Amended in Senate August 15, 2016

Amended in Senate August 3, 2016

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 BillNo. 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, 7911, 7911.1, 7912,begin delete and 8712 ofend deletebegin insert 8712, and 9201 of, and to add Section 9203.1 to,end insert 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, 1507.25, 1517, 1520.1, 1522.2, 1522.4, 1522.41, 1522.43, 1522.44, 1523.1, 1524.6, 1525.5, 1530.7, 1530.8, 1531.1, 1531.15, 1534, 1536, 1538.3, 1538.5, 1538.6, 1538.7, 1538.8, 1538.9, 1548, 1562, 1562.01, 1562.35, 1563, and 1567.4 of, and to add Sections 1517.1, 1517.2, and 1517.3 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, 319.3, 361.2, 361.3, 361.4, 361.45, 361.5, 366.26, 706.6, 727, 727.1, 727.4, 4094.2, 4096, 4096.5,begin insert 11253.45,end insert 11400, 11402, 11460, 11461, 11461.2, 11462, 11462.01, 11462.02, 11462.04, 11462.041, 11463, 11465, 11466, 11466.2, 11466.21, 11466.22, 11466.24, 11466.25, 11466.31, 11466.32, 11468, 11469, 16000, 16501,16501.1, 16504.5, 16514, 16519.5, 16519.55, 16519.6,begin insert 18250,end insert 18251, 18254, 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 instead identify “short-term residential treatment centers” as “short-term residential therapeutic programs” and would provide that they are facilities operated by a public agency or private organization and licensed by the department that provide an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children. The bill would make various changes relating to the licensing and operation of short-term residential therapeutic programs and foster family agencies, including by, among other things, requiring the department to establish rates for short-term residential therapeutic programs 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 therapeutic program has up to 24 months from the date of licensure to obtain accreditation; and requiring a private short-term residential therapeutic program 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) This bill would incorporate additional changes to Section 48204 of the Education Code proposed by AB 2537 that would become operative if this bill and AB 2537 are both chaptered and this bill is chaptered last.

(6) 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:

P4    1

SECTION 1.  

Section 48204 of the Education Code, as amended
2by Section 1.5 of Chapter 554 of the Statutes of 2015, is amended
3to read:

4

48204.  

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

7(1) (A) A pupil placed within the boundaries of that school
8district in a regularly established licensed children’s institution or
9a licensed foster home as defined in Section 56155.5, or a family
10home pursuant to a commitment or placement under Chapter 2
P5    1(commencing with Section 200) of Part 1 of Division 2 of the
2Welfare and Institutions Code.

3(B) An agency placing a pupil in a home or institution described
4in subparagraph (A) shall provide evidence to the school that the
5placement or commitment is pursuant to law.

6(2) A pupil who is a foster child who remains in his or her school
7of origin pursuant to subdivisions (f) and (g) of Section 48853.5.

8(3) A pupil for whom interdistrict attendance has been approved
9pursuant to Chapter 5 (commencing with Section 46600) of Part
1026.

11(4) A pupil whose residence is located within the boundaries of
12that school district and whose parent or legal guardian is relieved
13of responsibility, control, and authority through emancipation.

14(5) A pupil who lives in the home of a caregiving adult that is
15located within the boundaries of that school district. Execution of
16an affidavit under penalty of perjury pursuant to Part 1.5
17(commencing with Section 6550) of Division 11 of the Family
18Code by the caregiving adult is a sufficient basis for a
19determination that the pupil lives in the home of the caregiver,
20unless the school district determines from actual facts that the pupil
21is not living in the home of the caregiver.

22(6) A pupil residing in a state hospital located within the
23boundaries of that school district.

24(7) A pupil whose parent or legal guardian resides outside of
25the boundaries of that school district but is employed and lives
26with the pupil at the place of his or her employment within the
27boundaries of the school district for a minimum of three days
28during the school week.

29(b) A school district may deem a pupil to have complied with
30the residency requirements for school attendance in the school
31district if at least one parent or the legal guardian of the pupil is
32physically employed within the boundaries of that school district
33for a minimum of 10 hours during the school week.

34(1) This subdivision does not require the school district within
35which at least one parent or the legal guardian of a pupil is
36employed to admit the pupil to its schools. A school district shall
37not, however, refuse to admit a pupil under this subdivision on the
38basis, except as expressly provided in this subdivision, of race,
39ethnicity, sex, parental income, scholastic achievement, or any
40other arbitrary consideration.

