meet a legal obligation to provide services to a minor,
for whom a petition has been filed under Section 601 or 602, to a
nonminor, as described in Section 303, or to a nonminor dependent,
as defined in subdivision (v) of Section 11400. In any proceeding
in which an agency is joined, the court shall not impose duties
upon the agency beyond those mandated by law. The purpose of
joinder under this section is to ensure the delivery and coordination
of legally mandated services to the minor. The joinder shall not
be maintained for any other purpose. Nothing in this section shall
prohibit agencies that have received notice of the hearing on joinder
from meeting prior to the hearing to coordinate services.

(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency
that has been joined as a party, that the minor, nonminor, or
nonminor dependent is eligible for those services. With respect to
mental health assessment, treatment, and case management services
pursuant to an individualized education program developed
pursuant to Article 2 (commencing with Section 56320) of Chapter
4 of Part 30 of Division 4 of Title 2 of the Education Code, the
court’s determination shall be limited to whether the agency has
complied with that chapter.

(3) For the purposes of this subdivision, “agency” means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.

(c) If a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602,
and the court finds that notice has been given in accordance with
Section 661, and if the court orders that a parent or guardian shall
retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may
be required to participate with that minor in a counseling or
education program, including, but not limited to, parent education
and parenting programs operated by community colleges, school
districts, or other appropriate agencies designated by the court.

(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c), including orders
to appear before a county financial evaluation officer, to ensure
the minor’s regular school attendance, and to make reasonable
efforts to obtain appropriate educational services necessary to meet
the needs of the minor.

If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.

(e) The court may, after receipt of relevant testimony and other
evidence from the parties, affirm or reject the placement
determination. If the court rejects the placement determination,
the probation department shall determine an alternative placement
for the ward.

begin delete SEC. 52. end delete

begin insert SEC. 51. end insert   

Section 727.4 of the Welfare and Institutions Code
is amended to read:

727.4.  

(a) (1) Notice of any hearing pursuant to Section 727,
727.2, or 727.3 shall be mailed by the probation officer to the
minor, the minor’s parent or guardian, any adult provider of care
to the minor including, but not limited to, foster parents, relative
caregivers, preadoptive parents, resource family, community care
facility, or foster family agency, and to the counsel of record if the
counsel of record was not present at the time that the hearing was
set by the court, by first-class mail addressed to the last known
address of the person to be notified, or shall be personally served
on those persons, not earlier than 30 days nor later than 15 days
preceding the date of the hearing. The notice shall contain a
statement regarding the nature of the status review or permanency
planning hearing and any change in the custody or status of the
minor being recommended by the probation department. The notice
shall also include a statement informing the foster parents, relative
caregivers, or preadoptive parents that he or she may attend all
hearings or may submit any information he or she deems relevant
to the court in writing. The foster parents, relative caregiver, and
preadoptive parents are entitled to notice and opportunity to be
heard but need not be made parties to the proceedings. Proof of
notice shall be filed with the court.

(2) If the court or probation officer knows or has reason to know
that the minor is or may be an Indian child, any notice sent under
this section shall comply with the requirements of Section 224.2.

(b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the
court orders that the care, begin delete custody end delete begin insert custody, end insert and control of the minor
to be under the supervision of the probation officer for placement
pursuant to subdivision (a) of Section 727, the probation officer
shall file a social study report with the court, pursuant to the
requirements listed in Section 706.5.

(c) The probation department shall inform the minor, the minor’s
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days
prior to the hearing and may be obtained from the probation officer.

(d) As used in Article 15 (commencing with Section 625) to
Article 18 (commencing with Section 725), inclusive:

(1) “Foster care” means residential care provided in any of the
settings described in Section 11402 or 11402.01.

(2) “At risk of entering foster care” means that conditions within
a minor’s family may necessitate his or her entry into foster care
unless those conditions are resolved.

(3) “Preadoptive parent” means a licensed foster parent who
has been approved for adoption by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency.

(4) “Date of entry into foster care” means the date that is 60
days after the date on which the minor was removed from his or
her home, unless one of the exceptions below applies:

(A) If the minor is detained pending foster care placement, and
remains detained for more than 60 days, then the date of entry into
foster care means the date the court adjudges the minor a ward and
orders the minor placed in foster care under the supervision of the
probation officer.

(B) If, before the minor is placed in foster care, the minor is
committed to a ranch, camp, school, or other institution pending
placement, and remains in that facility for more than 60 days, then
the “date of entry into foster care” is the date the minor is
physically placed in foster care.

(C) If at the time the wardship petition was filed, the minor was
a dependent of the juvenile court and in out-of-home placement,
then the “date of entry into foster care” is the earlier of the date
the juvenile court made a finding of abuse or neglect, or 60 days
after the date on which the child was removed from his or her
home.

(5) “Reasonable efforts” means:

(A) Efforts made to prevent or eliminate the need for removing
the minor from the minor’s home.

(B) Efforts to make it possible for the minor to return home,
including, but not limited to, case management, counseling,
parenting training, mentoring programs, vocational training,
educational services, substance abuse treatment, transportation,
and therapeutic day services.

(C) Efforts to complete whatever steps are necessary to finalize
a permanent plan for the minor.

(D) In child custody proceedings involving an Indian child,
“reasonable efforts” shall also include “active efforts” as defined
in Section 361.7.

(6) “Relative” means an adult who is related to the minor by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words “great,” “great-great,” “grand,” or the
spouse of any of these persons even if the marriage was terminated
by death or dissolution. “Relative” shall also include an “extended
family member” as defined in the Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).

(7) “Hearing” means a noticed proceeding with findings and
orders that are made on a case-by-case basis, heard by either of
the following:

(A) A judicial officer, in a courtroom, recorded by a court
reporter.

(B) An administrative panel, provided that the hearing is a status
review hearing and that the administrative panel meets the
following conditions:

(i) The administrative review shall be open to participation by
the minor and parents or legal guardians and all those persons
entitled to notice under subdivision (a).

(ii) The minor and his or her parents or legal guardians receive
proper notice as required in subdivision (a).

(iii) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services
to, the minor or the parents who are the subjects of the review.

(iv) The findings of the administrative review panel shall be
submitted to the juvenile court for the court’s approval and shall
become part of the official court record.

begin delete SEC. 53. end delete

begin insert SEC. 52. end insert   

Section 4094.2 of the Welfare and Institutions Code
is amended to read:

4094.2.  

(a) For the purpose of establishing payment rates for
community treatment facility programs, the private nonprofit
agencies selected to operate these programs shall prepare a budget
that covers the total costs of providing residential care and
supervision and mental health services for their proposed programs.
These costs shall include categories that are allowable under
California’s Foster Care program and existing programs for mental
health services. They shall not include educational, nonmental
health medical, and dental costs.

(b) Each agency operating a community treatment facility
program shall negotiate a final budget with the local mental health
department in the county in which its facility is located (the host
county) and other local agencies, as appropriate. This budget
agreement shall specify the types and level of care and services to
be provided by the community treatment facility program and a
payment rate that fully covers the costs included in the negotiated
budget. All counties that place children in a community treatment
facility program shall make payments using the budget agreement
negotiated by the community treatment facility provider and the
host county.

(c) A foster care rate shall be established for each community
treatment facility program by the State Department of Social
Services.

(1) These rates shall be established using the existing foster care
ratesetting system for group homes, or the rate for a short-term
residential treatment center as defined in subdivision (ad) of
Section 11400, with modifications designed as necessary. It is
anticipated that all community treatment facility programs will
offer the level of care and services required to receive the highest
foster care rate provided for under the current ratesetting system.

(2) Except as otherwise provided in paragraph (3), commencing
January 1, 2017, the program shall have accreditation from a
nationally recognized accrediting entity identified by the State
Department of Social Services pursuant to the process described
in paragraph (4) of subdivision (b) of Section 11462.

(3) With respect to a program that has been granted an extension
pursuant to the exception process described in subdivision (d) of
Section 11462.04, the requirement described in paragraph (2) shall
apply to that program commencing January 1, 2019.

(d) For the 2001-02 fiscal year, the 2002-03 fiscal year, the
2003-04 fiscal year, and the 2004-05 fiscal year, community
treatment facility programs shall also be paid a community
treatment facility supplemental rate of up to two thousand five
hundred dollars ($2,500) per child per month on behalf of children
eligible under the foster care program and children placed out of
home pursuant to an individualized education program developed
under Section 7572.5 of the Government Code. Subject to the
availability of funds, the supplemental rate shall be shared by the
state and the counties. Counties shall be responsible for paying a
county share of cost equal to 60 percent of the community
treatment rate for children placed by counties in community
treatment facilities and the state shall be responsible for 40 percent
of the community treatment facility supplemental rate. The
community treatment facility supplemental rate is intended to
supplement, and not to supplant, the payments for which children
placed in community treatment facilities are eligible to receive
under the foster care program and the existing programs for mental
health services.

(e) For initial ratesetting purposes for community treatment
facility funding, the cost of mental health services shall be
determined by deducting the foster care rate and the community
treatment facility supplemental rate from the total allowable cost
of the community treatment facility program. Payments to certified
providers for mental health services shall be based on eligible
services provided to children who are Medi-Cal beneficiaries, up
to the approved federal rate for these services.

(f) The State Department of Health Care Services shall provide
the community treatment facility supplemental rates to the counties
for advanced payment to the community treatment facility
providers in the same manner as the regular foster care payment
and within the same required payment time limits.

(g) In order to facilitate the study of the costs of community
treatment facilities, licensed community treatment facilities shall
provide all documents regarding facility operations, treatment, and
placements requested by the department.

(h) It is the intent of the Legislature that the State Department
of Health Care Services and the State Department of Social
Services work to maximize federal financial participation in
funding for children placed in community treatment facilities
through funds available pursuant to Titles IV-E and XIX of the
federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and
Sec. 1396 et seq.) and other appropriate federal programs.

(i) The State Department of Health Care Services and the State
Department of Social Services may adopt emergency regulations
necessary to implement joint protocols for the oversight of
community treatment facilities, to modify existing licensing
regulations governing reporting requirements and other procedural
and administrative mandates to take into account the seriousness
and frequency of behaviors that are likely to be exhibited by
seriously emotionally disturbed children placed in community
treatment facility programs, to modify the existing foster care
ratesetting regulations, and to pay the community treatment facility
supplemental rate. The adoption of these regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. The regulations shall become effective immediately upon
filing with the Secretary of State. The regulations shall not remain
in effect more than 180 days unless the adopting agency complies
with all the provisions of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
as required by subdivision (e) of Section 11346.1 of the
Government Code.

begin delete SEC. 54. end delete

begin insert SEC. 53. end insert   

Section 4096 of the Welfare and Institutions Code,
as added by Section 56 of Chapter 773 of the Statutes of 2015, is
amended to read:

4096.  

(a) (1) Interagency collaboration and children’s program
services shall be structured in a manner that will facilitate
implementation of the goals of Part 4 (commencing with Section
5850) of Division 5 to develop protocols outlining the roles and
responsibilities of placing agencies and short-term residential
treatment centers regarding nonemergency placements of foster
children in certified short-term residential treatment centers or
foster family agencies.

(2) Components shall be added to state-county performance
contracts required in Section 5650 that provide for reports from
counties on how this section is implemented.

(3) The State Department of Health Care Services shall develop
performance contract components required by paragraph (2).

(4) Performance contracts subject to this section shall document
that the procedures to be implemented in compliance with this
section have been approved by the county social services
department and the county probation department.

(b) Funds specified in subdivision (a) of Section 17601 for
services to wards of the court and dependent children of the court
shall be allocated and distributed to counties based on the number
of wards of the court and dependent children of the court in the
county.

(c) A county may utilize funds allocated pursuant to subdivision
(b) only if the county has established an operational interagency
placement committee with a membership that includes at least the
county placement agency and a licensed mental health professional
from the county department of mental health. If necessary, the
funds may be used for costs associated with establishing the
interagency placement committee.

(d) Funds allocated pursuant to subdivision (b) shall be used to
provide services to wards of the court and dependent children of
the court jointly identified by county mental health, social services,
and probation departments as the highest priority. Every effort
shall be made to match those funds with funds received pursuant
to Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of
Title 42 of the United States Code.

(e) (1) Each interagency placement committee shall establish
procedures whereby a ward of the court or dependent child of the
court, or a voluntarily placed child whose placement is funded by
the Aid to Families with Dependent Children-Foster Care Program,
who is to be placed or is currently placed in a short-term residential
treatment center program, as specified in Section 11462.01, or a
group home granted an extension pursuant to Section 11462.04,
shall be assessed to determine whether the child meets one of the
following:

(A) He or she meets the medical necessity criteria for Medi-Cal
specialty mental health services, as the criteria are described in
Section 1830.205 or 1830.210 of Title 9 of the California Code of
Regulations.

(B) He or she is assessed as seriously emotionally disturbed, as
described in subdivision (a) of Section 5600.3.

(C) His or her individual behavioral or treatment needs can only
be met by the level of care provided in a short-term residential
treatment center. If the short-term residential treatment center
serves children placed by county child welfare agencies and
children placed by probation departments, the interagency
placement committee shall also ensure the requirements of
subdivision (c) of Section 16514 have been met with respect to
commonality of need.

(2) The assessment required by paragraph (1) shall also indicate
that the child is in need of the care and services provided by a
short-term residential treatment center.

(3) Nothing in this subdivision shall prohibit an interagency
placement committee from considering an assessment that was
provided by a licensed mental health professional, as described in
subdivision (g), and that was developed consistent with procedures
established by the county pursuant to paragraph (1).

(4) The State Department of Health Care Services and the State
Department of Social Services shall identify a dispute resolution
process currently operated by each department to jointly review a
disputed interagency placement committee assessment or
determination made pursuant to this subdivision. begin insert The departments
shall report the identified dispute resolution process to the
appropriate policy and fiscal committees of the Legislature no
later than January 1, 2017, and shall track the number of disputes
reported and resolved, and provide that information to the
Legislature annually as part of the state budget process. end insert

(f) The interagency placement committee shall document the
results of the assessment required by subdivision (e) and shall
notify the appropriate provider in writing, of those results within
10 days of the completion of the assessment.

(g) If the child’s or youth’s placement is not funded by the Aid
to Families with Dependent Children-Foster Care Program, a
licensed mental health professional, or an otherwise recognized
provider of mental health services, shall certify that the child has
been assessed as meeting the medical necessity criteria for
Medi-Cal specialty mental health Early and Periodic Screening,
Diagnosis, and Treatment services, as the criteria are described in
Section 1830.210 of Title 9 of the California Code of Regulations,
or assessed as seriously emotionally disturbed, as described in
subdivision (a) of Section 5600.3. A “licensed mental health
professional” includes a physician licensed under Section 2050 of
the Business and Professions Code, a licensed psychologist within
the meaning of subdivision (a) of Section 2902 of the Business
and Professions Code, a licensed clinical social worker within the
meaning of subdivision (a) of Section 4996 of the Business and
Professions Code, a licensed marriage and family therapist within
the meaning of subdivision (b) of Section 4980 of the Business
and Professions Code, or a licensed professional clinical counselor
within the meaning of subdivision (e) of Section 4999.12.

begin delete SEC. 55. end delete

begin insert SEC. 54. end insert   

Section 4096.5 of the Welfare and Institutions Code,
as added by Section 59 of Chapter 773 of the Statutes of 2015, is
amended to read:

4096.5.  

(a) This section governs standards for the mental health
program approval for short-term residential treatment centers,
which is required under subdivision (c) of Section 1562.01 of the
Health and Safety Code.

(b) All short-term residential treatment centers that serve
children who have either been assessed as meeting the medical
necessity criteria for Medi-Cal specialty mental health services,
as provided for in Section 1830.205 or 1830.210 of Title 9 of the
California Code of Regulations, or who have been assessed as
seriously emotionally disturbed, as defined in subdivision (a) of
Section 5600.3, shall obtain and have in good standing a mental
health program approval that includes a Medi-Cal mental health
certification, as described in Section 11462.01, issued by the State
Department of Health Care Services or a county mental health
plan to which the department has delegated approval authority.
This approval is a condition for receiving an Aid to Families with
Dependent Children-Foster Care rate pursuant to Section 11462.01.

(c) A short-term residential treatment center shall not directly
provide specialty mental health services without a current mental
health program approval. A licensed short-term residential
treatment center that has not obtained a program approval shall
provide children in its care access to appropriate mental health
services.

(d) (1) The State Department of Health Care Services or a
county mental health plan to which the department has delegated
mental health program approval authority shall approve or deny
mental health program approval requests within 45 days of
receiving a request. The State Department of Health Care Services
or a county mental health plan to which the department has
delegated mental health program approval authority shall issue
each mental health program approval for a period of one year,
except for approvals granted pursuant to paragraph (2) and
provisional approvals granted pursuant to regulations promulgated
under subdivision (e), and shall specify the effective date of the
approval. Approved entities shall meet all program standards to
be reapproved.

(2) (A) Between January 1, 2017, and December 31, 2017, the
State Department of Health Care Services, or a county mental
health plan to which the department has delegated mental health
program approval authority, shall approve or deny a mental health
program approval request within 90 days of receipt.

(B) Between January 1, 2017, and December 31, 2017, the State
Department of Health Care Services, or a county mental health
plan to which the department has delegated mental health program
approval authority, may issue a mental health program approval
for a period of less than one year.

(e) (1) The State Department of Health Care Services and the
county mental health plans to which the department has delegated
mental health program approval authority may enforce the mental
health program approval standards by taking any of the following
actions against a non-compliant short-term residential treatment
center:

(A) Suspend or revoke a mental health program approval.

(B) Impose monetary penalties.

(C) Place a mental health program on probation.

(D) Require a mental health program to prepare and comply
with a corrective action plan.

(2) The State Department of Health Care Services and the county
mental health plans to which the department has delegated mental
health program approval authority shall provide short-term
residential treatment centers with due process protections when
taking any of the actions described in paragraph (1).

(f) The State Department of Health Care Services, in
consultation with the State Department of Social Services, shall
promulgate regulations regarding program standards, oversight,
enforcement, issuance of mental health program approvals,
including provisional approvals that are effective for a period of
less than one year, and due process protections related to the mental
health program approval process for short-term residential
treatment centers.

(g) (1) Except for mental health program approval of short-term
residential treatment centers operated by a county, the State
Department of Health Care Services may, upon the request of a
county, delegate to that county mental health plan the mental health
program approval of short-term residential treatment center
programs within its borders.

(2) Any county to which mental health program approval is
delegated pursuant to paragraph (1) shall be responsible for the
oversight and enforcement of program standards and the provision
of due process for approved and denied entities.

(h) The State Department of Health Care Services or a county
mental health plan to which the department has delegated mental
health program approval authority shall notify the State Department
of Social Services immediately upon the termination of any mental
health program approval issued in accordance with subdivisions
(b) and (d).

(i) The State Department of Social Services shall notify the
State Department of Health Care Services and, if applicable, a
county to which the department has delegated mental health
program approval authority, immediately upon the revocation of
any license issued pursuant to Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code.

(j) Revocation of a license or a mental health program approval
shall be a basis for rate termination.

begin delete SEC. 56. end delete

begin insert SEC. 55. end insert   

Section 11400 of the Welfare and Institutions Code
is amended to read:

11400.  

For purposes of this article, the following definitions
shall apply:

(a) “Aid to Families with Dependent Children-Foster Care
(AFDC-FC)” means the aid provided on behalf of needy children
in foster care under the terms of this division.

(b) “Case plan” means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet
the child’s needs. It shall also include the agency’s plan for
ensuring that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child’s family, and the foster parents, in
order to meet the child’s needs while in foster care, and to reunify
the child with the child’s family. In addition, the plan shall specify
the services that will be provided or steps that will be taken to
facilitate an alternate permanent plan if reunification is not possible.

(c) “Certified family home” means an individual or family
certified by a licensed foster family agency and issued a certificate
of approval by that agency as meeting licensing standards, and
used exclusively by that foster family agency for placements.

(d) “Family home” means the family residence of a licensee in
which 24-hour care and supervision are provided for children.

(e) “Small family home” means any residential facility, in the
licensee’s family residence, which provides 24-hour care for six
or fewer foster children who have mental disorders or
developmental or physical disabilities and who require special care
and supervision as a result of their disabilities.

(f) “Foster care” means the 24-hour out-of-home care provided
to children whose own families are unable or unwilling to care for
them, and who are in need of temporary or long-term substitute
parenting.

(g) “Foster family agency” means a licensed community care
facility, as defined in paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code. Private foster family agencies
shall be organized and operated on a nonprofit basis.

(h) “Group home” means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25
beds, that accepts children in need of care and supervision in a
group home, as defined by paragraph (13) of subdivision (a) of
Section 1502 of the Health and Safety Code.

(i) “Periodic review” means review of a child’s status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child’s return home
or establishment of alternative permanent placement.

(j) “Permanency planning hearing” means a hearing conducted
by the juvenile court in which the child’s future status, including
whether the child shall be returned home or another permanent
plan shall be developed, is determined.

(k) “Placement and care” refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken responsibility,
pursuant to a relinquishment or termination of parental rights on
a child, (3) taken the responsibility of supervising a child detained
by the juvenile court pursuant to Section 319 or 636, or (4) signed
a voluntary placement agreement for the child’s placement; or to
the responsibility designated to an individual by virtue of his or
her being appointed the child’s legal guardian.

(l) “Preplacement preventive services” means services that are
designed to help children remain with their families by preventing
or eliminating the need for removal.

(m) “Relative” means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words “great,” “great-great,” or “grand” or the
spouse of any of these persons even if the marriage was terminated
by death or dissolution.

(n) “Nonrelative extended family member” means an adult
caregiver who has an established familial or mentoring relationship
with the child, as described in Section 362.7.

(o) “Voluntary placement” means an out-of-home placement
of a child by (1) the county welfare department, probation
department, or Indian tribe that has entered into an agreement
pursuant to Section 10553.1, after the parents or guardians have
requested the assistance of the county welfare department and have
signed a voluntary placement agreement; or (2) the county welfare
department licensed public or private adoption agency, or the
department acting as an adoption agency, after the parents have
requested the assistance of either the county welfare department,
the licensed public or private adoption agency, or the department
acting as an adoption agency for the purpose of adoption planning,
and have signed a voluntary placement agreement.

(p) “Voluntary placement agreement” means a written agreement
between either the county welfare department, probation
department, or Indian tribe that has entered into an agreement
pursuant to Section 10553.1, licensed public or private adoption
agency, or the department acting as an adoption agency, and the
parents or guardians of a child that specifies, at a minimum, the
following:

(1) The legal status of the child.

(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.

(q) “Original placement date” means the most recent date on
which the court detained a child and ordered an agency to be
responsible for supervising the child or the date on which an agency
assumed responsibility for a child due to termination of parental
rights, relinquishment, or voluntary placement.

(r) (1) “Transitional housing placement provider” means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents,
as defined in subdivision (v). A transitional housing placement
provider shall be privately operated and organized on a nonprofit
basis.

(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.

(s) “Transitional Housing Program-Plus” means a provider
certified by the applicable county, in accordance with subdivision
(c) of Section 16522, to provide transitional housing services to
former foster youth who have exited the foster care system on or
after their 18th birthday.

(t) “Whole family foster home” means a new or existing family
home, approved relative caregiver or nonrelative extended family
member’s home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child,
and is specifically recruited and trained to assist the minor or
nonminor dependent parent in developing the skills necessary to
provide a safe, stable, and permanent home for his or her child.
The child of the minor or nonminor dependent parent need not be
the subject of a petition filed pursuant to Section 300 to qualify
for placement in a whole family foster home.

(u) “Mutual agreement” means any of the following:

(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on
and after January 1, 2012, a nonminor dependent, and the county
welfare services or probation department or tribal agency
responsible for the foster care placement, that documents the
nonminor’s continued willingness to remain in supervised
out-of-home placement under the placement and care of the
responsible county, tribe, consortium of tribes, or tribal
organization that has entered into an agreement with the state
pursuant to Section 10553.1, remain under the jurisdiction of the
juvenile court as a nonminor dependent, and report any change of
circumstances relevant to continued eligibility for foster care
payments, and that documents the nonminor’s and social worker’s
or probation officer’s agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional independent living case plan.

(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP
payments under Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), and the agency
responsible for the Kin-GAP benefits, provided that the nonminor
former dependent or ward satisfies the conditions described in
Section 11403.01, or one or more of the conditions described in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403. For purposes of this paragraph and paragraph (3),
“nonminor former dependent or ward” has the same meaning as
described in subdivision (aa).

(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC
payments under subdivision (e) or (f) of Section 11405 and the
agency responsible for the AFDC-FC benefits, provided that the
nonminor former dependent or ward described in subdivision (e)
of Section 11405 satisfies one or more of the conditions described
in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403, and the nonminor described in subdivision (f) of Section
11405 satisfies the secondary school or equivalent training or
certificate program conditions described in that subdivision.

(v) “Nonminor dependent” means, on and after January 1, 2012,
a foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is
a current dependent child or ward of the juvenile court, or who is
a nonminor under the transition jurisdiction of the juvenile court,
as described in Section 450, and who satisfies all of the following
criteria:

(1) He or she has attained 18 years of age while under an order
of foster care placement by the juvenile court, and is not more than
19 years of age on or after January 1, 2012, not more than 20 years
of age on or after January 1, 2013, or not more than 21 years of
age on or after January 1, 2014, and as described in Section
10103.5.

(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal organization
that entered into an agreement pursuant to Section 10553.1.

(3) He or she has a transitional independent living case plan
pursuant to Section 475(8) of the federal Social Security Act (42
U.S.C. Sec. 675(8)), as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403.

(w) “Supervised independent living placement” means, on and
after January 1, 2012, an independent supervised setting, as
specified in a nonminor dependent’s transitional independent living
case plan, in which the youth is living independently, pursuant to
Section 472(c)(2) of the federal Social Security Act (42 U.S.C.
Sec. 672(c)(2)).

(x) “Supervised independent living setting,” pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
672(c)(2)), includes both a supervised independent living
placement, as defined in subdivision (w), and a residential housing
unit certified by the transitional housing placement provider
operating a Transitional Housing Placement-Plus Foster Care
program, as described in paragraph (2) of subdivision (a) of Section
16522.1.

(y) “Transitional independent living case plan” means, on or
after January 1, 2012, a child’s case plan submitted for the last
review hearing held before he or she reaches 18 years of age or
the nonminor dependent’s case plan, updated every six months,
that describes the goals and objectives of how the nonminor will
make progress in the transition to living independently and assume
incremental responsibility for adult decisionmaking, the
collaborative efforts between the nonminor and the social worker,
probation officer, or Indian tribal placing entity and the supportive
services as described in the transitional independent living plan
(TILP) to ensure active and meaningful participation in one or
more of the eligibility criteria described in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, the nonminor’s
appropriate supervised placement setting, and the nonminor’s
permanent plan for transition to living independently, which
includes maintaining or obtaining permanent connections to caring
and committed adults, as set forth in paragraph (16) of subdivision
(f) of Section 16501.1.

(z) “Voluntary reentry agreement” means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor’s desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor’s desire,
willingness, and ability to immediately participate in one or more
of the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor’s agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor’s agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor’s agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant
to subdivision (e) of Section 388 within 15 judicial days of the
signing of the agreement and the placing agency’s efforts and
supportive services to assist the nonminor in the reentry process,
or (2) if the nonminor meets the definition of a nonminor former
dependent or ward, as described in subdivision (aa), the nonminor’s
agreement to return to the care and support of his or her former
juvenile court-appointed guardian and meet the eligibility criteria
for AFDC-FC pursuant to subdivision (e) of Section 11405.

(aa) “Nonminor former dependent or ward” means, on and after
January 1, 2012, either of the following:

(1) A nonminor who reached 18 years of age while subject to
an order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and
who is still under the general jurisdiction of the court.

(2) A nonminor who is over 18 years of age and, while a minor,
was a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26,
or subdivision (d), of Section 728 and the juvenile court
dependency or wardship was dismissed following the establishment
of the guardianship.

(ab) “Runaway and homeless youth shelter” means a type of
group home, as defined in paragraph (14) of subdivision (a) of
Section 1502 of the Health and Safety Code, that is not an eligible
placement option under Sections 319, 361.2, 450, and 727, and
that is not eligible for AFDC-FC funding pursuant to subdivision
(c) of Section 11402 or Section 11462.

(ac) “Transition dependent” is a minor between 17 years and
five months and 18 years of age who is subject to the court’s
transition jurisdiction under Section 450.

(ad) “Short-term residential treatment center” means a
nondetention, licensed community care facility, as defined in
paragraph (18) of subdivision (a) of Section 1502 of the Health
and Safety Code, that provides short-term, specialized, and
intensive treatment for the child or youth, when the child’s or
youth’s case plan specifies the need for, nature of, and anticipated
duration of this specialized treatment. Short-term residential
treatment centers shall be organized and operated on a nonprofit
basis.

(ae) “Resource family” means an approved caregiver, as defined
in subdivision (c) of Section 16519.5.

(af) “Core Services” mean services, made available to children,
youth, and nonminor dependents either directly or secured through
formal agreement with other agencies, which are trauma informed
and culturally relevant as specified in Sections 11462 and 11463.

begin delete SEC. 57. end delete

begin insert SEC. 56. end insert   

Section 11402 of the Welfare and Institutions Code,
as added by Section 66 of Chapter 773 of the Statutes of 2015, is
amended to read:

11402.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) Prior to January 1, 2020:

(1) The approved home of a relative, provided the child or youth
is otherwise eligible for federal financial participation in the
AFDC-FC payment.

(2) The approved home of a nonrelative extended family
member, as described in Section 362.7.

(3) The licensed family home of a nonrelative.

(b) The approved home of a resource family, as defined in
Section 16519.5.

(c) A small family home, as defined in paragraph (6) of
subdivision (a) of Section 1502 of the Health and Safety Code.

(d) A housing model certified by a licensed transitional housing
placement provider, as described in Section 1559.110 of the Health
and Safety Code, and as defined in subdivision (r) of Section
11400.

(e) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

(f) A licensed foster family agency, as defined in subdivision
(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code, for placement into a certified
or approved home used exclusively by the foster family agency.

(g) A short-term residential treatment center licensed as a
community care facility, as defined in subdivision (ad) of Section
11400 and paragraph (18) of subdivision (a) of Section 1502 of
the Health and Safety Code.

(h) An out-of-state group home that meets the requirements of
paragraph (2) of subdivision (c) of Section 11460, provided that
the placement worker, in addition to complying with all other
statutory requirements for placing a child or youth in an out-of-state
group home, documents that the requirements of Section 7911.1
of the Family Code have been met.

(i) A community treatment facility set forth in Article 5
(commencing with Section 4094) of Chapter 3 of Part 1 of Division
4.

(j) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and
Safety Code and vendored by a regional center pursuant to Section
56004 of Title 17 of the California Code of Regulations.

(k) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child
or youth who is otherwise eligible for AFDC-FC has been
dismissed due to the child or youth attaining 18 years of age.

begin delete SEC. 58. end delete

begin insert SEC. 57. end insert   

Section 11402.01 of the Welfare and Institutions
Code is repealed.

begin delete SEC. 59. end delete

begin insert SEC. 58. end insert   

Section 11402.01 is added to the Welfare and
Institutions Code, to read:

11402.01.  

(a) In addition to the placements described in
Section 11402, a child or nonminor dependent may be eligible for
AFDC-FC while placed in a group home with an extension
pursuant to the exception process described in subdivision (d) of
Section 11462.04.

(b) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin delete SEC. 60. end delete

begin insert SEC. 59. end insert   

Section 11460 of the Welfare and Institutions Code
is amended to read:

11460.  

(a) (1) Foster care providers shall be paid a per child
per month rate in return for the care and supervision of the
AFDC-FC child placed with them. The department is designated
the single organizational unit whose duty it shall be to administer
a state system for establishing rates in the AFDC-FC program.
State functions shall be performed by the department or by
delegation of the department to county welfare departments or
Indian tribes, consortia of tribes, or tribal organizations that have
entered into an agreement pursuant to Section 10553.1.

(2) (A) Foster care providers that care for a child in a
home-based setting described in paragraph (1) of subdivision (g)
of Section 11461, or in a certified home or an approved resource
family of a foster family agency, shall be paid the per child per
month rate as set forth in begin delete paragraph (4) of end delete subdivision (g) of
Section 11461.

(B) The basic rate paid to either a certified family home or an
approved resource family of a foster family agency shall be paid
by the agency to the certified family home or approved resource
family from the rate that is paid to the agency pursuant to Section
11463.

(b) “Care and supervision” includes food, clothing, shelter, daily
supervision, school supplies, a child’s personal incidentals, liability
insurance with respect to a child, reasonable travel to the child’s
home for visitation, and reasonable travel for the child to remain
in the school in which he or she is enrolled at the time of
placement. Reimbursement for the costs of educational travel, as
provided for in this subdivision, shall be made pursuant to
procedures determined by the department, in consultation with
representatives of county welfare and probation directors, and
additional stakeholders, as appropriate.

(1) For a child or youth placed in a short-term residential
treatment center or a group home, care and supervision shall also
include reasonable administration and operational activities
necessary to provide the items listed in this subdivision.

(2) For a child or youth placed in a short-term residential
treatment center or a group home, care and supervision may also
include reasonable activities performed by social workers employed
by the program provider that are not otherwise considered daily
supervision or administration activities, but are eligible for federal
financial participation under Title IV-E of the federal Social
Security Act.

(3) The department, in consultation with the California State
Foster Parent Association, and other interested stakeholders, shall
provide information to the Legislature, no later than January 1,
2017, regarding the availability and cost for liability and property
insurance covering acts committed by children in care, and shall
make recommendations for any needed program development in
this area.

(c) It is the intent of the Legislature to establish the maximum
level of financial participation in out-of-state foster care group
home program rates for placements in facilities described in
subdivision (g) of Section 11402.

(1) The department shall develop regulations that establish the
method for determining the level of financial participation in the
rate paid for out-of-state placements in facilities described in
subdivision (g) of Section 11402. The department shall consider
all of the following methods:

(A) Until December 31, 2016, a standardized system based on
the rate classification level of care and services per child per month.

(B) The rate developed for a short-term residential treatment
center pursuant to Section 11462.

(C) A system that considers the actual allowable and reasonable
costs of care and supervision incurred by the out-of-state program.

(D) A system that considers the rate established by the host
state.

(E) Any other appropriate methods as determined by the
department.

(2) Reimbursement for the Aid to Families with Dependent
Children-Foster Care rate to be paid to an out-of-state program
described in subdivision (g) of Section 11402 shall only be paid
to programs that have done all of the following:

(A) Submitted a rate application to the department, which shall
include, but not be limited to, both of the following:

(i) Commencing January 1, 2017, unless granted an extension
from the department pursuant to subdivision (d) of Section
11462.04, the equivalent of the mental health program approval
required in Section 4096.5.

(ii) Commencing January 1, 2017, unless granted an extension
from the department pursuant to subdivision (d) of Section
11462.04, the national accreditation required in paragraph (5) of
subdivision (b) of Section 11462.

(B) Maintained a level of financial participation that shall not
exceed any of the following:

(i) The current fiscal year’s standard rate for rate classification
level 14 for a group home.

(ii) Commencing January 1, 2017, the current fiscal year’s rate
for a short-term residential treatment center.

(iii) The rate determined by the ratesetting authority of the state
in which the facility is located.

(C) Agreed to comply with information requests, and program
and fiscal audits as determined necessary by the department.

(3) Except as specifically provided for in statute, reimbursement
for an AFDC-FC rate shall only be paid to a group home or
short-term residential treatment center organized and operated on
a nonprofit basis.

(d) A foster care provider that accepts payments, following the
effective date of this section, based on a rate established under this
section, shall not receive rate increases or retroactive payments as
the result of litigation challenging rates established prior to the
effective date of this section. This shall apply regardless of whether
a provider is a party to the litigation or a member of a class covered
by the litigation.

(e) Nothing shall preclude a county from using a portion of its
county funds to increase rates paid to family homes, foster family
agencies, group homes, and short-term residential treatment centers
within that county, and to make payments for specialized care
increments, clothing allowances, or infant supplements to homes
within that county, solely at that county’s expense.

(f) Nothing shall preclude a county from providing a
supplemental rate to serve commercially sexually exploited foster
children to provide for the additional care and supervision needs
of these children. To the extent that federal financial participation
is available, it is the intent of the Legislature that the federal
funding shall be utilized.

begin delete SEC. 61. end delete

begin insert SEC. 60. end insert   

Section 11461 of the Welfare and Institutions Code
is amended to read:

11461.  

(a) For children or, on and after January 1, 2012,
nonminor dependents placed in a licensed or approved family
home with a capacity of six or less, or in an approved home of a
relative or nonrelated legal guardian, or the approved home of a
nonrelative extended family member as described in Section 362.7,
or, on and after January 1, 2012, a supervised independent living
placement, as defined in subdivision (w) of Section 11400, the per
child per month basic rates in the following schedule shall be in
effect for the period July 1, 1989, through December 31, 1989:

 

Age	Basic rate
0-4	$  294
5-8	begin delete 319 end delete begin insert $ end insert begin insert   end insert begin insert   end insert begin insert 319 end insert
9-11	begin delete 340 end delete begin insert $ end insert begin insert   end insert begin insert   end insert begin insert 340 end insert
12-14	begin delete 378 end delete begin insert $ end insert begin insert   end insert begin insert   end insert begin insert 378 end insert
15-20	begin delete 412 end delete begin insert $ end insert begin insert   end insert begin insert   end insert begin insert 412 end insert

 

(b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in subdivision
(a), shall continue to receive state participation, as specified in
subdivision (c) of Section 15200, at these levels.

(2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.

(c) The amounts in the schedule of basic rates in subdivision
(a) shall be adjusted as follows:

(1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.

(2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:

(A) Increase the basic rate in effect December 31, 1989, for
which state participation is received by 12 percent.