P6    1(2) The school district in which the residency of either the
2parents or the legal guardian of the pupil is established, or the
3school district to which the pupil is to be transferred under this
4subdivision, may prohibit the transfer of the pupil under this
5subdivision if the governing board of the school district determines
6that the transfer would negatively impact the court-ordered or
7voluntary desegregation plan of the school district.

8(3) The school district to which the pupil is to be transferred
9under this subdivision may prohibit the transfer of the pupil if the
10school district determines that the additional cost of educating the
11pupil would exceed the amount of additional state aid received as
12a result of the transfer.

13(4) The governing board of a school district that prohibits the
14transfer of a pupil pursuant to paragraph (1), (2), or (3) is
15encouraged to identify, and communicate in writing to the parents
16or the legal guardian of the pupil, the specific reasons for that
17determination and is encouraged to ensure that the determination,
18and the specific reasons for the determination, are accurately
19recorded in the minutes of the board meeting in which the
20determination was made.

21(5) The average daily attendance for pupils admitted pursuant
22to this subdivision is calculated pursuant to Section 46607.

23(6) Unless approved by the sending school district, this
24subdivision does not authorize a net transfer of pupils out of a
25school district, calculated as the difference between the number
26of pupils exiting the school district and the number of pupils
27entering the school district, in a fiscal year in excess of the
28following amounts:

29(A) For a school district with an average daily attendance for
30that fiscal year of less than 501, 5 percent of the average daily
31attendance of the school district.

32(B) For a school district with an average daily attendance for
33that fiscal year of 501 or more, but less than 2,501, 3 percent of
34the average daily attendance of the school district or 25 pupils,
35whichever amount is greater.

36(C) For a school district with an average daily attendance of
372,501 or more, 1 percent of the average daily attendance of the
38school district or 75 pupils, whichever amount is greater.

39(7) Once a pupil is deemed to have complied with the residency
40requirements for school attendance pursuant to this subdivision
P7    1and is enrolled in a school in a school district the boundaries of
2which include the location where at least one parent or the legal
3guardian of a pupil is physically employed, the pupil does not have
4to reapply in the next school year to attend a school within that
5school district and the governing board of the school district shall
6allow the pupil to attend school through grade 12 in that school
7district if the parent or legal guardian so chooses and if at least
8one parent or the legal guardian of the pupil continues to be
9physically employed by an employer situated within the attendance
10boundaries of the school district, subject to paragraphs (1) to (6),
11inclusive.

12(c) This section shall become inoperative on July 1, 2017, and
13as of January 1, 2018, is repealed, unless a later enacted statute,
14that becomes operative on or before January 1, 2018, deletes or
15extends the dates on which it becomes inoperative and is repealed.

16

SEC. 1.5.  

Section 48204 of the Education Code, as amended
17by Section 1.5 of Chapter 554 of the Statutes of 2015, is amended
18to read:

19

48204.  

(a) Notwithstanding Section 48200, a pupil complies
20with the residency requirements for school attendance in a school
21district if he or she is any of the following:

22(1) (A) A pupil placed within the boundaries of that school
23district in a regularly established licensed children’s institution or
24a licensed foster home as defined in Section 56155.5, or a family
25home pursuant to a commitment or placement under Chapter 2
26(commencing with Section 200) of Part 1 of Division 2 of the
27Welfare and Institutions Code.

28(B) An agency placing a pupil in a home or institution described
29in subparagraph (A) shall provide evidence to the school that the
30placement or commitment is pursuant to law.

31(2) A pupil who is a foster child who remains in his or her school
32of origin pursuant to subdivisions (f) and (g) of Section 48853.5.

33(3) A pupil for whom interdistrict attendance has been approved
34pursuant to Chapter 5 (commencing with Section 46600) of Part
3526.

36(4) A pupil whose residence is located within the boundaries of
37that school district and whose parent or legal guardian is relieved
38of responsibility, control, and authority through emancipation.

39(5) A pupil who lives in the home of a caregiving adult that is
40located within the boundaries of that school district. Execution of
P8    1an affidavit under penalty of perjury pursuant to Part 1.5
2(commencing with Section 6550) of Division 11 of the Family
3Code by the caregiving adult is a sufficient basis for a
4determination that the pupil lives in the home of the caregiver,
5unless the school district determines from actual facts that the pupil
6is not living in the home of the caregiver.