(B) Increase the basic rate, as adjusted pursuant to subparagraph
(A), by an additional 5 percent.

(3) (A) Except as provided in subparagraph (B), effective July
1, 1990, for the 1990-91 fiscal year, the amounts in the schedule
of basic rates in subdivision (a) shall be increased by an additional
5 percent.

(B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).

(4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other law, the 6-percent increase provided
for in this paragraph shall, retroactive to July 1, 1998, apply to
every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every age
group.

(5) Notwithstanding any other law, any increase that takes effect
after July 1, 1998, shall apply to every county, including any county
to which paragraph (2) of subdivision (b) applies, and shall apply
to foster care for every age group.

(6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelative
extended family member, as described in Section 362.7, a
supervised independent living placement, as defined in subdivision
(w) of Section 11400, or a nonrelated legal guardian receiving the
basic rate. The increased rate shall not be used to compute the
monthly amount that may be paid to licensed foster family agencies
for the placement of children in certified foster homes.

(d) (1) (A) Beginning with the 1991-92 fiscal year, the
schedule of basic rates in subdivision (a) shall be adjusted by the
percentage changes in the California Necessities Index, computed
pursuant to the methodology described in Section 11453, subject
to the availability of funds.

(B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.

(C) Effective January 1, 2008, the schedule of basic rates in
subdivision (a), as adjusted pursuant to subparagraph (B), shall be
increased by 5 percent, rounded to the nearest dollar. The increased
rate shall not be used to compute the monthly amount that may be
paid to licensed foster family agencies for the placement of children
in certified foster family homes, and shall not be used to recompute
the foster care maintenance payment that would have been paid
based on the age-related, state-approved foster family home care
rate and any applicable specialized care increment, for any adoption
assistance agreement entered into prior to October 1, 1992, or in
any subsequent reassessment for adoption assistance agreements
executed before January 1, 2008.

(2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set forth
in the schedule of basic rates in subdivision (a) shall receive an
increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county’s adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.

(B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year and the 2007-08 fiscal year shall receive
an increase in state participation for the basic rate of the entire
percentage adjustment described in paragraph (1).

(3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate shall
be further increased to the amount specified in the adjusted
schedule of basic rates.

(e) (1) As used in this section, “specialized care increment”
means an amount paid on behalf of a child requiring specialized
care to a home listed in subdivision (g) in addition to the basic
rate. Notwithstanding subdivision (g), the specialized care
increment shall not be paid to a nonminor dependent placed in a
supervised independent living setting as defined in subdivision
(w) of Section 11403. A county may have a ratesetting system for
specialized care to pay for the additional care and supervision
needed to address the behavioral, emotional, and physical
requirements of foster children. A county may modify its
specialized care rate system as needed, to accommodate changing
specialized placement needs of children.

(2) (A) The department shall have the authority to review the
county’s specialized care information, including the criteria and
methodology used for compliance with state and federal law, and
to require counties to make changes if necessary to conform to
state and federal law.

(B) The department shall make available to the public each
county’s specialized care information, including the criteria and
methodology used to determine the specialized care increments.

(3) Upon a request by a county for technical assistance,
specialized care information shall be provided by the department
within 90 days of the request to the department.

(4) (A) Except for subparagraph (B), beginning January 1,
1990, specialized care increments shall be adjusted in accordance
with the methodology for the schedule of basic rates described in
subdivisions (c) and (d).

(B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide
incentives and assistance to counties in the area of specialized
care. This appropriation shall be used, but not limited to,
encouraging counties to implement or expand specialized care
payment systems, to recruit and train foster parents for the
placement of children with specialized care needs, and to develop
county systems to encourage the placement of children in family
homes. It is the intent of the Legislature that in the use of these
funds, federal financial participation shall be claimed whenever
possible.

(C) (i) Notwithstanding subparagraph (A), the specialized care
increment shall not receive a cost-of-living adjustment in the
2011-12 or 2012-13 fiscal years.

(ii) Notwithstanding clause (i), a county may choose to apply
a cost-of-living adjustment to its specialized care increment during
the 2011-12 or 2012-13 fiscal years. To the extent that a county
chooses to apply a cost-of-living adjustment during that time, the
state shall not participate in the costs of that adjustment.

(iii) To the extent that federal financial participation is available
for a cost-of-living adjustment made by a county pursuant to clause
(ii), it is the intent of the Legislature that the federal funding shall
be utilized.

(5) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this subdivision shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(f) (1) As used in this section, “clothing allowance” means the
amount paid by a county, at the county’s option, in addition to the
basic rate for the provision of additional clothing for a child,
including, but not limited to, an initial supply of clothing and
school or other uniforms. The frequency and level of funding shall
be based on the needs of the child, as determined by the county.

(2) The state shall no longer participate in any clothing
allowance in addition to the basic rate, commencing with the
2011-12 fiscal year.

(g) (1) Notwithstanding subdivisions (a) to (d), inclusive, for
a child, or on and after January 1, 2012, a nonminor dependent,
placed in a licensed foster family home or with a resource family,
or placed in an approved home of a relative or the approved home
of a nonrelative extended family member as described in Section
362.7, or placed on and after January 1, 2012, in a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, the per child per month basic rate in the following
schedule shall be in effect for the period commencing July 1, 2011,
or the date specified in the final order, for which the time to appeal
has passed, issued by a court of competent jurisdiction in California
State Foster Parent Association v. William Lightbourne, et al. (U.S.
Dist. Ct. C 07-08056 WHA), whichever is earlier, through June
30, 2012:

 

Age	Basic rate
0-4	$  609
5-8	$  660
9-11	$  695
12-14	$  727
15-20	$  761

 

(2) Commencing July 1, 2011, the basic rate set forth in this
subdivision shall be annually adjusted on July 1 by the annual
percentage change in the California Necessities Index applicable
to the calendar year within which each July 1 occurs.

(3) Subdivisions (e) and (f) shall apply to payments made
pursuant to this subdivision.

(4) (A) (i)  begin delete The end delete begin insert For the 2016- end insert begin insert 17 fiscal year, the end insert department
shall develop a basic rate in coordination with the development of
the foster family agency rate authorized in Section 11463 that
ensures a child placed in a home-based setting described in
paragraph (1), and a child placed in a certified family home or
with a resource family approved by a foster family agency, is
eligible for the same basic rate set forth in this paragraph.

begin insert

(ii) The rates developed pursuant to this paragraph shall not
be lower than the rates proposed as part of the Governor’s 2016
May Revision.

end insert begin delete

(ii)

end delete

begin insert (iii) end insert  A certified family home of a foster family agency shall be
paid the basic rate set forth in this paragraph only through
December 31, begin delete 2019. end delete begin insert 2017. end insert

(B) The basic rate paid to either a certified family home or a
resource family approved by a foster family agency shall be paid
by the agency to the certified family home or approved resource
family from the rate that is paid to the agency pursuant to Section
11463.

begin delete

(C) The basic rate shall be adjusted annually on July 1 by the
annual percentage change in the California Necessities Index
applicable to the calendar year within which each July 1 occurs.
Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code), the
annually adjusted basic rates shall be published annually by
all-county letter.

end delete begin delete

(D)

end delete

begin insert ( end insert begin insert C) end insert  Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the basic rates and the manner in which they are determined
shall be set forth in written directives until regulations are adopted.

begin delete

(E)

end delete

begin insert ( end insert begin insert D) end insert  The basic rates set forth in written directives or regulations
pursuant to subparagraph begin delete (D) end delete begin insert (C) end insert shall become inoperative on
January 1, 2018, unless a later enacted statute, that becomes
operative on or before January 1, 2018, deletes or extends the dates
on which they become inoperative.

(h) Beginning in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.

begin delete SEC. 62. end delete

begin insert SEC. 61. end insert   

Section 11462 of the Welfare and Institutions Code,
as added by Section 72 of Chapter 773 of the Statutes of 2015, is
amended to read:

11462.  

(a) The department shall commence development of
a new payment structure for short-term residential treatment center
program placements claiming Title IV-E funding, in consultation
with county placing agencies and providers.

(b) The department shall develop a rate system that includes
consideration of all of the following factors:

(1) Core services, made available to children and nonminor
dependents either directly or secured through formal agreements
with other agencies, which are trauma informed and culturally
relevant and include:

(A) Specialty mental health services for children who meet
medical necessity criteria for specialty mental health services under
the Medi-Cal Early and Periodic Screening, Diagnosis, and
Treatment program.

(B) Transition support services for children, youth, and families
upon initial entry and placement changes and for families who
assume permanency through reunification, adoption, or
guardianship.

(C) Educational and physical, behavioral, and mental health
supports, including extracurricular activities and social supports.

(D) Activities designed to support transition-age youth and
nonminor dependents in achieving a successful adulthood.

(E) Services to achieve permanency, including supporting efforts
to reunify or achieve adoption or guardianship and efforts to
maintain or establish relationships with parents, siblings, extended
family members, tribes, or others important to the child or youth,
as appropriate.

(F) When serving Indian children, as defined in subdivisions
(a) and (b) of Section 224.1, the core services described in
subparagraphs (A) to (E), inclusive, which shall be provided to
eligible children consistent with active efforts pursuant to Section
361.7.

(G) (i) Facilitating the identification and, as needed, the
approval of resource families pursuant to Section 16519.5, for the
purpose of transitioning children and youth to family-based care.

(ii) If a short-term residential treatment center elects to approve
and monitor resource families directly, the center shall comply
with all laws applicable to foster family agencies, including, but
not limited to, those set forth in the Community Care Facilities
Act (Chapter 3 (commencing with Section 1500) of Division 2 of
the Health and Safety Code).

(iii) For short-term residential treatment centers that elect to
approve and monitor resource families directly, the department
shall have all the same duties and responsibilities as those centers
have for licensed foster family agencies, as set forth in applicable
law, including, but not limited to, those set forth in the Community
Care Facilities Act (Chapter 3 (commencing with Section 1500)
of Division 2 of the Health and Safety Code).

(2) The core services specified in subparagraphs (A) to (G),
inclusive, of paragraph (1) are not intended to duplicate services
already available to foster children in the community, but to support
access to those services and supports to the extent they are already
available. Those services and supports may include, but are not
limited to, foster youth services available through county offices
of education, Indian Health Services, or school-based
extracurricular activities.

(3) Specialized and intensive treatment supports that encompass
the elements of nonmedical care and supervision necessary to meet
a child’s or youth’s safety and other needs that cannot be met in
a family-based setting.

(4) Staff training.

(5) Health and Safety Code requirements.

(6) Accreditation that includes:

(A) Provision for all licensed short-term residential treatment
centers to obtain and maintain in good standing accreditation from
a nationally recognized accreditation agency, as identified by the
department, with expertise in programs for children or youth group
care facilities, as determined by the department.

(B) Promulgation by the department of information identifying
that agency or agencies from which accreditation shall be required.

(C) Provision for timely reporting to the department of any
change in accreditation status.

(7) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.

(8) Maximization of federal financial participation under Title
IV-E and Title XIX of the Social Security Act.

(c) The department shall establish rates pursuant to subdivisions
(a) and (b) commencing January 1, 2017. The rate structure shall
include an interim rate, a provisional rate for new short-term
residential treatment centers, and a probationary rate. The
department may supplement the rate with a one-time
reimbursement for accreditation fees in an amount and manner
determined by the department in written directives.

(1)  begin delete Interim end delete begin insert (A) end insert begin insert   end insert begin insert Initial interim end insert rates developed pursuant to this
section shall be effective January 1, begin delete 2017. The interim rates shall
be evaluated and an ongoing payment structure shall be set no later
than January 1, 2020. end delete begin insert 2017, through December 31, 2017. end insert

begin insert

(B) The initial interim rates developed pursuant to this
paragraph shall not be lower than the rates proposed as part of
the Governor’s 2016 May Revision.

end insert begin insert

(C) The initial interim rates set forth in written directives or
regulations pursuant to paragraph (3) shall become inoperative
on January 1, 2018, unless a later enacted statute, that becomes
operative on or before January 1, 2018, deletes or extends the
dates on which they become inoperative.

end insert begin insert

(D) It is the intent of the Legislature to establish an ongoing
payment structure no later than January 1, 2020.

end insert

(2) Consistent with Section 11466.01, for provisional and
probationary rates, the following shall be established:

(A) Terms and conditions, including the duration of the rate.

(B) An administrative review process for rate determinations,
including denials, reductions, and terminations.

(C) An administrative review process that includes a
departmental review, corrective action, and a protest with the
department. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), this process shall be disseminated by written directive
pending the promulgation of regulations.

begin insert

(3) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the initial interim rates, provisional rates, and probationary
rates and the manner in which they are determined shall be set
forth in written directives until regulations are adopted.

end insert

(d) The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal,
and health and safety audits and reviews. The state agencies shall
attempt to minimize duplicative audits and reviews to reduce the
administrative burden on providers.

begin delete SEC. 63. end delete

begin insert SEC. 62. end insert   

Section 11462.01 of the Welfare and Institutions
Code, as added by Section 75 of Chapter 773 of the Statutes of
2015, is amended to read:

11462.01.  

(a) (1) No later than 12 months following the date
of initial licensure, a short-term residential treatment center, as
defined in subdivision (ad) of Section 11400 of this code and
paragraph (18) of subdivision (a) of Section 1502 of the Health
and Safety Code, shall obtain a begin delete contract end delete begin insert contract, subject to an
agreement on rates and terms and conditions, end insert with a county mental
health plan to provide specialty mental health services and
demonstrate the ability to meet the therapeutic needs of each child,
as identified in any of the following:

(A) A mental health assessment.

(B) The child’s case plan.

(C) The child’s needs and services plan.

(D) Other documentation demonstrating the child has a mental
health need.

(2) A short-term residential treatment center shall comply with
any other mental health program approvals required by the State
Department of Health Care Services or by a county mental health
plan to which mental health program approval authority has been
delegated.

(b) A short-term residential treatment center may accept for
placement a child who meets the following criteria:

(1) The child does not require inpatient care in a licensed health
facility.

(2) The child has been assessed as requiring the level of services
provided in a short-term residential treatment center in order to
maintain the safety and well-being of the child or others due to
behaviors, including those resulting from traumas, that render the
child or those around the child unsafe or at risk of harm, or that
prevent the effective delivery of needed services and supports
provided in the child’s own home or in other family settings, such
as with a relative, guardian, foster family, resource family, or
adoptive family. The assessment shall ensure the child has needs
in common with other children or youth in the care of the facility,
consistent with subdivision (c) of Section 16514.

(3) The child meets at least one of the following conditions:

(A) The child has been assessed, pursuant to Section 4096, as
meeting the medical necessity criteria for Medi-Cal specialty
mental health services, as provided for in Section 1830.205 or
1830.210 of Title 9 of the California Code of Regulations.

(B) The child has been assessed, pursuant to Section 4096, as
seriously emotionally disturbed, as defined in subdivision (a) of
Section 5600.3.

(C) The child requires emergency placement pursuant to
paragraph (3) of subdivision (h).

(D) The child has been assessed, pursuant to Section 4096, as
requiring the level of services provided by the short-term residential
treatment center in order to meet his or her behavioral or
therapeutic needs.

(4) Subject to the requirements of this subdivision, a short-term
residential treatment center may have a specialized program to
serve a child, including, but not limited to, the following:

(A) A commercially sexually exploited child.

(B) A private voluntary placement, if the youth exhibits status
offender behavior, the parents or other relatives feel they cannot
control the child’s behavior, and short-term intervention is needed
to transition the child back into the home.

(C) A juvenile sex offender.

(D) A child who is affiliated with, or impacted by, a gang.

(c) A foster family agency that is certified as a Medi-Cal
specialty mental health provider pursuant to Section 1810.435 of
Title 9 of the California Code of Regulations by the State
Department of Health Care Services, or by a county mental health
plan to which the department has delegated certification authority,
and which has entered into a contract with a county mental health
plan pursuant to Section 1810.436 of Title 9 of the California Code
of Regulations, shall provide, or provide access to, specialty mental
health services to children under its care who do not require
inpatient care in a licensed health facility and who meet the medical
necessity criteria for Medi-Cal specialty mental health services
provided for in Sections 1830.205 and 1830.210 of Title 9 of the
California Code of Regulations.

(d) A foster family agency that is not certified as a Medi-Cal
specialty mental health provider shall provide access to specialty
and non-specialty mental health services in that program for
children who do not require inpatient care in a licensed health
facility and who meet begin delete either end delete begin insert any end insert of the conditions in paragraph (3)
of subdivision (b). In this situation the foster family agency shall
do the following:

(1) In the case of a child who is a Medi-Cal beneficiary, arrange
for specialty mental health services from the county mental health
plan.

(2) In all other cases, arrange for the child to receive mental
health services.

(e) All short-term residential treatment centers shall maintain
the level of care and services necessary to meet the needs of the
children and youth in their care and shall maintain and have in
good standing the appropriate mental health program approval that
includes a certification to provide Medi-Cal specialty mental health
services issued by the State Department of Health Care Services
or a county mental health plan to which the department has
delegated mental health program approval authority, pursuant to
Section 4096.5 of this code or Section 1810.435 or 1810.436 of
Title 9 of the California Code of Regulations. All foster family
agencies that are certified as a Medi-Cal specialty mental health
provider pursuant to Section 1810.435 of Title 9 of the California
Code of Regulations shall maintain the level of care and services
necessary to meet the needs of children and youth in their care and
shall maintain and have in good standing the Medi-Cal specialty
mental health provider certification issued by the State Department
of Health Care Services or a county mental health plan to which
the department has delegated certification authority.

(f) The assessments described in subparagraphs (A), (B), (C),
and (D) of paragraph (3) of subdivision (b) shall ensure the child’s
individual behavioral or treatment needs are consistent with, and
can be met by, the facility and shall be made by one of the
following, as applicable:

(1) An interagency placement committee, as described in Section
4096, considering the recommendations from the child and family
team, if any are available. If the short-term residential treatment
center serves children who are placed by county child welfare
agencies and children who are placed by probation departments,
the interagency placement committee shall also ensure the
requirements of subdivision (c) of Section 16514 have been met
with respect to commonality of need.

(2) A licensed mental health professional as defined in
subdivision (g) of Section 4096.

(3) For the purposes of this section, an AFDC-FC funded child
with an individualized education program developed pursuant to
Article 2 (commencing with Section 56320) of Chapter 4 of Part
30 of Division 4 of Title 2 of the Education Code that assesses the
child as seriously emotionally disturbed, as defined in, and subject
to, this section and recommends out-of-home placement at the
level of care provided by the provider, shall be deemed to have
met the assessment requirement.

(g) The evaluation described in subparagraph (A) of paragraph
(3) of subdivision (h) shall be made pursuant to subdivision (b) of
Section 706.6 or paragraph (2) of subdivision (c) of Section
16501.1.

(h) (1) The provider shall ensure that AFDC-FC funded
children, assessed pursuant to subparagraphs (A) and (B) of
paragraph (3) of subdivision (b), who are accepted for placement
have been approved for placement by an interagency placement
committee, as described in Section 4096, except as provided for
in paragraphs (3) and (4) of subdivision (f).

(2) The approval shall be in writing and shall indicate that the
interagency placement committee has determined one of the
following:

(A) The child meets the medical necessity criteria for Medi-Cal
specialty mental health services, as provided for in Section
1830.205 or 1830.210 of Title 9 of the California Code of
Regulations.

(B) The child is seriously emotionally disturbed, as described
in subdivision (a) of Section 5600.3.

(3) (A) Nothing in subdivisions (a) to (h), inclusive, or this
subdivision shall prevent an emergency placement of a child or
youth into a certified short-term residential treatment center
program prior to the determination by the interagency placement
committee, but only if a licensed mental health professional, as
defined in subdivision (g) of Section 4096, has made a written
determination within 72 hours of the child’s or youth’s placement,
that the child or youth requires the level of services and supervision
provided by the short-term residential treatment center in order to
meet his or her behavioral or therapeutic needs. If the short-term
residential treatment center serves children placed by county child
welfare agencies and children placed by probation departments,
the interagency placement committee shall also ensure the
requirements of subdivision (c) of Section 16514 have been met
with respect to commonality of need.

(i) The interagency placement committee, as appropriate, shall,
within 30 days of placement, make the determinations, with
recommendations from the child and family team, required by this
subdivision.

(ii) If it determines the placement is appropriate, the interagency
placement committee, with recommendations from the child and
family team, shall transmit the approval, in writing, to the county
placing agency and the short-term residential treatment center.

(iii) If it determines the placement is not appropriate, the
interagency placement committee shall respond pursuant to
subparagraph (B).

(B) (i) If the interagency placement committee determines at
any time that the placement is not appropriate, it shall, with
recommendations from the child and family team, transmit the
disapproval, in writing, to the county placing agency and the
short-term residential treatment center and shall include a
recommendation as to the child’s appropriate level of care and
placement to meet his or her service needs. The necessary
interagency placement committee representative or representatives
shall participate in any child and family team meetings to refer the
child or youth to an appropriate placement, as specified in this
section.

(ii) The child may remain in the placement for the amount of
time necessary to identify and transition the child to an alternative,
suitable placement.

(iii) Notwithstanding clause (ii), if the interagency placement
committee determined the placement was not appropriate due to
a health and safety concern, immediate arrangements for the child
to transition to an appropriate placement shall occur.

(i) Commencing January 1, 2017, for AFDC-FC funded children
or youth, only those children or youth who are approved for
placement, as set forth in this section, may be accepted by a
short-term residential treatment center.

(j) The department shall, through regulation, establish
consequences for the failure of a short-term residential treatment
center to obtain written approval for placement of an AFDC-FC
funded child or youth pursuant to this section.

(k) The department shall not establish a rate for a short-term
residential treatment center unless the provider submits a
recommendation from the host county or the primary placing
county that the program is needed and that the provider is willing
and capable of operating the program at the level sought. For
purposes of this subdivision, “host county,” and “primary placing
county,” mean the same as defined in the department’s AFDC-FC
ratesetting regulations.

(l) Any certified short-term residential treatment center shall be
reclassified and paid at the appropriate program rate for which it
is qualified if either of the following occurs:

(1) (A) It fails to maintain the level of care and services
necessary to meet the needs of the children and youth in care, as
required by subdivision (a). The determination shall be made
consistent with the department’s AFDC-FC ratesetting regulations
developed pursuant to Section 11462 and shall take into
consideration the highest level of care and associated rates for
which the program may be eligible if granted an extension pursuant
to Section 11462.04 or any reduction in rate associated with a
provisional or probationary rate granted or imposed under
11466.01.

(B) In the event of a determination under this paragraph, the
short-term residential treatment center may appeal the finding or
submit a corrective action plan. The appeal process specified in
Section 11466.6 shall be available to a short-term residential
treatment center that provides intensive and therapeutic treatment.
During any appeal, the short-term residential treatment center that
provides intensive and therapeutic treatment shall maintain the
appropriate level of care.

(2) It fails to maintain a certified mental health treatment
program as required by subdivision (e).

(m) In addition to any other review required by law, the child
and family team as defined in paragraph (4) of subdivision (a) of
Section 16501 may periodically review the placement of the child
or youth. If the child and family team make a recommendation
that the child or youth no longer needs, or is not benefiting from,
placement in a short-term residential treatment center or one of its
programs, the team shall transmit the disapproval, in writing, to
the county placing agency to consider a more appropriate
placement.

(n) The department shall develop a process to address
placements when, subsequent to the child’s or youth’s placement,
a determination is made by the interagency placement team and
shall consider the recommendations of the child and family team,
either that the child or youth is not in need of the care and services
provided by the certified program. The process shall include, but
not be limited to:

(1) Notice of the determination in writing to both the county
placing agency and the short-term residential treatment center or
foster family agency that provides intensive and therapeutic
treatment.

(2) Notice of the county’s plan, and a time frame, for removal
of the child or youth in writing to the short-term residential
treatment center that provides intensive and therapeutic treatment.

(3) Referral to an appropriate placement.

(4) Actions to be taken if a child or youth is not timely removed
from the short-term residential treatment center that provides
intensive and therapeutic treatment or placed in an appropriate
placement.

(o) (1) Nothing in this section shall prohibit a short-term
residential treatment center from accepting private placements of
children or youth.

(2) When a referral is not from a public agency and no public
funding is involved, there is no requirement for public agency
review or determination of need.

(3) Children and youth subject to paragraphs (1) and (2) shall
have been determined to be seriously emotionally disturbed, as
described in subdivision (a) of Section 5600.3, and subject to
Section 1502.4 of the Health and Safety Code, by a licensed mental
health professional, as defined in subdivision (g) of Section 4096.

begin delete SEC. 64. end delete

begin insert SEC. 63. end insert   

Section 11462.04 of the Welfare and Institutions
Code, as added by Section 82 of Chapter 773 of the Statutes of
2015, is amended to read:

11462.04.  

(a) Notwithstanding any other law, commencing
January 1, 2017, no new group home rate or change to an existing
rate shall be established pursuant to the Rate Classification Level
(RCL) system.

(b) Notwithstanding subdivision (a), the department may grant
an exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county
placing agency, including a county welfare or probation director,
that absent the granting of that exception, there is a material risk
to the welfare of children due to an inadequate supply of
appropriate alternative placement options to meet the needs of
children.

(c) For group homes being paid under the RCL system, and
those granted an exception pursuant to paragraph (b), group home
rates shall terminate on December 31, 2016, unless granted an
extension under the exception process in subdivision (d).

(d) A group home may request an exception to extend its rate
as follows:

(1) The department may grant an extension for up to two years,
through December 31, 2018, except as provided in paragraph (2),
on a case-by-case basis, when a written request and supporting
documentation are provided by a county placing agency, including
a county welfare or probation director, that absent the granting of
that exception, there is a material risk to the welfare of children
due to an inadequate supply of appropriate alternative placement
options to meet the needs of children. The exception may include
time to meet the program accreditation requirement or the mental
health certification requirement.

(2) Pursuant to Section 11462.041, after the expiration of the
extension afforded in paragraph (1), the department may grant an
additional extension to a group home beyond December 31, 2018,
upon a provider submitting a written request and the county
probation department providing documentation stating that absent
the grant of that extension, there is a significant risk to the safety
of the youth or the public, due to an inadequate supply of
short-term residential treatment centers or resource families
necessary to meet the needs of probation youth. The extension
granted to any provider through this section may be reviewed
annually by the department if concerns arise regarding that
provider’s facility. Pursuant to subdivision (e) of Section
11462.041, the final report submitted to the Legislature shall
address whether or not the extensions are still necessary.

(3) The exception shall allow the provider to continue to receive
the rate under the prior ratesetting system.

(4) A provider granted an extension pursuant to this section
shall continue to operate and be governed by the applicable laws
and regulations that were operative on December 31, 2018.

(5) If the exception request granted pursuant to this subdivision
is not made by the host county, the placing county shall notify and
provide a copy to the host county.

(e) (1) The extended rate granted pursuant to either paragraph
(1) or (2) of subdivision (d) shall be provisional and subject to
terms and conditions set by the department during the provisional
period.

(2) Consistent with Section 11466.01, for provisional rates, the
following shall be established:

(A) Terms and conditions, including the duration of the
provisional rate.

(B) An administrative review process for provisional rate
determinations, including denials, reductions, and terminations.

(C) An administrative review process that includes a
departmental review, corrective action, and a protest with the
department. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), this process shall be disseminated by written directive
pending the promulgation of regulations.

(f) Upon termination of an existing group home rate under the
RCL system, a new rate shall not be paid until an application is
approved and a rate is granted by the department pursuant to
Section 11462 as a short-term residential treatment center or,
effective January 1, 2017, the rate set pursuant to Section 11463
as a foster family agency.

(g) The department shall, in the development of the new rate
structures, consider and provide for placement of all children who
are displaced as a result of reclassification of treatment facilities.

begin delete SEC. 65. end delete

begin insert SEC. 64. end insert   

Section 11462.06 of the Welfare and Institutions
Code is amended to read:

11462.06.  

(a) For purposes of the administration of this article,
including the setting of group home rates, the department shall
deem the reasonable costs of leases for shelter care for foster
children to be allowable costs. Reimbursement of shelter costs
shall not exceed 12 percent of the fair market value of owned,
leased, or rented buildings, including any structures, improvements,
edifices, land, grounds, and other similar property that is owned,
leased, or rented by the group home and that is used for group
home programs and activities, exclusive of idle capacity and
capacity used for nongroup home programs and activities. Shelter
costs shall be considered reasonable in relation to the fair market
value limit as described in subdivision (b).

(b) For purposes of this section, fair market value of leased
property shall be determined by either of the following methods,
as chosen by the provider:

(1) The market value shown on the last tax bill for the cost
reporting period.

(2) The market value determined by an independent appraisal.
The appraisal shall be performed by a qualified, professional
appraiser who, at a minimum, meets standards for appraisers as
specified in Chapter 6.5 (commencing with Section 3500) of Title
10 of the California Code of Regulations. The appraisal shall not
be deemed independent if performed under a less-than-arms-length
agreement, or if performed by a person or persons employed by,
or under contract with, the group home for purposes other than
performing appraisals, or by a person having a material interest in
any group home which receives foster care payments. If the
department believes an appraisal does not meet these standards,
the department shall give its reasons in writing to the provider and
provide an opportunity for appeal.

(c) (1) The department may adopt emergency regulations in
order to implement this section, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

(2) The adoption of emergency regulations pursuant to this
section shall be deemed to be an emergency and considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.

(3) Emergency regulations adopted pursuant to this section shall
be exempt from the review and approval of the Office of
Administrative Law.

(4) The emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with
the Secretary of State and publication in the California Code of
Regulations.

(d) (1) Commencing July 1, 2003, any group home provider
with a self-dealing lease transaction for shelter costs, as defined
in Section 5233 of the Corporations Code, shall not be eligible for
an AFDC-FC rate.

(2) Notwithstanding paragraph (1), providers that received an
approval letter for a self-dealing lease transaction for shelter costs
during the 2002-03 fiscal year from the Charitable Trust Section
of the Department of Justice shall be eligible to continue to receive
an AFDC-FC rate until the date that the lease expires, or is
modified, extended, or terminated, whichever occurs first. These
providers shall be ineligible to receive an AFDC-FC rate after that
date if they have entered into any self-dealing lease transactions
for group home shelter costs.

(e) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin delete SEC. 66. end delete

begin insert SEC. 65. end insert   

Section 11462.06 is added to the Welfare and
Institutions Code, to read:

11462.06.  

(a) For purposes of the administration of this article,
including setting AFDC-FC provider rates, the department shall
deem the reasonable costs of leases for shelter care for foster
children to be allowable costs.

(b) Rental costs of real property, allowable as either shelter care
or as necessary administration of the foster care maintenance
payment, are allowable to the extent that the rates are reasonable
in light of such factors as rental costs of comparable property, if
any; market conditions in the area; alternatives available; and the
type, life expectancy, condition, and value of the leased property,
including any structures, improvements, edifices, land, grounds,
and other similar property that is used for the facility’s residential
foster care programs and activities, exclusive of idle capacity and
capacity used for nonresidential foster care programs and activities.

(1) Rental costs shall be considered reasonable in relation to
the fair market rental value limit, subject to the requirements in
Section 200.465 of Title 2 of the Code of Federal Regulations, as
implemented by the United States Department of Health and
Human Services at Section 75.465 of Title 45 of the Code of
Federal Regulations.

(2) Rental arrangements should be reviewed periodically to
determine if circumstances have changed and other options are
available.

(c) The appraisal shall be performed by an independent,
qualified, professional appraiser who, at a minimum, meets
standards for appraisers as specified in Chapter 6.5 (commencing
with Section 3500) of Title 10 of the California Code of
Regulations. The appraisal shall not be deemed independent if
performed under a less-than-arms-length agreement, if performed
by a person or persons employed by, or under contract with, the
program subject to the appraisal for purposes other than performing
appraisals, or if performed by a person having a material interest
in any program that receives foster care payments. If the department
believes an appraisal does not meet these standards, the department
shall give its reasons in writing to the program and provide an
opportunity for appeal.

(d) (1) Any provider with a self-dealing transaction, as defined
in Section 5233 of the Corporations Code, for a lease for shelter
costs shall be ineligible for an AFDC-FC rate.

(2) Lease transactions are subject to restrictions set forth in
Section 200.465(c) of Title 2 of the Code of Federal Regulations,
as implemented by the United States Department of Health and
Human Services at Section 75.465 of Title 45 of the Code of
Federal Regulations.

(e) This section shall become operative on January 1, 2019.

begin delete SEC. 67. end delete

begin insert SEC. 66. end insert   

Section 11463 of the Welfare and Institutions Code,
as added by Section 85 of Chapter 773 of the Statutes of 2015, is
amended to read:

11463.  

(a) The department shall commence development of
a new payment structure for the Title IV-E funded foster family
agency placement option that maximizes federal funding, in
consultation with county placing agencies.

(b) The department shall develop a payment system for foster
family agencies that provide treatment, intensive treatment, and
therapeutic foster care programs, and shall consider all of the
following factors:

(1) Administrative activities that are eligible for federal financial
participation provided, at county request, for and to county-licensed
or approved family homes and resource families, intensive case
management and supervision, and services to achieve legal
permanency or successful transition to adulthood.

(2) Social work activities that are eligible for federal financial
participation under Title IV-E of the Social Security Act.

(3) Social work and mental health services eligible for federal
financial participation under Title XIX of the Social Security Act.

(4) Intensive treatment or therapeutic services in the foster
family agency.

(5) Core services, made available to children and nonminor
dependents either directly or secured through agreements with
other agencies, which are trauma informed and culturally relevant
and include:

(A) Specialty mental health services for children who meet
medical necessity criteria for specialty mental health services, as
provided for in Section 1830.205 or 1830.210 of Title 9, of the
California Code of Regulations.

(B) Transition support services for children, youth, and families
upon initial entry and placement changes and for families who
assume permanency through reunification, adoption, or
guardianship.

(C) Educational and physical, behavioral, and mental health
supports, including extracurricular activities and social supports.

(D) Activities designed to support transition-age youth and
nonminor dependents in achieving a successful adulthood.

(E) Services to achieve permanency, including supporting efforts
to reunify or achieve adoption or guardianship and efforts to
maintain or establish relationships with parents, siblings, extended
family members, tribes, or others important to the child or youth,
as appropriate.

(F) When serving Indian children, as defined in subdivisions
(a) and (b) of Section 224.1, the core services specified in
subparagraphs (A) to (E), inclusive, shall be provided to eligible
children consistent with active efforts pursuant to Section 361.7.

(G) The core services specified in subparagraphs (A) to (F),
inclusive, are not intended to duplicate services already available
to foster children in the community, but to support access to those
services and supports to the extent already available. Those services
and supports may include, but are not limited to, foster youth
services available through county offices of education, Indian
Health Services, and school-based extracurricular activities.

(6) Staff training.

(7) Health and Safety Code requirements.

(8) A process for accreditation that includes all of the following:

(A) Provision for all licensed foster family agencies to maintain
in good standing accreditation from a nationally recognized
accreditation agency with expertise in programs for youth group
care facilities, as determined by the department.

(B) Promulgation by the department of information identifying
the agency or agencies from which accreditation shall be required.

(C) Provision for timely reporting to the department of any
change in accreditation status.

(9) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.

(10) Populations served, including, but not limited to, any of
the following:

(A) (i) Children and youth assessed as seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3,
including those placed out-of-home pursuant to an individualized
education program developed under Article 2 (commencing with
Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of
the Education Code.

(ii) Children assessed as meeting the medical necessity criteria
for specialty mental health services, as provided for in Section
1830.205 or 1830.210 of Title 9 of the California Code of
Regulations.

(B) AFDC-FC children and youth receiving intensive and
therapeutic treatment services in a foster family agency.

(C) AFDC-FC children and youth receiving mental health
treatment services from a foster family agency.

(11) Maximization of federal financial participation for Title
IV-E and Title XIX of the Social Security Act.

(c) The department shall establish rates pursuant to subdivisions
(a) and (b) commencing January 1, 2017. The rate structure shall
include an interim rate, a provisional rate for new foster family
agency programs, and a probationary rate. The department may
supplement the rate with a one-time reimbursement for
accreditation fees in an amount and manner determined by the
department in written directives.

(1)  begin delete Interim end delete begin insert (A) end insert begin insert   end insert begin insert Initial interim end insert rates developed pursuant to this
section shall be effective January 1, begin delete 2017. The interim rates shall
be evaluated and an ongoing payment structure shall be set no later
than January 1, 2020. end delete begin insert 2017, through December 31, 2017. end insert

begin insert

(B) The initial interim rates developed pursuant to this
paragraph shall not be lower than the rates proposed as part of
the Governor’s 2016 May Revision.

end insert begin insert

(C) The initial interim rates set forth in written directives or
regulations pursuant to paragraph (4) shall become inoperative
on January 1, 2018, unless a later enacted statute, that becomes
operative on or before January 1, 2018, deletes or extends the
dates on which they become inoperative.

end insert begin insert

(D) It is the intent of the Legislature to establish an ongoing
payment structure no later than January 1, 2020.

end insert

(2) Consistent with Section 11466.01, for provisional and
probationary rates, the following shall be established:

(A) Terms and conditions, including the duration of the rate.

(B) An administrative review process for the rate determinations,
including denials, reductions, and terminations.

(C) An administrative review process that includes a
departmental review, corrective action, and an appeal with the
department. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), this process shall be disseminated by written directive
pending the promulgation of regulations.

(3) (A) (i) The foster family agency rate shall include a basic
rate pursuant to paragraph (4) of subdivision (g) of Section 11461.
A child or youth placed in a certified family home or an approved
resource family of a foster family agency is eligible for the basic
rate, which shall be passed on to the certified parent or resource
family along with annual increases set forth in subparagraph (D).