7(6) A pupil residing in a state hospital located within the
8boundaries of that school district.

9(7) A pupil whose parent or legal guardian resides outside of
10the boundaries of that school district but is employed and lives
11with the pupil at the place of his or her employment within the
12boundaries of the school district for a minimum of three days
13during the school week.

14(b) (1) A school district may deem a pupil to have complied
15with the residency requirements for school attendance in the school
16district if at least one parent or the legal guardian of the pupil is
17physically employed within the boundaries of that school district
18for a minimum of 10 hours during the school week.

19(2) This subdivision does not require the school district within
20which at least one parent or the legal guardian of a pupil is
21employed to admit the pupil to its schools. A school district shall
22not, however, refuse to admit a pupil under this subdivision on the
23basis, except as expressly provided in this subdivision, of race,
24ethnicity, sex, parental income, scholastic achievement, or any
25other arbitrary consideration.

26(3) The school district in which the residency of either the
27parents or the legal guardian of the pupil is established, or the
28school district to which the pupil is to be transferred under this
29subdivision, may prohibit the transfer of the pupil under this
30 subdivision if the governing board of the school district determines
31that the transfer would negatively impact the court-ordered or
32voluntary desegregation plan of the school district.

33(4) The school district to which the pupil is to be transferred
34under this subdivision may prohibit the transfer of the pupil if the
35school district determines that the additional cost of educating the
36pupil would exceed the amount of additional state aid received as
37a result of the transfer.

38(5) The governing board of a school district that prohibits the
39transfer of a pupil pursuant to paragraph (2), (3), or (4) is
40encouraged to identify, and communicate in writing to the parents
P9    1or the legal guardian of the pupil, the specific reasons for that
2determination and is encouraged to ensure that the determination,
3and the specific reasons for the determination, are accurately
4recorded in the minutes of the board meeting in which the
5determination was made.

6(6) The average daily attendance for pupils admitted pursuant
7to this subdivision is calculated pursuant to Section 46607.

8(7) Unless approved by the sending school district, this
9subdivision does not authorize a net transfer of pupils out of a
10school district, calculated as the difference between the number
11of pupils exiting the school district and the number of pupils
12entering the school district, in a fiscal year in excess of the
13following amounts:

14(A) For a school district with an average daily attendance for
15that fiscal year of less than 501, 5 percent of the average daily
16attendance of the school district.

17(B) For a school district with an average daily attendance for
18that fiscal year of 501 or more, but less than 2,501, 3 percent of
19the average daily attendance of the school district or 25 pupils,
20whichever amount is greater.

21(C) For a school district with an average daily attendance of
222,501 or more, 1 percent of the average daily attendance of the
23school district or 75 pupils, whichever amount is greater.

24(8) Once a pupil is deemed to have complied with the residency
25requirements for school attendance pursuant to this subdivision
26and is enrolled in a school in a school district the boundaries of
27which include the location where at least one parent or the legal
28guardian of a pupil is physically employed, the pupil does not have
29to reapply in the next school year to attend a school within that
30school district and the governing board of the school district shall
31allow the pupil to attend school through grade 12 in that school
32district if the parent or legal guardian so chooses and if at least
33one parent or the legal guardian of the pupil continues to be
34physically employed by an employer situated within the attendance
35boundaries of the school district, subject to paragraphs (2) to (7),
36inclusive.

37

SEC. 2.  

Section 48204 of the Education Code, as amended by
38Section 2.5 of Chapter 554 of the Statutes of 2015, is amended to
39read:

P10   1

48204.  

(a) Notwithstanding Section 48200, a pupil complies
2with the residency requirements for school attendance in a school
3district if he or she is:

4(1) (A) A pupil placed within the boundaries of that school
5district in a regularly established licensed children’s institution or
6a licensed foster home as defined in Section 56155.5, or a family
7home pursuant to a commitment or placement under Chapter 2
8(commencing with Section 200) of Part 1 of Division 2 of the
9Welfare and Institutions Code.

10(B) An agency placing a pupil in the home or institution
11described in subparagraph (A) shall provide evidence to the school
12that the placement or commitment is pursuant to law.