(ii) A certified family home of a foster family agency shall be
paid the basic rate as set forth in this paragraph only through
December 31, begin delete 2019. end delete begin insert 2017. end insert

(B) The basic rate paid to either a certified family home or an
approved resource family of a foster family agency shall be paid
by the agency to the home from the rate that is paid to the agency
pursuant to this section.

(C) In addition to the basic rate described in this paragraph, the
department shall develop foster family agency rates that consider
specialized programs to serve children with specific needs,
including, but not limited to, the following:

(i) Intensive treatment and behavioral needs, including those
currently being served under intensive treatment foster care.

(ii) Specialized health care needs.

begin delete

(D) The basic rate paid to a certified family home or approved
resource family shall be adjusted annually on July 1 by the annual
percentage change in the California Necessities Index applicable
to the calendar year within which each July 1 occurs.
Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code), the foster
family agency and basic rates shall be published annually by
all-county letter.

end delete

(4) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the foster family agency rates, and the manner in which
they are determined, shall be set forth in written directives until
regulations are adopted.

(d) The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal,
and health and safety reviews. The state agencies shall attempt to
minimize duplicative audits and reviews to reduce the
administrative burden on providers.

(e) The department shall consider the impact on children and
youth being transitioned to alternate programs as a result of the
new ratesetting system.

begin delete SEC. 68. end delete

begin insert SEC. 67. end insert   

Section 11463.01 of the Welfare and Institutions
Code is repealed.

begin delete SEC. 69. end delete

begin insert SEC. 68. end insert   

Section 11463.1 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 70. end delete

begin insert SEC. 69. end insert   

Section 11466 of the Welfare and Institutions Code
is amended to read:

11466.  

For the purposes of this section to Section 11469.1,
inclusive, “provider” shall mean a group home, short-term
residential treatment center, a foster family agency, and similar
foster care business entities.

begin delete SEC. 71. end delete

begin insert SEC. 70. end insert   

Section 11466.01 is added to the Welfare and
Institutions Code, to read:

11466.01.  

(a) Commencing January 1, 2017, a provisional
rate shall be set for all of the following:

(1) A provider that is granted an extension pursuant to paragraph
(1) of subdivision (d) of Section 11462.04.

(2) A provider that is granted an extension pursuant to paragraph
(2) of subdivision (d) of Section 11462.04.

(3) A foster family agency licensed on or before January 1,
2017, upon submission of a program statement pursuant to Section
1506.1 of the Health and Safety Code.

(4) A new short-term residential treatment center provider.

(5) A new foster family agency provider.

(b) The provisional rate shall be subject to terms and conditions,
including the duration of the provisional period, set by the
department.

(1) For a provider described in paragraph (1) or (3) of
subdivision (a), a provisional rate may be granted for a period that
is not extended beyond December 31, 2018.

(2) For a provider described in paragraph (2) of subdivision (a),
a provisional rate may be granted and may be reviewed on an
annual basis, pursuant to paragraph (2) of subdivision (d) of Section
11462.04.

(3) For a provider described in paragraph (4) or (5) of
subdivision (a), a provisional rate may be granted for a period of
up to 24 months from the date the provider’s license was issued.

(c) In determining whether to grant, and upon what conditions
to grant, a provisional rate, the department shall consider factors
including the following:

(1) Any prior extension granted pursuant to Section 11462.04
or 11462.041.

(2) Any licensing history for any license with which the
program, or its directors or officers, have been associated.

(3) Any financial, fiscal, or compliance audit history with which
the program, or its directors or officers, have been associated.

(4) Outstanding civil penalties or overpayments with which the
program, or its directors or officers, have been associated.

(5) Any violations of state or federal law.

(d) In determining whether to continue, and upon what
conditions to continue, a provisional rate, the department shall
consider those factors specified in subdivision (c), as well as
compliance with the terms, conditions, and requirements during
the provisional period.

(e) In determining whether, at the end of the provisional rate
period or thereafter, to grant a rate and whether to impose or
continue, and upon what conditions to impose or continue, a
probationary rate the department shall consider the factors specified
in subdivision (c).

(f) The department shall establish an administrative review
process for determinations, including denial, rate reduction,
probation, and termination of the provisional and probationary
rates. This process shall include a departmental review, corrective
action, and a protest with the department. Notwithstanding the
rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), this process shall
be disseminated by written directive pending the promulgation of
regulations.

(g) (1) (A) For the purposes of this section, a “provisional rate”
is a prospective rate given to a provider described in subdivision
(a) based on an assurance to perform in accordance with terms and
conditions attached to the granting of the provisional rate.

(B) For the purposes of this section, a “probationary rate” is a
rate upon which limitations and conditions are imposed as a result
of violations of terms, conditions, or state or federal law, including
those set forth in subdivisions (c) and (d).

(2) (A) At the conclusion of a provisional rate, a probationary
rate may be imposed, at the discretion of the department, if
additional oversight is deemed necessary based on the provider’s
performance during the provisional rate period.

(B) At any time, a rate may become a probationary rate if
additional oversight is deemed necessary based on the provider’s
performance in accordance with terms and begin delete condition end delete begin insert conditions end insert
attached to the granting or maintenance of its rate.

(C) A probationary rate may be accompanied by a rate reduction.

begin delete SEC. 72. end delete

begin insert SEC. 71. end insert   

Section 11466.2 of the Welfare and Institutions Code,
as added by Section 91 of Chapter 773 of the Statutes of 2015, is
amended to read:

11466.2.  

(a) (1) The department shall perform or have
performed provider program and fiscal audits as needed. Provider
programs shall maintain all child-specific, programmatic,
personnel, fiscal, and other information affecting ratesetting and
AFDC-FC payments for a period of not less than five years.

(2) Provider fiscal audits shall be conducted pursuant to Part
200 (commencing with Section 200.0) of Chapter II of Subtitle A
of Title 2 of the Code of Federal Regulations, as implemented by
the United States Department of Health and Human Services at
Part 75 (commencing with Section 75.1) of Title 45 of the Code
of Federal Regulations, including uniform administrative
requirements, cost principles, and audit requirements, as
specifically implemented in Section 75.106 of Title 45 of the Code
of Federal Regulations.

(3) A provider may request a hearing of the department’s audit
determination under this section no later than 30 days after the
date the department issues its audit determination. The
department’s audit determination shall be final if the provider does
not request a hearing within the prescribed time. Within 60 days
of receipt of the request for hearing, the department shall conduct
a hearing on the audit determination. The standard of proof shall
be the preponderance of the evidence and the burden of proof shall
be on the department. The hearing officer shall issue the proposed
decision within 45 days of the close of the evidentiary record. The
director shall adopt, reject, or modify the proposed decision, or
refer the matter back to the hearing officer for additional evidence
or findings within 100 days of issuance of the proposed decision.
If the director takes no action on the proposed decision within the
prescribed time, the proposed decision shall take effect by operation
of law.

(b) The department shall develop regulations to correct a
program’s audit findings, adjust the rate, and recover any
overpayments resulting from an overstatement of the projected
level of care and services and other audit findings.

(c) (1) In any audit conducted by the department, the
department, or other public or private audit agency with which the
department contracts, shall coordinate with the department’s
licensing and ratesetting entities so that a consistent set of
standards, rules, and auditing protocols are maintained. The
department, or other public or private audit agency with which the
department contracts, shall make available to all providers, in
writing, any standards, rules, and auditing protocols to be used in
those audits.

(2) The department shall provide exit interviews with providers,
whenever deficiencies are found, in which those deficiencies may
be explained and permit providers an opportunity to respond. The
department shall adopt regulations specifying the procedure for
the appeal of audit findings.

begin delete SEC. 73. end delete

begin insert SEC. 72. end insert   

Section 11466.21 of the Welfare and Institutions
Code is amended to read:

11466.21.  

(a) In accordance with subdivision (b), as a
condition to receive an AFDC-FC rate for a program including,
but not limited to, a group home, a foster family agency, a
short-term residential treatment center, and other similar business
entities providing foster care, the following shall apply:

(1) Any provider who expends in combined federal funds an
amount at or above the federal funding threshold in accordance
with the federal Single Audit Act, as amended, and Section 200.501
of Title 2 of the Code of Federal Regulations, as implemented by
the United States Department of Health and Human Services at
Section 75.501 of Title 45 of the Code of Federal Regulations,
shall arrange to have a financial audit conducted on an annual
basis, and shall submit the financial audit to the department in
accordance with regulations adopted by the department, all-county
letter, or similar written instructions.

(2) Any provider who expends in combined federal funds an
amount below the federal funding threshold shall annually submit
a financial audit to the department pursuant to Generally Accepted
Government Auditing Standards (GAGAS), and shall submit the
financial audit to the department in accordance with regulations
adopted by the department, all-county letter, or similar written
instructions.

(3) The scope of the financial audit shall include all of the
programs and activities operated by the provider and shall not be
limited to those funded in whole or in part by the AFDC-FC
program. The financial audits shall include, but not be limited to,
an evaluation of the expenditures and accounting and control
systems of the provider.

(4) The provider shall have its financial audit conducted by
certified public accountants or by state-licensed public accountants,
with audit designation, who have no direct or indirect relationship
with the functions or activities being audited, or with the provider,
its board of directors, or other governing body, officers, or staff.

(5) The provider shall have its financial audits conducted in
accordance with Government Auditing Standards issued by the
Comptroller General of the United States and in compliance with
generally accepted accounting principles applicable to private
entities organized and operated on a nonprofit basis.

(6) (A) Each provider shall have the flexibility to define the
calendar months included in its fiscal year.

(B) A provider may change the definition of its fiscal year.
However, the financial audit conducted following the change shall
cover all of the months since the last audit, even though this may
cover a period that exceeds 12 months.

(b) (1) In accordance with subdivision (a), as a condition to
receive an AFDC-FC rate, a provider shall submit a copy of its
most recent financial audit report, except as provided in paragraph
(3).

(2) The department shall terminate the rate of a provider who
fails to submit a copy of its most recent financial audit pursuant
to subdivision (a). A terminated rate shall only be reinstated upon
the provider’s submission to the department of an acceptable
financial audit.

(3) A new provider that has been incorporated for fewer than
12 calendar months shall not be required to submit a copy of a
financial audit to receive an AFDC-FC rate for a new program.
The financial audit shall be conducted on the provider’s next full
fiscal year of operation. The provider shall submit the financial
audit to the department in accordance with subdivision (a).

(c) The department shall issue a management decision letter on
audit findings, made by the independent auditor or as a result of
department review, within six months of receipt of the financial
audit report. The management decision letter shall clearly state
whether or not the audit finding is sustained, the reasons for the
decision, and the action or actions expected of the nonprofit
organization provider to repay disallowed costs, make financial
adjustments, or take other action.

(d) Repeated late submission of financial audits, repeat findings
in financial audits, or failure to comply with corrective action in
a management decision letter may result in monetary penalties or
a reduction, suspension, or termination of the provider’s rate in
accordance with regulations adopted by the department, all-county
letter, or similar written instructions. This subdivision shall not be
construed to affect the department’s authority under other
provisions of law, including, but not limited to, Part 200 of Title
2 of the Code of Federal Regulations, as implemented by the United
States Department of Health and Human Services at Part 75
(commencing with Section 75.1) of Title 45 of the Code of Federal
Regulations.

begin delete SEC. 74. end delete

begin insert SEC. 73. end insert   

Section 11466.22 of the Welfare and Institutions
Code is amended to read:

11466.22.  

(a) It is the intent of the Legislature to ensure overall
program integrity in the AFDC-FC program through the
establishment of an effective and efficient process for the collection
of provider sustained overpayments. Furthermore, the intent of the
Legislature is to ensure that children placed in AFDC-FC programs,
including, but not limited to, group homes, short-term residential
treatment centers, and foster family agencies, receive the level of
care and supervision commensurate with the program’s paid rate.

(b) For the purposes of this section, a provider is a licensee of
an AFDC-FC program listed in Section 11402, including, but not
limited to, a group home, short-term residential treatment center,
foster family agency that provides treatment services, or a similar
business entity, receiving foster care maintenance payments under
the AFDC-FC program. The department may collect a sustained
overpayment from the party responsible for the sustained
overpayment, regardless of whether the party remains in the
business of providing any AFDC-FC programs, and regardless of
whether the provider remains licensed by the department.

(c) For the purposes of this section, a provider overpayment is
an overpayment that results in an audit period when a provider
receives a rate reimbursement to which it is not entitled. If a
provider receives a rate reimbursement to which it is not entitled,
including, but not limited to, the provider failing to maintain a
license, or failing to maintain its status as a nonprofit organization,
or due to an overpayment determined as described in paragraph
(1) of subdivision (d), it shall be liable to repay the overpayment.

(d) (1) Overpayments shall be determined by either a provider
audit pursuant to Section 11466.21, a department audit conducted
pursuant to Section 11466.2, a management decision letter, or a
provider self-reporting an overpayment. A self-reported
overpayment may include a finding in the financial audit report
submitted by the provider whether that finding is formally made
in the financial audit report or discovered through department
review of the report or other provider submission.

(2) If a hearing is not requested, or on the 60th day after an
informal decision if a provider or the department does not file a
notice of intent to file a formal appeal, or on the 30th day following
a formal appeal hearing decision, whichever is latest, a provider
overpayment shall be sustained for collection purposes and the
department shall issue a demand letter for repayment of the
sustained overpayment.

(3) The department shall establish a voluntary repayment
agreement procedure with a maximum repayment period of nine
years. The procedure shall take into account the amount of the
overpayment, projected annual income of the program that caused
the overpayment, a minimum repayment amount, including
principal and interest, of 3 percent of annual income prorated on
a monthly basis, simple interest for the first seven years of the
voluntary repayment agreement on the overpayment amount based
on the Surplus Money Investment Fund, and simple interest for
the eighth and ninth years of the voluntary repayment agreement
based on the prime rate at that time plus 3 percent. The department
may consider renegotiation of a voluntary repayment agreement
if the department determines that the agreement would cause severe
harm to children in placement.

(4) The department shall establish an involuntary overpayment
collection procedure, that shall take into account the amount of
the overpayment, projected annual income, a minimum required
repayment amount, including principal and interest, of 5 percent
of the annual income prorated on a monthly basis, simple interest
on the overpayment amount based on the Surplus Money
Investment Fund, and a maximum repayment period of seven
years. The department may consider renegotiation of an involuntary
payment agreement if the department determines that the agreement
would cause severe harm to children in placement.

(e) The department shall maintain, by regulation, all-county
letter, or similar written directive, a procedure for recovery of any
provider sustained overpayments. The department shall prioritize
collection methods, which shall include voluntary repayment
agreement procedures, involuntary overpayment collection
procedures, including the use of a statutory lien, rate request
denials, rate decreases, and rate terminations. The department may
also deny rate requests, including requests for rate increases, or
program changes or expansions, while an overpayment is due.

(f) Whenever the department determines that a provider
sustained overpayment has occurred, the department shall recover
from the provider the full amount of the sustained overpayment,
and simple interest on the sustained overpayment amount, pursuant
to methods described in subdivision (e), against the provider’s
income or assets.

(g) If a provider is successful in its appeal of a collected
overpayment, it shall be repaid the collected overpayment plus
simple interest based on the Surplus Money Investment Fund.

begin delete SEC. 75. end delete

begin insert SEC. 74. end insert   

Section 11466.24 of the Welfare and Institutions
Code is amended to read:

11466.24.  

(a) In accordance with this section, a county shall
collect an overpayment, discovered on or after January 1, 1999,
made to a foster family home, an approved home of a relative,
including, on and after the date that the director executes a
declaration pursuant to Section 11217, the home of a Kin-GAP
guardian, an approved home of a nonrelative extended family
member, an approved home of a nonrelative legal guardian, a
resource family, as defined in subdivision (c) of Section 16519.5,
or the supervised independent living setting where a nonminor
dependent resides, for any period of time in which the foster child
was not cared for in that home, unless any of the following
conditions exist, in which case a county shall not collect the
overpayment:

(1) The cost of the collection exceeds that amount of the
overpayment that is likely to be recovered by the county. The cost
of collecting the overpayment and the likelihood of collection shall
be documented by the county. Costs that the county shall consider
when determining the cost-effectiveness to collect are total
administrative, personnel, legal filing fee, and investigative costs,
and any other applicable costs.

(2) The child was temporarily removed from the home and
payment was owed to the provider to maintain the child’s
placement, or the child was temporarily absent from the provider’s
home, or on runaway status and subsequently returned, and
payment was made to the provider to meet the child’s needs.

(3) The overpayment was exclusively the result of a county
administrative error or both the county welfare department and
the provider or nonminor dependent were unaware of the
information that would establish that the foster child or nonminor
dependent was not eligible for foster care benefits.

(4) The provider or nonminor dependent did not have knowledge
of, and did not contribute to, the cause of the overpayment.

(b) (1) After notification by a county of an overpayment to a
foster family home, an approved home of a relative, including the
home of a Kin-GAP guardian, or a nonrelative extended family
member, approved home of a nonrelative legal guardian, a resource
family, or the supervised independent living setting where the
nonminor dependent resides, and a demand letter for repayment,
the foster parent, approved relative, approved nonrelative legal
guardian, resource family, or nonminor dependent may request
the county welfare department to review the overpayment
determination in an informal hearing, or may file with the
department a request for a hearing to appeal the overpayment
determination. Requesting an informal hearing shall not preclude
a payee from seeking a formal hearing at a later date. The county
welfare department shall dismiss the overpayment repayment
request if it determines the action to be incorrect through an initial
review prior to a state hearing, or through a review in an informal
hearing held at the request of the foster parent, relative, nonrelative
legal guardian, or nonminor dependent.

(2) If an informal hearing does not result in the dismissal of the
overpayment, or a formal appeal hearing is not requested, or on
the 30th day following a formal appeal hearing decision, whichever
is later, the foster family provider overpayment shall be sustained
for collection purposes.

(3) The department shall adopt regulations that ensure that the
best interests of the child or nonminor dependent shall be the
primary concern of the county welfare director in any repayment
agreement.

(c) (1) The department shall develop regulations for recovery
of overpayments made to any foster family home, approved home
of a relative, including the home of a Kin-GAP guardian, approved
home of a nonrelative legal guardian, resource family, or supervised
independent living setting where a nonminor dependent resides.
The regulations shall prioritize collection methods, that shall
include voluntary repayment agreement procedures and involuntary
overpayment collection procedures. These procedures shall take
into account the amount of the overpayment and a minimum
required payment amount.

(2) A county shall not collect an overpayment through the use
of an involuntary payment agreement unless a foster family home,
an approved home of a relative, including the home of a Kin-GAP
guardian, approved home of a nonrelative legal guardian, resource
family, or supervised independent living setting where a nonminor
dependent resides has rejected the offer of a voluntary overpayment
agreement, or has failed to comply with the terms of the voluntary
overpayment agreement.

(3) A county shall not be permitted to collect an overpayment
through the offset of payments due to a foster family home, an
approved home of a relative, including the home of a Kin-GAP
guardian, approved home of a nonrelative legal guardian, resource
family, or supervised independent living setting where a nonminor
dependent resides, unless this method of repayment is requested
by the provider or nonminor dependent in a voluntary repayment
agreement, or other circumstances defined by the department by
regulation.

(d) If a provider or nonminor dependent is successful in its
appeal of a collected overpayment, it shall be repaid the collected
overpayment plus simple interest based on the Surplus Money
Investment Fund.

(e) A county may not collect interest on the repayment of an
overpayment.

(f) There shall be a one-year statute of limitations from the date
upon which the county determined that there was an overpayment.

begin delete SEC. 76. end delete

begin insert SEC. 75. end insert   

Section 11466.25 of the Welfare and Institutions
Code is amended to read:

11466.25.  

Interest begins to accrue on a provider overpayment
or penalty on the date of the issuance of the penalty, the date of
issuance of the final audit report, or the date of the issuance of a
management decision letter in accordance with Section 11466.21,
or the date that a provider self-reports an overpayment.

begin delete SEC. 77. end delete

begin insert SEC. 76. end insert   

Section 11466.31 of the Welfare and Institutions
Code is amended to read:

11466.31.  

(a) When it has been determined that a provider
participating in the AFDC-FC program owes an overpayment that
is due and payable, the department may implement involuntary
offset collection procedures to collect sustained overpayments
from a provider if the provider does not enter into a voluntary
repayment agreement with the department or the provider has three
outstanding payments on a voluntary repayment agreement before
the overpayment is repaid.

(b) The minimum monthly overpayment offset amount from
monthly rate reimbursements shall be determined using the
involuntary collection procedures developed pursuant to paragraph
(4) of subdivision (d) of Section 11466.22. Overpayments shall
be offset against current monthly rate reimbursement payments
due and payable to a provider under this chapter.

(c) Failure to repay an overpayment shall be grounds for
termination of the provider’s rate and shall result in a referral to
the department’s Community Care Licensing Division for license
revocation.

begin delete SEC. 78. end delete

begin insert SEC. 77. end insert   

Section 11466.32 of the Welfare and Institutions
Code is amended to read:

11466.32.  

(a) If a provider that owes a sustained overpayment
pursuant to paragraph (2) of subdivision (d) of Section 11466.22
does not enter into a voluntary repayment agreement with the
department, or the provider has three outstanding payments on a
voluntary repayment agreement before the overpayment is repaid,
in addition to the monthly overpayment offset amount, 50 percent
of any increases resulting from California Necessities Index (CNI)
adjustments and provider’s rate adjustments to the standard rate
that are due to a provider shall be withheld until the sustained
overpayment amount is collected. Once the overpayment amount
is collected, the provider shall begin to prospectively receive the
full amount of any California Necessities Index and rate adjustment
to which it is entitled.

(b) Any provider subject to involuntary repayment of a sustained
overpayment pursuant to Section 11466.31 shall be ineligible to
receive any rate increase or program change or expansion, until
the repayment is completed or until the host county or the primary
placement county provide the department with a request for waiver
of this paragraph.

begin delete SEC. 79. end delete

begin insert SEC. 78. end insert   

Section 11469 of the Welfare and Institutions Code
is amended to read:

11469.  

(a) The department shall develop, following
consultation with group home providers, the County Welfare
Directors Association of California, the Chief Probation Officers
of California, the County Behavioral Health Directors Association
of California, the State Department of Health Care Services, and
stakeholders, performance standards and outcome measures for
determining the effectiveness of the care and supervision, as
defined in subdivision (b) of Section 11460, provided by group
homes under the AFDC-FC program pursuant to Sections 11460
and 11462. These standards shall be designed to measure group
home program performance for the client group that the group
home program is designed to serve.

(1) The performance standards and outcome measures shall be
designed to measure the performance of group home programs in
areas over which the programs have some degree of influence, and
in other areas of measurable program performance that the
department can demonstrate are areas over which group home
programs have meaningful managerial or administrative influence.

(2) These standards and outcome measures shall include, but
are not limited to, the effectiveness of services provided by each
group home program, and the extent to which the services provided
by the group home assist in obtaining the child welfare case plan
objectives for the child.

(3) In addition, when the group home provider has identified
as part of its program for licensing, ratesetting, or county placement
purposes, or has included as a part of a child’s case plan by mutual
agreement between the group home and the placing agency,
specific mental health, education, medical, and other child-related
services, the performance standards and outcome measures may
also measure the effectiveness of those services.

(b) Regulations regarding the implementation of the group home
performance standards system required by this section shall be
adopted no later than one year prior to implementation. The
regulations shall specify both the performance standards system
and the manner by which the AFDC-FC rate of a group home
program shall be adjusted if performance standards are not met.

(c) Except as provided in subdivision (d), effective July 1, 1995,
group home performance standards shall be implemented. Any
group home program not meeting the performance standards shall
have its AFDC-FC rate, set pursuant to Section 11462, adjusted
according to the regulations required by this section.

(d) A group home program shall be classified at rate
classification level 13 or 14 only if it has been granted an extension
pursuant to subdivision (d) of Section 11462.04 and all of the
following are met:

(1) The program generates the requisite number of points for
rate classification level 13 or 14.

(2) The program only accepts children with special treatment
needs as determined through the assessment process pursuant to
paragraph (2) of subdivision (a) of Section 11462.01.

(3) The program meets the performance standards designed
pursuant to this section.

(e) Notwithstanding subdivision (c), the group home program
performance standards system shall not be implemented prior to
the implementation of the AFDC-FC performance standards
system.

(f) On or before January 1, 2016, the department shall develop,
following consultation with the County Welfare Directors
Association of California, the Chief Probation Officers of
California, the County Behavioral Health Directors Association
of California, research entities, foster children, advocates for foster
children, foster care provider business entities organized and
operated on a nonprofit basis, Indian tribes, and other stakeholders,
additional performance standards and outcome measures that
require group homes to implement programs and services to
minimize law enforcement contacts and delinquency petition filings
arising from incidents of allegedly unlawful behavior by minors
occurring in group homes or under the supervision of group home
staff, including individualized behavior management programs,
emergency intervention plans, and conflict resolution processes.

(g) On or before January 1, 2017, the department shall develop,
following consultation with the County Welfare Directors
Association of California, the Chief Probation Officers of
California, the County Behavioral Health Directors Association
of California, the Medical Board of California, research entities,
foster children advocates for foster children, foster care provider
business entities organized and operated on a nonprofit basis,
Indian tribes, and other stakeholders, additional performance
standards and outcome measures that require group homes and
short-term residential treatment centers to implement alternative
programs and services, including individualized behavior
management programs, emergency intervention plans, and conflict
resolution processes.

(h) Performance standards and outcome measures developed
pursuant to this section shall apply to short-term residential
treatment centers.

begin delete SEC. 80. end delete

begin insert SEC. 79. end insert   

Section 16504.5 of the Welfare and Institutions Code
is amended to read:

16504.5.  

(a) (1) Notwithstanding any other law, pursuant to
subdivision (b) of Section 11105 of the Penal Code, a child welfare
agency may secure from an appropriate governmental criminal
justice agency the state summary criminal history information, as
defined in subdivision (a) of Section 11105 of the Penal Code,
through the California Law Enforcement Telecommunications
System pursuant to subdivision (d) of Section 309, and subdivision
(a) of Section 1522 of the Health and Safety Code for the following
purposes:

(A) To conduct an investigation pursuant to Section 11166.3 of
the Penal Code or an investigation involving a child in which the
child is alleged to come within the jurisdiction of the juvenile court
under Section 300.

(B) (i) To assess the appropriateness and safety of placing a
child who has been detained or is a dependent of the court, in the
home of a relative assessed pursuant to Section 309, 361.4, or
16519.5, or in the home of a nonrelative extended family member
assessed as described in Section 362.7 or 16519.5 during an
emergency situation.

(ii) When a relative or nonrelative family member who has been
assessed pursuant to clause (i) and approved as a caregiver moves
to a different county and continued placement of the child with
that person is intended, the move shall be considered an emergency
situation for purposes of this subparagraph.

(C) To attempt to locate a parent or guardian pursuant to Section
311 of a child who is the subject of dependency court proceedings.

(D) To obtain information about the background of a nonminor
who has petitioned to reenter foster care under subdivision (e) of
Section 388, in order to assess the appropriateness and safety of
placing the nonminor in a foster care or other placement setting
with minor dependent children.

(2) Any time that a child welfare agency initiates a criminal
background check through the California Law Enforcement
Telecommunications System for the purpose described in
subparagraph (B) of paragraph (1), the agency shall ensure that a
state-level fingerprint check is initiated within 10 calendar days
of the check, unless the whereabouts of the subject of the check
are unknown or the subject of the check refuses to submit to the
fingerprint check. The Department of Justice shall provide the
requesting agency a copy of all criminal history information
regarding an individual that it maintains pursuant to subdivision
(b) of Section 11105 of the Penal Code.

(b) Criminal justice personnel shall cooperate with requests for
criminal history information authorized pursuant to this section
and shall provide the information to the requesting entity in a
timely manner.

(c) Any law enforcement officer or person authorized by this
section to receive the information who obtains the information in
the record and knowingly provides the information to a person not
authorized by law to receive the information is guilty of a
misdemeanor as specified in Section 11142 of the Penal Code.

(d) Information obtained pursuant to this section shall not be
used for any purposes other than those described in subdivision
(a).

(e) Nothing in this section shall preclude a nonminor petitioning
to reenter foster care or a relative or other person living in a
relative’s home from refuting any of the information obtained by
law enforcement if the individual believes the state- or federal-level
criminal records check revealed erroneous information.

(f) (1) A state or county welfare agency may submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of parents or legal guardians
when determining their suitability for reunification with a
dependent child subject to the jurisdiction of the juvenile court,
for the purposes of obtaining information as to the existence and
content of a record of state or federal convictions and state or
federal arrests, as well as information as to the existence and
content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her own recognizance pending trial or appeal. Of the
information received by the Department of Justice pursuant to this
subdivision, only the parent’s or legal guardian’s criminal history
for the time period following the removal of the child from the
parent or legal guardian shall be considered.

(2) A county welfare agency or county probation office may
submit to the Department of Justice fingerprint images and related
information required by the Department of Justice of nonminors
petitioning to reenter foster care under Section 388, in order to
assess the appropriateness and safety of placing the nonminor in
a foster care or other placement setting with minor dependent
children.

(3) When received, the Department of Justice shall forward to
the Federal Bureau of Investigation requests for federal summary
criminal history information received pursuant to this subdivision.
The Department of Justice shall review the information returned
from the Federal Bureau of Investigation and respond to the state
or county welfare agency.

(4) The Department of Justice shall provide a response to the
state or county welfare agency pursuant to subdivision (p) of
Section 11105 of the Penal Code.

(5) The state or county welfare agency shall not request from
the Department of Justice subsequent arrest notification service,
as provided pursuant to Section 11105.2 of the Penal Code, for
individuals described in this subdivision.

(6) The Department of Justice shall charge a fee sufficient to
cover the costs of processing the request described in this
subdivision.

(7) This subdivision shall become operative on July 1, 2007.

(g) A fee, determined by the Federal Bureau of Investigation
and collected by the Department of Justice, shall be charged for
each federal-level criminal offender record information request
submitted pursuant to this section and Section 361.4.

begin delete SEC. 81. end delete

begin insert SEC. 80. end insert   

Section 16514 of the Welfare and Institutions Code
is amended to read:

16514.  

(a) A minor or nonminor who has been voluntarily
placed, adjudged a dependent child of the juvenile court pursuant
to Section 300, or as to whom a petition has been filed under
Section 325, may be housed in an emergency shelter or, pursuant
to the procedures for placement set forth in this code, placed in a
foster family home, a resource family home, or with a foster family
agency for subsequent placement in a certified family home or
with a resource family, with minors adjudged wards of the juvenile
court pursuant to Section 601.

(b) A minor who has been voluntarily placed, adjudged a
dependent child of the juvenile court pursuant to Section 300, or
adjudged a ward of the juvenile court pursuant to Section 601,
shall not be housed in an emergency shelter with any minor
adjudged a ward of the juvenile court pursuant to Section 602.

(c) A minor or nonminor who has been voluntarily placed,
adjudged a dependent child of the juvenile court pursuant to Section
300, or as to whom a petition has been filed under Section 325, or
a nonminor dependent, as described in subdivision (v) of Section
11400, shall not be placed or detained in a short-term residential
treatment center, group home, licensed foster family home, resource
family home, or certified family home or approved resource family
home of a foster family agency, with any minor adjudged a ward
of the juvenile court pursuant to Section 601 or 602, unless the
social worker or probation officer with placement authority has
determined that the placement setting has a program that meets
the specific needs of the minor or nonminor dependent being placed
or detained, and there is a commonality of needs with the other
minors and nonminor dependents in the placement setting.

(d) Nothing in this section shall transfer or eliminate the
responsibility of the placing agency for the care, custody, or control
of the child. Nothing in this section shall relieve a foster family
agency of its responsibilities for or on behalf of a child placed with
it.

(e) For purposes of this section, the placing of children or
nonminor dependents by foster family agencies shall be referred
to as “subsequent placement” to distinguish the activity from the
placing by public agencies.

begin delete SEC. 82. end delete

begin insert SEC. 81. end insert   

The heading of Article 2 (commencing with Section
16519.5) is added to Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, to read:

 

Article 2.  Resource Family Approval Program

 

begin delete SEC. 83. end delete

begin insert SEC. 82. end insert   

Section 16519.5 of the Welfare and Institutions Code
is amended to read:

16519.5.  

(a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall
implement a unified, family friendly, and child-centered resource
family approval process to replace the existing multiple processes
for licensing foster family homes, certifying foster homes by
licensed foster family agencies, approving relatives and nonrelative
extended family members as foster care providers, and approving
guardians and adoptive families.

(b) (1) Counties shall be selected to participate on a voluntary
basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to
criteria developed by the department in consultation with the
County Welfare Directors Association. In selecting the five early
implementation counties, the department shall promote diversity
among the participating counties in terms of size and geographic
location.

(2) Additional counties may participate in the early
implementation of the program upon authorization by the
department.

(3) The State Department of Social Services shall be responsible
for all of the following:

(A) Selecting early implementation counties, based on criteria
established by the department in consultation with the County
Welfare Directors Association.

(B) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for early
implementation participation in the program, train appropriate
staff, and accept applications from resource families.

(C) Entering into terms and conditions for early implementation
participation in the program by counties.

(4) Counties participating in the early implementation of the
program shall be responsible for all of the following:

(A) Submitting an implementation plan.

(B) Entering into terms and conditions for early implementation
participation in the program.

(C) Consulting with the county probation department in the
development of the implementation plan.

(D) Training appropriate staff.

(E) Accepting applications from resource families within the
timeframes established by the department.

(5) (A) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive
homes that have completed the license or approval process prior
to statewide implementation of the program shall not be considered
part of the program. The otherwise applicable assessment and
oversight processes shall continue to be administered for families
and facilities not included in the program.

(B) Upon implementation of the program in a county, that
county shall not accept new applications for the licensure of foster
family homes, the approval of relative and nonrelative extended
family members, or the approval of prospective guardians and
adoptive homes.

(6) The department may waive regulations that pose a barrier
to the early implementation and operation of this program. The
waiver of any regulations by the department pursuant to this section
shall apply to only those counties or foster family agencies
participating in the early implementation of the program and only
for the duration of the program.

(7) This subdivision shall become inoperative on January 1,
2017.

(c) (1) For the purposes of this article, “resource family” means
an individual or family that has successfully met both the home
environment assessment standards and the permanency assessment
criteria adopted pursuant to subdivision (d) necessary for providing
care for a related or unrelated child who is under the jurisdiction
of the juvenile court, or otherwise in the care of a county child
welfare agency or probation department. A resource family shall
demonstrate all of the following:

(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including
the need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place,
or both.

(B) An understanding of children’s needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.

(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other
service providers in implementing the child’s case plan.

(D) The financial ability within the household to ensure the
stability and financial security of the family.

(E) An ability and willingness to provide a family setting that
promotes normal childhood experiences that serves the needs of
the child.

(2) For purposes of this article, and unless otherwise specified,
references to a “child” shall include a “nonminor dependent” and
“nonminor former dependent or ward” as defined in subdivision
(v) and paragraph (1) of subdivision (aa) of Section 11400.

(3) There is no fundamental right to approval as a resource
family.

(4) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement and shall be
considered approved for adoption or guardianship.

(5) For purposes of this article, “resource family approval”
means that the applicant or resource family successfully meets the
home environment assessment and permanency assessment
standards. This approval is in lieu of a foster family home license
issued pursuant to Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code, a certificate of approval
issued by a licensed foster family agency, as described in
subdivision (b) of Section 1506 of the Health and Safety Code,
relative or nonrelative extended family member approval,
guardianship approval, and the adoption home study approval.

(6) Approval of a resource family does not guarantee an initial,
continued, or adoptive placement of a child with a resource family
or with a relative or nonrelative extended family member pursuant
to subdivision (e). Approval of a resource family does not
guarantee the establishment of a legal guardianship of a child with
a resource family.

(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the
department or county shall cease any further review of an
application if the applicant has had a previous application denial
within the preceding year, or if the applicant has had a previous
rescission, revocation, or exemption denial or exemption rescission
by the department or county within the preceding two years.

(B) Notwithstanding subparagraph (A), the department or county
may continue to review an application if it has determined that the
reasons for the previous denial, rescission, or revocation were due
to circumstances and conditions that either have been corrected or
are no longer in existence. If an individual was excluded from a
resource family home or facility licensed by the department, the
department or county shall cease review of the individual’s
application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code and subdivision
(h) of Section 1558 of the Health and Safety Code. The cessation
of review shall not constitute a denial of the application for
purposes of this section or any other law.

(8) A resource family shall meet the approval standards set forth
in this section, comply with the written directives or regulations
adopted pursuant to this section, and comply with other applicable
laws in order to maintain approval.

(9) A resource family may be approved by the department or a
county pursuant to this section or by a foster family agency
pursuant to Section 1517 of the Health and Safety Code.

(10) A resource family shall not be licensed as a residential
facility, as defined in paragraph (1) of subdivision (a) of Section
1502 of the Health and Safety Code.

(d) (1) The department shall adopt standards pertaining to the
home environment and permanency assessments of a resource
family.

(2) Resource family home environment assessment standards
shall include, but not be limited to, all of the following:

(A) (i) Criminal records clearance of each applicant and all
adults residing in, or regularly present in, the home, and not
exempted from fingerprinting, as set forth in subdivision (b) of
Section 1522 of the Health and Safety Code, pursuant to Section
8712 of the Family Code, utilizing a check of the Child Abuse
Central Index (CACI), and receipt of a fingerprint-based state and
federal criminal offender record information search response. The
criminal history information shall include subsequent notifications
pursuant to Section 11105.2 of the Penal Code.

(ii) Consideration of any substantiated allegations of child abuse
or neglect against the applicant and any other adult residing in, or
regularly present in, the home. An approval may not be granted
to applicants whose criminal record indicates a conviction for any
of the offenses specified in subdivision (g) of Section 1522 of the
Health and Safety Code.