13(2) A pupil who is a foster child who remains in his or her school
14of origin pursuant to subdivisions (f) and (g) of Section 48853.5.

15(3) A pupil for whom interdistrict attendance has been approved
16pursuant to Chapter 5 (commencing with Section 46600) of Part
1726.

18(4) A pupil whose residence is located within the boundaries of
19that school district and whose parent or legal guardian is relieved
20of responsibility, control, and authority through emancipation.

21(5) A pupil who lives in the home of a caregiving adult that is
22located within the boundaries of that school district. Execution of
23an affidavit under penalty of perjury pursuant to Part 1.5
24(commencing with Section 6550) of Division 11 of the Family
25Code by the caregiving adult is a sufficient basis for a
26determination that the pupil lives in the home of the caregiver,
27unless the school district determines from actual facts that the pupil
28is not living in the home of the caregiver.

29(6) A pupil residing in a state hospital located within the
30boundaries of that school district.

31(7) A pupil whose parent or legal guardian resides outside of
32the boundaries of that school district but is employed and lives
33with the pupil at the place of his or her employment within the
34boundaries of the school district for a minimum of three days
35during the school week.

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

37

SEC. 3.  

Section 48853 of the Education Code is amended to
38read:

39

48853.  

(a) A pupil described in subdivision (a) of Section
4048853.5 who is placed in a licensed children’s institution or foster
P11   1family home as defined in Section 56155.5, shall attend programs
2operated by the local educational agency, unless one of the
3following applies:

4(1) The pupil is entitled to remain in his or her school of origin
5pursuant to paragraph (1) of subdivision (e) of Section 48853.5.

6(2) The pupil has an individualized education program requiring
7placement in a nonpublic, nonsectarian school or agency, or in
8another local educational agency.

9(3) The parent or guardian, or other person holding the right to
10make educational decisions for the pupil pursuant to Section 361
11or 726 of the Welfare and Institutions Code or Section 56055,
12determines that it is in the best interests of the pupil to be placed
13in another educational program, in which case the parent or
14guardian or other person holding the right to make educational
15decisions for the pupil shall provide a written statement that he or
16she has made that determination to the local educational agency.
17This statement shall include a declaration that the parent, guardian,
18or other person holding the right to make educational decisions
19for the pupil is aware of all of the following:

20(A) The pupil has a right to attend a regular public school in the
21least restrictive environment.

22(B) The alternate education program is a special education
23program, if applicable.

24(C) The decision to unilaterally remove the pupil from the
25regular public school and to place the pupil in an alternate
26education program may not be financed by the local educational
27agency.

28(D) Any attempt to seek reimbursement for the alternate
29education program may be at the expense of the parent, guardian,
30or other person holding the right to make educational decisions
31for the pupil.

32(b) For purposes of ensuring a parent, guardian, or other person
33holding the right to make educational decisions for the pupil is
34aware of the information described in subparagraphs (A) to (D),
35inclusive, of paragraph (3) of subdivision (a), the local educational
36agency may provide him or her with that information in writing.

37(c) Before any decision is made to place a pupil in a juvenile
38court school as defined by Section 48645.1, a community school
39as described in Sections 1981 and 48660, or other alternative
40educational setting, the parent or guardian, or person holding the
P12   1right to make educational decisions for the pupil pursuant to
2Section 361 or 726 of the Welfare and Institutions Code or Section
356055, shall first consider placement in the regular public school.

4(d) If any dispute arises as to the school placement of a pupil
5subject to this section, the pupil has the right to remain in his or
6her school of origin, as defined in subdivision (f) of Section
748853.5, pending resolution of the dispute. The dispute shall be
8resolved in accordance with the existing dispute resolution process
9available to any pupil served by the local educational agency.

10(e) This section does not supersede other laws that govern pupil
11expulsion.

12(f) This section does not supersede any other law governing the
13educational placement in a juvenile court school, as defined by
14Section 48645.1, of a pupil detained in a county juvenile hall, or
15committed to a county juvenile ranch, camp, forestry camp, or
16regional facility.

17(g) (1) Foster children living in emergency shelters, as
18referenced in the federal McKinney-Vento Homeless Assistance
19Act (42 U.S.C. Sec. 11301 et seq.), may receive educational
20services at the emergency shelter as necessary for short periods of
21time for either of the following reasons:

22(A) For health and safety emergencies.