(iii) If the resource family parent, applicant, or any other person
specified in subdivision (b) of Section 1522 of the Health and
Safety Code has been convicted of a crime other than a minor
traffic violation or arrested for a serious offense specified in
subdivision (e) of Section 1522 of the Health and Safety Code,
except for the civil penalty language, the criminal background
check provisions specified in subdivisions (d) through (f) of Section
1522 of the Health and Safety Code shall apply. Exemptions from
the criminal records clearance requirements set forth in this section
may be granted by the department or the county, if that county had
been granted permission by the department to issue criminal
records exemptions pursuant to Section 361.4 on or before January
1, 2017, using the exemption criteria specified in subdivision (g)
of Section 1522 of the Health and Safety Code and the written
directives or regulations adopted pursuant to this section.

(iv) For public foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized.

(v) For private foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized, but the Department of Justice shall disseminate
a fitness determination resulting from the federal criminal offender
record information search.

(B) Buildings and grounds and storage requirements that ensure
the health and safety of children.

(C) In addition to the foregoing requirements, the resource
family home environment assessment standards shall also require
the following:

(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.

(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances
that are documented in the foster child’s case file exist to permit
a resource family to care for more children, including, but not
limited to, the need to place siblings together.

(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive environment that serves the needs
of the child.

(3) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:

(A) Caregiver training, as described in subdivisions (g) and (h).

(B) A psychosocial assessment of an applicant, which shall
include the results of a risk assessment.

(i) When the applicant is a relative or nonrelative extended
family member to an identified child, the psychosocial assessment
shall consider the nature of the relationship between the relative
or nonrelative extended family member and the child. The relative
or nonrelative extended family member’s expressed desire to only
care for a specific child or children shall not be a reason to deny
the approval.

(ii) A caregiver risk assessment shall include, but not be limited
to, physical and mental health, alcohol and other substance use
and abuse, family and domestic violence, and the factors listed in
paragraph (1) of subdivision (c).

(C) Completion of any other activities that relate to the ability
of an applicant or a resource family to achieve permanency with
a child.

(e) (1) A county may place a child with a resource family
applicant who has successfully completed the home environment
assessment prior to completion of a permanency assessment only
if a compelling reason for the placement exists based on the needs
of the child.

(A) The permanency assessment shall be completed within 90
days of the child’s placement in the home, unless good cause exists
based upon the needs of the child.

(B) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating
circumstances for the delay and generate a timeframe for the
completion of the permanency assessment.

(C) The county shall report to the department on a quarterly
basis the number of families with a child in an approved home
whose permanency assessment goes beyond 90 days and
summarize the reasons for these delays.

(2) (A) Upon an assessment completed pursuant to Section 309
or 361.45, a county may place a child with a relative, as defined
in Section 319, or nonrelative extended family member, as defined
in Section 362.7.

(B) For any emergency placement made pursuant to this
paragraph, the county shall initiate the home environment
assessment no later than five business days after the placement,
which shall include a face-to-face interview with the resource
family applicant and child.

(C) Nothing in this paragraph shall be construed to limit the
obligation under existing law to assess and give placement
consideration to relatives and nonrelative extended family
members.

(3) For any placement made pursuant to this subdivision,
AFDC-FC funding shall not be available until approval of the
resource family has been completed.

(4) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9 and in the written directions or
regulations adopted pursuant to this section.

(5) Nothing in this section shall limit the county’s authority to
inspect the home of a resource family applicant or a relative or
nonrelative extended family member as often as necessary to ensure
the quality of care provided.

(f) The State Department of Social Services shall be responsible
for all of the following:

(1) (A) Until regulations are adopted, administering the program
through the issuance of written directives that shall have the same
force and effect as regulations. Any directive affecting Article 1
(commencing with Section 700) of Chapter 7 of Title 11 of the
California Code of Regulations shall be approved by the
Department of Justice. The directives shall be exempt from the
rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340)) of Part 1 of
Division 3 of Title 2 of the Government Code.

(B) Adopting, amending, or repealing, in accordance with
Chapter 4.5 (commencing with Section 11371) of Part 1 of Division
3 of Title 2 of the Government Code, any reasonable rules,
regulations, and standards that may be necessary or proper to carry
out the purposes and intent of this chapter and to enable the
department to exercise the powers and perform the duties conferred
upon it by this section, consistent with the laws of this state.

(2) Approving and requiring the use of a single standard for
resource family approval.

(3) Adopting and requiring the use of standardized
documentation for the home environment and permanency
assessments of resource families.

(4) Adopting core competencies for county staff to participate
in the assessment and evaluation of an applicant or resource family.

(5) Requiring counties to monitor county-approved resource
families including, but not limited to, all of the following:

(A) Investigating complaints of resource families.

(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.

(6) Ongoing oversight and monitoring of county systems and
operations including all of the following:

(A) Reviewing the county’s implementation plan and
implementation of the program.

(B) Reviewing an adequate number of county-approved resource
families in each county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if
the department becomes aware that a county is experiencing a
disproportionate number of complaints against individual resource
family homes.

(C) Reviewing county reports of serious complaints and
incidents involving approved resource families, as determined
necessary by the department. The department may conduct an
independent review of the complaint or incident and change the
findings depending on the results of its investigation.

(D) Investigating unresolved complaints against counties.

(E) Requiring corrective action of counties that are not in full
compliance with this section.

(7) Updating the Legislature on the early implementation phase
of the program, including the status of implementation, successes,
and challenges during the early implementation phase, and relevant
available data, including resource family satisfaction.

(8) Implementing due process procedures, including, but not
limited to, all of the following:

(A) Providing a statewide fair hearing process for application
denials, rescissions of approval, exclusion actions, or criminal
record exemption denials or rescissions, by a county or the
department.

(B) Providing an excluded individual with due process pursuant
to Section 16519.6.

(C) Amending the department’s applicable state hearing
procedures and regulations or using the Administrative Procedure
Act, when applicable, as necessary for the administration of the
program.

(g) Counties shall be responsible for all of the following:

(1) Submitting an implementation plan and consulting with the
county probation department in the development of the
implementation plan.

(2) Complying with the written directives or regulations adopted
pursuant to this section.

(3) Implementing the requirements for resource family approval
and utilizing standardized documentation established by the
department.

(4) Training appropriate staff, including ensuring staff have the
education and experience or core competencies necessary to
participate in the assessment and evaluation of an applicant or
resource family.

(5) (A) Taking the following actions, as applicable:

(i) (I) Approving or denying resource family applications,
including preparing a written evaluation of an applicant’s capacity
to foster, adopt, or provide legal guardianship of a child based on
all of the information gathered through the resource family
application and assessment processes.

(II) Considering the applicant’s preference to provide a specific
level of permanency, including adoption, guardianship, or, in the
case of a relative, placement with a fit and willing relative, shall
not be a basis to deny an application.

(ii) Rescinding approvals of resource families.

(iii) When applicable, referring a case to the department for an
action to exclude a resource family parent or other individual from
presence in any resource family home, consistent with the
established standard.

(iv) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing when urgent action is
needed to protect a child from physical or mental abuse,
abandonment, or any other substantial threat to health or safety,
consistent with the established standard.

(v) Granting, denying, or rescinding criminal record exemptions.

(B) Providing a resource family parent, applicant, or individual
who is the subject of a criminal record exemption decision with
due process pursuant to Section 16519.6.

(C) Notifying the department of any decisions denying an
application for resource family approval, rescinding the approval
of a resource family, or denying or rescinding a criminal record
exemption, and, if applicable, notifying the department of the
results of an administrative action.

(6) (A) Updating resource family approval annually and as
necessary to address any changes that have occurred in the resource
family’s circumstances, including, but not limited to, moving to
a new home location or commencing operation of a family day
care home, as defined in Section 1596.78 of the Health and Safety
Code.

(B) A county shall conduct an announced inspection of a
resource family home during the annual update, and as necessary
to address any changes specified in subparagraph (A), in order to
ensure that the resource family is conforming to all applicable laws
and the written directives or regulations adopted pursuant to this
section.

(7) Monitoring resource families through all of the following:

(A) Ensuring that social workers who identify a condition in
the home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.

(B) Requiring resource families to meet the approval standards
set forth in this section, and to comply with the written directives
or regulations adopted pursuant to this section, other applicable
laws, and corrective action plans as necessary to correct identified
deficiencies. If corrective action is not completed as specified in
the plan, the county may rescind the resource family approval.

(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.

(D) Inspecting resource family homes as often as necessary to
ensure the quality of care provided.

(8) (A) Investigating all complaints against a resource family
and taking action as necessary, including, but not limited to,
investigating any incidents reported about a resource family
indicating that the approval standard is not being maintained and
inspecting the resource family home.

(B) The child’s social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision
(d). To the extent that adequate resources are available, complaints
shall be investigated by a worker who did not initially conduct the
home environment or psychosocial assessments.

(C) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.

(D) The department shall be notified of any serious incidents
or serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.

(9) Performing corrective action as required by the department.

(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and
remedying problems identified.

(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (6) of subdivision (f).

(12) Ensuring resource family applicants and resource families
have the necessary knowledge, skills, and abilities to support
children in foster care by completing caregiver training. The
training should include a curriculum that supports the role of a
resource family in parenting vulnerable children and should be
ongoing in order to provide resource families with information on
trauma-informed practices and requirements and other topics within
the foster care system.

(13) Ensuring that a resource family applicant completes a
minimum of 12 hours of preapproval caregiver training. The
training shall include, but not be limited to, all of the following
courses:

(A) An overview of the child protective and probation systems.

(B) The effects of trauma, including grief and loss, and child
abuse and neglect, on child development and behavior, and
methods to behaviorally support children impacted by that trauma
or child abuse and neglect.

(C) Positive discipline and the importance of self-esteem.

(D) Health issues in foster care.

(E) Accessing services and supports to address education needs,
physical, mental, and behavioral health, and substance use
disorders, including culturally relevant services.

(F) The rights of a child in foster care, and the resource family’s
responsibility to safeguard those rights, including the right to have
fair and equal access to all available services, placement, care,
treatment, and benefits, and to not be subjected to discrimination
or harassment on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical disability, or HIV
status.

(G) Cultural needs of children, including instruction on cultural
competency and sensitivity, and related best practices for providing
adequate care for children or youth across diverse ethnic and racial
backgrounds, as well as children or youth identifying as lesbian,
gay, bisexual, or transgender.

(H) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.

(I) Permanence, well-being, and education needs of children.

(J) Child and adolescent development, including sexual
orientation, gender identity, and expression.

(K) The role of resource families, including working
cooperatively with the child welfare or probation agency, the
child’s family, and other service providers implementing the case
plan.

(L) The role of a resource family on the child and family team
as defined in paragraph (4) of subdivision (a) of Section 16501.

(M) A resource family’s responsibility to act as a reasonable
and prudent parent, as described in subdivision (c) of Section
1522.44 of the Health and Safety Code, and to provide a family
setting that promotes normal childhood experiences and that serves
the needs of the child.

(N) An overview of the specialized training identified in
subdivision (h).

(14) Ensuring approved resource families complete a minimum
of eight hours of caregiver training annually, a portion of which
shall be from subparagraph (M) of paragraph (13) and from one
or more of the other topics listed in paragraph (13).

(h) In addition to any training required by this section, a county
may require a resource family or applicant to receive relevant
specialized training for the purpose of preparing the resource family
to meet the needs of a particular child in care. This training may
include, but is not limited to, the following:

(1) Understanding how to use best practices for providing care
and supervision to commercially sexually exploited children.

(2) Understanding how to use best practices for providing care
and supervision to lesbian, gay, bisexual, and transgender children.

(3) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, benefits, uses, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic
medications.

(4) Understanding the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
children, including the role of the caregiver in supporting culturally
appropriate, child-centered practices that respect Native American
history, culture, retention of tribal membership and connection to
the tribal community and traditions.

(5) Understanding how to use best practices for providing care
and supervision to nonminor dependents.

(6) Understanding how to use best practices for providing care
and supervision to children with special health care needs.

(7) Understanding the different permanency options and the
services and benefits associated with the options.

(i) Nothing in this section shall preclude a county from requiring
training in excess of the requirements in this section.

(j) (1) Resource families who move home locations shall retain
their resource family status pending the outcome of the update
conducted pursuant to paragraph (6) of subdivision (g).

(2) (A) If a resource family moves from one county to another
county, the department, or the county to which a resource family
has moved, shall submit a written request to the Department of
Justice to transfer the individual’s subsequent arrest notification,
as specified in subdivision (h) of Section 1522 of the Health and
Safety Code.

(B) A request to transfer subsequent arrest notification shall
contain all prescribed data elements and format protocols pursuant
to a written agreement between the department and the Department
of Justice.

(3) Subject to the requirements in paragraph (1), the resource
family shall continue to be approved for guardianship and adoption.
Nothing in this subdivision shall limit a county, foster family
agency, or adoption agency from determining that the family is
not approved for guardianship or adoption based on changes in
the family’s circumstances or psychosocial assessment.

(k) Implementation of the program shall be contingent upon the
continued availability of federal Social Security Act Title IV-E
(42 U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.

(l) A child placed with a resource family shall be eligible for
AFDC-FC payments. A resource family, or a foster family agency
pursuant to subdivisions (p) and (q), shall be paid an AFDC-FC
rate pursuant to Sections 11460, 11461, and 11463. Sharing ratios
for nonfederal expenditures for all costs associated with activities
related to the approval of relatives and nonrelative extended family
members shall be in accordance with Section 10101.

(m) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing,
or responses, as specified in this section.

(n) Except as provided, approved resource families shall be
exempt from both of the following:

(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and
Safety Code, and all regulations promulgated thereto.

(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and
all regulations promulgated thereto.

(o) (1) Early implementation counties shall be authorized to
continue through December 31, 2016. The program shall be
implemented by each county on or before January 1, 2017.

(2) (A) (i) On and after January 1, 2017, a county to which the
department has delegated its licensing authority pursuant to Section
1511 of the Health and Safety Code shall approve resource families
in lieu of licensing foster family homes.

(ii) Notwithstanding clause (i), the existing licensure and
oversight processes shall continue to be administered for foster
family homes licensed prior to January 1, 2017, or as specified in
subparagraph (C), until the license is revoked or forfeited by
operation of law pursuant to Section 1517.1 of the Health and
Safety Code.

(B) (i) On and after January 1, 2017, a county shall approve
resource families in lieu of approving relative and nonrelative
extended family members.

(ii)  Notwithstanding clause (i), the existing approval and
oversight processes shall continue to be administered for relatives
and nonrelative extended family members approved prior to
January 1, 2017, or as specified in subparagraph (C), until the
approval is revoked or forfeited by operation of law pursuant to
this section.

(C) Notwithstanding subparagraph (D), a county shall approve
or deny all applications for foster family home licenses and requests
for relative or nonrelative extended family member approvals
received on or before December 31, 2016, in accordance with
Chapter 3 (commencing with Section 1500) of Division 2 of the
Health and Safety Code or provisions providing for the approval
of relatives or nonrelative extended family members, as applicable.

(D) On and after January 1, 2017, a county shall not accept
applications for foster family home licenses or requests to approve
relatives or nonrelative extended family members.

(3) No later than July 1, 2017, each county shall provide the
following information to all licensed foster family homes and
approved relatives and nonrelative extended family members
licensed or approved by the county:

(A) A detailed description of the resource family approval
program.

(B) Notification that, in order to care for a foster child, resource
family approval is required by December 31, 2019.

(C) Notification that a foster family home license and an
approval of a relative or nonrelative extended family member shall
be forfeited by operation of law as specified in paragraph (5).

(4) By no later than January 1, 2018, the following shall apply
to all licensed foster family homes and approved relative and
nonrelative extended family members:

(A) A licensed foster family home or an approved relative or
nonrelative extended family member with an approved adoptive
home study completed prior to January 1, 2018, shall be deemed
to be an approved resource family.

(B) A licensed foster family home or an approved relative or
nonrelative extended family member who had a child in placement
at any time between January 1, 2017, and December 31, 2017,
inclusive, may be approved as a resource family on the date of
successful completion of a psychosocial assessment pursuant to
subparagraph (B) of paragraph (3) of subdivision (d).

(C) A county may provide supportive services to all licensed
foster family homes, relatives, and nonrelative extended family
members with a child in placement to assist with the resource
family transition and to minimize placement disruptions.

(5) All foster family licenses and approvals of relatives and
nonrelative extended family members shall be forfeited by
operation of law on December 31, 2019, except as provided in this
paragraph or Section 1524 of the Health and Safety Code:

(A) All licensed foster family homes that did not have a child
in placement at any time between January 1, 2017, and December
31, 2017, inclusive, shall forfeit the license by operation of law
on January 1, 2018.

(B) For foster family home licensees and approved relatives or
nonrelative extended family members who have a pending resource
family application on December 31, 2019, the foster family home
license or relative and nonrelative extended family member
approval shall be forfeited by operation of law upon approval as
a resource family. If approval is denied, forfeiture by operation of
law shall occur on the date of completion of any proceedings
required by law to ensure due process.

(C) A foster family home license shall be forfeited by operation
of law, pursuant to subdivision (b) of Section 1524 of the Health
and Safety Code, upon approval as a resource family.

(D) Approval as a relative or nonrelative extended family
member shall be forfeited by operation of law upon approval as a
resource family.

(p) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes, as set forth in Section 1517 of the Health and Safety Code.

(q) Commencing January 1, 2016, the department may establish
participation conditions, and select and authorize foster family
agencies that voluntarily submit implementation plans and revised
plans of operation in accordance with requirements established by
the department, to approve resource families in lieu of certifying
foster homes.

(1) Notwithstanding any other law, a participating foster family
agency shall require resource families to meet and maintain the
resource family approval standards and requirements set forth in
this chapter and in the written directives adopted hereto prior to
approval and in order to maintain approval.

(2) A participating foster family agency shall implement the
resource family approval program pursuant to Section 1517 of the
Health and Safety Code.

(3) Nothing in this section shall be construed to limit the
authority of the department to inspect, evaluate, or investigate a
complaint or incident, or initiate a disciplinary action against a
foster family agency pursuant to Article 5 (commencing with
Section 1550) of Chapter 3 of Division 2 of the Health and Safety
Code, or to take any action it may deem necessary for the health
and safety of children placed with the foster family agency.

(4) The department may adjust the foster family agency
AFDC-FC rate pursuant to Section 11463 for implementation of
this subdivision.

(5) This subdivision shall become inoperative on January 1,
2017.

(r) A county is authorized to obtain any arrest or conviction
records or reports from any court or law enforcement agency as
necessary to the performance of its duties, as provided in this
section or subdivision (e) of Section 1522 of the Health and Safety
Code.

(s) A resource family approved pursuant to this section shall
forfeit its approval concurrent with resource family approval by a
foster family agency.

begin delete SEC. 84. end delete

begin insert SEC. 83. end insert   

Section 16519.51 of the Welfare and Institutions
Code is repealed.

begin delete SEC. 85. end delete

begin insert SEC. 84. end insert   

Section 16519.51 is added to the Welfare and
Institutions Code, to read:

16519.51.  

(a) A person shall not incur civil liability as a result
of a county notifying the department of its determination to rescind
the approval of a resource family due to any of the following
actions by a resource family parent:

(1) Violation of Section 16519.5, the written directives or
regulations adopted pursuant to Section 16519.5, or any applicable
law.

(2) Aiding, abetting, or permitting the violation of Section
16519.5, the written directives or regulations adopted pursuant to
Section 16519.5, or any applicable law.

(3) Conduct that poses a risk or threat to the health and safety,
protection, or well-being of a child, or the people of the state of
California.

(4) The conviction of the applicant or resource family parent at
any time before or during his or her approval of a crime described
in Section 1522.

(5) Knowingly allowing any child to have illegal drugs, alcohol,
or any tobacco product as defined in subdivision (d) of Section
22950.5 of the Business and Professions Code.

(6) Committing an act of child abuse or neglect or an act of
violence against another person.

(b) The department or a county shall not incur civil liability for
providing each other with information if the communication is for
the purpose of aiding in the evaluation of an application for
approval of a resource family.

begin delete SEC. 86. end delete

begin insert SEC. 85. end insert   

Section 16519.55 of the Welfare and Institutions
Code is amended to read:

16519.55.  

(a) Subject to subdivision (d), to encourage the
recruitment of resource families, to protect their personal privacy,
and to preserve the security of confidentiality of the placements
with resource families, the names, addresses, and other identifying
information of resource families shall be considered personal
information for purposes of the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code). This information shall not be
disclosed by any state or local agency pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code), except as
necessary for administering the resource family approval program,
facilitating the placement of children with resource families, and
providing names and addresses, upon request, only to bona fide
professional foster parent organizations and to professional
organizations educating foster parents, including the Foster and
Kinship Care Education Program of the California Community
Colleges.

(b) The application form signed by a resource family applicant
of a county shall be signed with a declaration by the applicant that
the information submitted is true, correct, and contains no material
omissions of fact to the best knowledge and belief of the applicant.
Any person who willfully and knowingly, with the intent to
deceive, makes a false statement or fails to disclose a material fact
in his or her application is guilty of a misdemeanor.

(c) Before approving a resource family, a county may conduct
a reference check of the applicant by contacting the following:

(1) Any foster family agencies that have certified the applicant.

(2) Any state or county licensing offices that have licensed the
applicant as a foster family home.

(3) Any counties that have approved the applicant as a relative
or nonrelative extended family member.

(4) Any foster family agencies or counties that have approved
the applicant as a resource family.

(5) Any state licensing offices that have licensed the applicant
as a community care facility, child day care center, or family child
care home.

(d) The department, a county, a foster family agency, or a tribe
may request information from, or divulge information to, the
department, a county, a foster family agency, or a tribe regarding
a prospective resource family for the purpose of and as necessary
to conduct a reference check to determine whether it is safe and
appropriate to approve an applicant to be a resource family.

begin delete SEC. 87. end delete

begin insert SEC. 86. end insert   

Section 16519.6 of the Welfare and Institutions Code
is amended to read:

16519.6.  

(a) All hearings conducted pursuant to Section
16519.5 shall be conducted in accordance with the requirements
of this section and the written directives or regulations adopted
pursuant to Section 16519.5.

(b) For resource family hearings held at the department’s State
Hearings Division, the procedures set forth in Chapter 7
(commencing with Section 10950) of Part 2 shall apply, except as
otherwise provided in this section.

(c) For resource family hearings held at the Office of
Administrative Hearings, the procedures set forth in Chapter 3
(commencing with Section 1500) of Division 2 of the Health and
Safety Code and the procedures set forth in the Administrative
Procedure Act shall apply, except as otherwise provided in this
section.

(d) Notwithstanding Section 10951, a resource family, applicant,
excluded individual, or individual who is the subject of a criminal
record exemption decision may file a written appeal within 25
days of service of a notice of action. Pursuant to Section 1013 of
the Code of Civil Procedure, if the notice of action is served by
mail, the time to respond shall be extended five days, not to exceed
30 days to file the appeal.

(e) Notwithstanding Section 10951, a county’s action shall be
final, or for matters set before the State Hearings Division, an
action shall be subject to dismissal if the resource family, applicant,
excluded individual, or individual who is the subject of a criminal
record exemption decision does not file an appeal to the notice of
action within the prescribed time.

(f) Except as provided in subdivisions (g) and (h), and
notwithstanding Section 10952, a hearing under this section,
notwithstanding any time waiver, shall be held within 90 days
following the receipt of a timely appeal or notice of defense, unless
a continuance or postponement of the hearing is granted for good
cause.

(g) (1) The department may exclude a resource family parent,
applicant, or other individual from presence in any resource family
home, from employment in, presence in, and contact with clients
of any facility licensed by the department or certified by a licensed
foster family agency, and from holding the position of member of
the board of directors, executive director, or officer of the licensee
of any facility licensed by the department. If the department has
issued an immediate exclusion order, the timelines for filings and
hearings and the provisions set forth in Section 1558 of the Health
and Safety Code shall apply, unless a continuance of the hearing
is granted for good cause.

(2) For purposes of this subdivision, a “facility licensed by the
department” means a facility licensed pursuant to Chapter 3
(commencing with Section 1500) of, Chapter 3.01 (commencing
with Section 1568.01) of, Chapter 3.2 (commencing with Section
1569) of, Chapter 3.3 (commencing with Section 1570) of, Chapter
3.4 (commencing with Section 1596.70) of, Chapter 3.5
(commencing with Section 1596.90) of, or Chapter 3.6
(commencing with Section 1597.30) of, Division 2 of the Health
and Safety Code.

(h) If a county or the department has issued a temporary
suspension order, the hearing shall be held within 30 days
following the receipt of a timely appeal or notice of defense. The
temporary suspension order shall remain in effect until the time
the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension
order shall be deemed vacated if the director fails to make a final
determination on the merits within 30 days after receipt of the
proposed decision by the county or department.

(i) Upon a finding of noncompliance, the department may
require a foster family agency to deny a resource family
application, rescind the approval of a resource family, or take other
action deemed necessary for the protection of a child who is or
who may be placed with the resource family. The resource family
or applicant shall be afforded the due process provided pursuant
to this section.

(1) If the department requires a foster family agency to deny an
application or rescind the approval of a resource family, the
department shall serve an order of denial or rescission notifying
the resource family, applicant, and foster family agency of the
basis of the department’s action and of the right to a hearing.

(2) The department’s order of the application denial or rescission
of the approval shall remain in effect until the hearing is completed
and the director has made a final determination on the merits.

(3) A foster family agency’s failure to comply with the
department’s order to deny an application or rescind the approval
of a resource family by placing or retaining a child in care shall
be grounds for disciplining the foster family agency pursuant to
Section 1550 of the Health and Safety Code.

(j) A resource family, applicant, excluded individual, or
individual who is the subject of a criminal record exemption
decision who files an appeal to a notice of action pursuant to this
section shall, as part of the appeal, provide his or her current
mailing address. The resource family, applicant, excluded
individual, or individual who is the subject of a criminal record
exemption decision shall subsequently notify the county, or
department if applicable, in writing of any change in mailing
address, until the hearing process has been completed or
terminated.

(k) Service by mail of a notice or other writing on a resource
family, applicant, excluded individual, or individual who is the
subject of a criminal record exemption decision in a procedure
provided herein is effective if served to the last mailing address
on file with the county or department. Service of a notice of action
may be by personal service or by first class mail. If the last day
for performance of any action required herein falls on a holiday,
then such period shall be extended to the next day which is not a
holiday.

(l) In all proceedings conducted in accordance with this section,
the burden of proof on the department or county shall be by a
preponderance of the evidence.

(m) (1) A county or the department may institute or continue
an administrative proceeding against a resource family, applicant,
or individual who is the subject of a criminal record exemption
decision upon any ground provided by this section or Section
16519.61, enter an order denying an application or rescinding the
approval of a resource family, exclude an individual, issue a
temporary suspension order, or otherwise take disciplinary action
against a resource family, applicant, or individual who is the subject
of a criminal record exemption decision, notwithstanding any
resignation, withdrawal, surrender of approval, or denial or
rescission of the approval by a foster family agency.

(2) The department may institute or continue an administrative
proceeding against an excluded individual upon any ground
provided by this section or Section 16519.61, enter an order to
exclude an individual, or otherwise take disciplinary action against
an excluded individual, notwithstanding any resignation,
withdrawal, surrender of approval, or denial or rescission of the
approval by a foster family agency.

begin delete

(n) (1) A proceeding conducted pursuant to this section shall
be confidential and not open to the public in order to preserve the
confidential information of a child in accordance with Sections
827 and 10850, Section 1536 of the Health and Safety Code, and
Section 11167.5 of the Penal Code. Notwithstanding this
requirement, an administrative law judge may admit persons
deemed to have a direct and legitimate interest in the particular
case or the work of the court on a case-by-case basis and with any
admonishments, limitations, and protective orders as may be
necessary to preserve the confidential nature of the proceedings.

end delete begin delete

(2)

end delete

begin insert ( end insert begin insert n) end insert  Except as otherwise required by law, in any writ of mandate
proceeding related to an issue arising out of this article, the name,
identifying information, or confidential information of a child as
described in Sections 827, 10850, and 16519.55, and Section
11167.5 of the Penal Code, shall not be disclosed in a public
document and a protective order shall be issued by the court in
order to protect the confidential information of a child.

begin delete SEC. 88. end delete

begin insert SEC. 87. end insert   

Section 16519.61 is added to the Welfare and
Institutions Code, to read:

16519.61.  

A county or the department may deny a resource
family application or rescind the approval of a resource family,
and the department may exclude an individual from a resource
family home, for any of the following reasons:

(a) Violation of Section 16519.5, the written directives or
regulations adopted pursuant to Section 16519.5, or any applicable
law.

(b) Aiding, abetting, or permitting the violation of Section
16519.5, the written directives or regulations adopted pursuant to
Section 16519.5, or any applicable law.

(c) Conduct that poses a risk or threat to the health and safety,
protection, or well-being of a child or the people of the State of
California.

(d) The conviction of the resource family applicant, parent, or
associated individual at any time before or during his or her
approval of a crime described in Section 1522 of the Health and
Safety Code.

(e) Engaging in acts of financial malfeasance, including, but
not limited to, improper use or embezzlement of the money or
property of a child, fraudulent appropriation for personal gain of
money or property, or willful or negligent failure to provide
services.

(f) Any other reason specified in the written directives or
regulations adopted pursuant to Section 16519.5.

begin delete SEC. 89. end delete

begin insert SEC. 88. end insert   

Section 16519.62 is added to the Welfare and
Institutions Code, to read:

16519.62.  

(a) The out-of-court statements of a child under 12
years of age who is the subject or victim of an allegation at issue
constitutes admissible evidence at an administrative hearing
conducted pursuant to this article. The out-of-court statement may
provide the sole basis for a finding of fact if the proponent of the
statement provided the statement to all parties prior to the hearing
and the adjudicator finds that the time, content, and circumstances
of the statement provide sufficient indicia of reliability. However,
the out-of-court statement shall not be admissible if an objecting
party establishes that the statement is unreliable because it was the
product of fraud, deceit, or undue influence.

(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible
evidence relevant to the weight of the hearsay evidence or the
credibility of the hearsay declarant.

begin delete SEC. 90. end delete

begin insert SEC. 89. end insert   

The heading of Article 3 (commencing with Section
16520) is added to Chapter 5 of Part 4 of Division 9 of the Welfare
and Institutions Code, to read:

 

Article 3.  Miscellaneous Provisions

 

begin delete SEC. 91. end delete

begin insert SEC. 90. end insert   

Section 18358.30 of the Welfare and Institutions
Code is amended to read:

18358.30.  

(a) Rates for foster family agency programs
participating under this chapter shall be exempt from the current
AFDC-FC foster family agency ratesetting system.

(b) Rates for foster family agency programs participating under
this chapter shall be set according to the appropriate service and
rate level based on the level of services provided to the eligible
child and the certified foster family. For an eligible child placed
from a group home program, the service and rate level shall not
exceed the rate paid for group home placement. For an eligible
child assessed by the county interagency review team or county
placing agency as at imminent risk of group home placement or
psychiatric hospitalization, the appropriate service and rate level
for the child shall be determined by the interagency review team
or county placing agency at time of placement. In all of the service
and rate levels, the foster family agency programs shall:

(1) Provide social work services with average caseloads not to
exceed eight children per worker, except that social worker average
caseloads for children in Service and Rate Level E shall not exceed
12 children per worker.

(2) Pay an amount not less than two thousand one hundred
dollars ($2,100) per child per month to the certified foster parent
or parents.

(3) Perform activities necessary for the administration of the
programs, including, but not limited to, training, recruitment,
certification, and monitoring of the certified foster parents.

(4) (A) (i) Provide a minimum average range of service per
month for children in each service and rate level in a participating
foster family agency, represented by paid employee hours incurred
by the participating foster family agency, by the in-home support
counselor to the eligible child and the certified foster parents
depending on the needs of the child and according to the following
schedule:

 

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

 

(ii) Children placed at Service and Rate Level E shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.

(B) (i) For the interim period beginning July 1, 2012, through
December 31, 2016, inclusive, only the following modified service
and rate levels to support modified in-home support counselor
hours 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

 

(ii) Children placed at Service and Rate Level III shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.

(C) When the interagency review team or county placing agency
and the foster family agency agree that alternative services are in
the best interests of the child, the foster family agency may provide
or arrange for services and supports allowable under California’s
foster care program in lieu of in-home support services required
by subparagraphs (A) and (B). These services and supports may
include, but need not be limited to, activities in the
Multidimensional Treatment Foster Care (MTFC) program.

(c) The department or placing county, or both, may review the
level of services provided by the foster family agency program. If
the level of services actually provided are less than those required
by subdivision (b) for the child’s service and rate level, the rate
shall be adjusted to reflect the level of service actually provided,
and an overpayment may be established and recovered by the
department.

(d) (1) On and after July 1, 1998, the standard rate schedule of
service 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

 

(2) For the interim period beginning July 1, 2012, through
December 31, 2016, inclusive, only the following modified service
and rate levels to support the modified standard rate schedule shall
apply:

 

Service
and
Rate Level	Standard Rate
Level I	$5,581
Level II	$4,798
Level III	$4,034

 

(3) (A) On and after July 1, 1999, the standardized schedule of
rates shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to Section 11453, rounded
to the nearest dollar. The resultant amounts shall constitute the
new standardized rate schedule, subject to further adjustment
pursuant to subparagraph (B), for foster family agency programs
participating under this chapter.

(B) In addition to the adjustment in subparagraph (A),
commencing January 1, 2000, the standardized schedule of rates
shall be increased by 2.36 percent, rounded to the nearest dollar.
The resultant amounts shall constitute the new standardized rate
schedule for foster family agency programs participating under
this chapter.

(4) (A) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal
to the California Necessities Index computed pursuant to Section
11453, subject to the availability of funds. The resultant amounts,
rounded to the nearest dollar, shall constitute the new standard rate
schedule for foster family agency programs participating under
this chapter.

(B) Effective October 1, 2009, the rates identified in this
subdivision shall be reduced by 10 percent. The resulting amounts
shall constitute the new standardized schedule of rates.

(5) Notwithstanding paragraphs (3) and (4), the rate identified
in paragraph (2) of subdivision (b) shall be adjusted on July 1,
2013, and each July 1 thereafter through July 1, 2016, inclusive,
by an amount equal to the California Necessities Index computed
pursuant to Section 11453.

(e) (1) Rates for foster family agency programs participating
under paragraph (1) of subdivision (d) shall not exceed Service
and Rate Level A at any time during an eligible child’s placement.
An eligible child may be initially placed in a participating intensive
foster care program at any one of the five Service and Rate Levels
A to E, inclusive, and thereafter placed at any level, either higher
or lower, not to exceed a total of six months at any level other than
Service and Rate Level E, unless it is determined to be in the best
interests of the child by the child’s county interagency review team
or county placing agency and the child’s certified foster parents.
The child’s county interagency placement review team or county
placement agency may, through a formal review of the child’s
placement, extend the placement of an eligible child in a service
and rate level higher than Service and Rate Level E for additional
periods of up to six months each.

(2) Rates for foster family agency programs participating under
paragraph (2) of subdivision (d) shall not exceed Service and Rate
Level I at any time during an eligible child’s placement. An eligible
child may be initially placed in a participating intensive foster care
program at any one of the three Service and Rate Levels I to III,
inclusive, and thereafter placed at any level, either higher or lower,
not to exceed a total of six months at any level other than Service
and Rate Level III, unless it is determined to be in the best interests
of the child by the child’s county interagency review team or
county placing agency, foster family agency, and the child’s
certified foster parents. The child’s county interagency placement
review team or county placement agency, through a formal review
of the child’s placement, may extend the placement of an eligible
child in a service and rate level higher than Service and Rate Level
III for additional periods of up to six months each.

(f) It is the intent of the Legislature that the rate paid to
participating foster family agency programs shall decrease as the
child’s need for services from the foster family agency decreases.
The foster family agency shall notify the placing county and the
department of the reduced services and the pilot classification
model, and the rate shall be reduced accordingly.

(g) It is the intent of the Legislature to prohibit any duplication
of public funding. Therefore, social worker services, payments to
certified foster parents, administrative activities, and the services
of in-home support counselors that are funded by another public
source shall not be counted in determining whether the foster
family agency program has met its obligations to provide the items
listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
department shall work with other potentially affected state
departments to ensure that duplication of payment or services does
not occur.

(h) It is the intent of the Legislature that the State Department
of Social Services and the State Department of Health Care
Services, in collaboration with county placing agencies and ITFC
providers and other stakeholders, develop and implement an
integrated system that provides for the appropriate level of
placement and care, support services, and mental health treatment
services to foster children served in these programs.

(i) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

(j)  Notwithstanding subdivisions (d) and (e), the department
shall implement a new interim rate structure for the period
beginning July 1, 2017, to December 31, 2019, inclusive. The rate
shall reflect the appropriate level of placement and address the
need for specialized health care, support services, and mental health
treatment services for foster children served in these programs.

begin delete SEC. 92. end delete

begin insert SEC. 91. end insert   

(a) The State Department of Social Services and the
State Department of Health Care Services shall adopt regulations
as required to implement this act and Chapter 773 of the Statutes
of 2015.

(b) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the State Department of Social Services and the State
Department of Health Care Services may implement and administer
the changes made by this act through all-county letters or similar
written instructions until regulations are adopted.

begin delete SEC. 93. end delete

begin insert SEC. 92. end insert   

To the extent that this act has an overall effect of
increasing certain costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation within the meaning of Section 36 of Article XIII of
the California Constitution, it shall apply to local agencies only to
the extent that the state provides annual funding for those cost
increases. Any new program or higher level of service provided
by a local agency pursuant to this act above the level for which
funding has been provided shall not require a subvention of funds
by the state nor otherwise be subject to Section 6 of Article XIII
B of the California Constitution.

With regard to certain other costs that may be incurred by a local
agency or school district, no reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because, in that regard, this act creates a new crime
or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction within the meaning of Section
17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.