23(B) To provide temporary, special, and supplementary services
24to meet the child’s unique needs if a decision regarding whether
25it is in the child’s best interests to attend the school of origin cannot
26be made promptly, it is not practical to transport the child to the
27school of origin, and the child would otherwise not receive
28educational services.

29(2) The educational services may be provided at the shelter
30pending a determination by the person holding the right regarding
31the educational placement of the child.

32(h) All educational and school placement decisions shall be
33made to ensure that the child is placed in the least restrictive
34educational programs and has access to academic resources,
35services, and extracurricular and enrichment activities that are
36available to all pupils. In all instances, educational and school
37placement decisions shall be based on the best interests of the
38child.

39(i) (1) A complaint of noncompliance with the requirements of
40this section may be filed with the local educational agency under
P13   1the Uniform Complaint Procedures set forth in Chapter 5.1
2(commencing with Section 4600) of Division 1 of Title 5 of the
3California Code of Regulations.

4(2) A complainant not satisfied with the decision of a local
5educational agency may appeal the decision to the department
6pursuant to Chapter 5.1 (commencing with Section 4600) of
7Division 1 of Title 5 of the California Code of Regulations and
8shall receive a written decision regarding the appeal within 60
9days of the department’s receipt of the appeal.

10(3) If a local educational agency finds merit in a complaint, or
11the Superintendent finds merit in an appeal, the local educational
12agency shall provide a remedy to the affected pupil.

13(4) Information regarding the requirements of this section shall
14be included in the annual notification distributed to, among others,
15pupils, parents or guardians of pupils, employees, and other
16interested parties pursuant to Section 4622 of Title 5 of the
17California Code of Regulations.

18

SEC. 4.  

Section 56155.5 of the Education Code is amended to
19read:

20

56155.5.  

(a) As used in this part, “licensed children’s
21institution” means a residential facility that is licensed by the state,
22or other public agency having delegated authority by contract with
23the state to license, to provide nonmedical care to children,
24including, but not limited to, individuals with exceptional needs.
25“Licensed children’s institution” includes a group home or
26short-term residential therapeutic program, as defined in Section
271502 of the Health and Safety Code. As used in this article and
28Article 3 (commencing with Section 56836.165) of Chapter 7.2,
29a “licensed children’s institution” does not include any of the
30following:

31(1) A juvenile court school, juvenile hall, juvenile home, day
32center, juvenile ranch, or juvenile camp administered pursuant to
33 Article 2.5 (commencing with Section 48645) of Chapter 4 of Part
3427.

35(2) A county community school program provided pursuant to
36Section 1981.

37(3) Any special education programs provided pursuant to Section
3856150.

39(4) Any other public agency.

P14   1(b) As used in this part, “foster family home” means a family
2residence that is licensed by the state, or other public agency having
3delegated authority by contract with the state to license, to provide
424-hour nonmedical care and supervision for not more than six
5foster children, including, but not necessarily limited to, individuals
6with exceptional needs. “Foster family home” includes a small
7family home as defined in paragraph (6) of subdivision (a) of
8Section 1502 of the Health and Safety Code, a certified family
9home of a foster family agency as defined in Section 1506 of the
10Health and Safety Code, and a resource family as defined in Section
111517 of the Health and Safety Code and Section 16519.5 of the
12Welfare and Institutions Code.

13

SEC. 5.  

Section 79420 of the Education Code is amended to
14read:

15

79420.  

Funds appropriated to the Board of Governors of the
16California Community Colleges for the Foster Care Education
17Program shall be used for foster parent and relative/kinship care
18provider education in accordance with the following provisions:

19(a) The Chancellor of the California Community Colleges shall
20allocate these funds exclusively for foster parent and
21relative/kinship care provider education and training, as specified
22by the chancellor, in consultation with an advisory committee that
23includes foster parents, representatives of statewide foster parent
24organizations, parent and relative/kinship care providers, county
25child welfare services representatives, and representatives of the
26State Department of Social Services.

27(b) If a community college district accepts funds for this
28program, the district shall comply with all reporting requirements,
29guidelines, and other conditions for receipt of those funds
30established by the chancellor.

31(c) Each college receiving funds for this program shall have a
32plan, developed in consultation with the county child welfare
33agency, for foster parent and relative/kinship care provider
34education that includes the provision of training to facilitate the
35development of foster family homes, as defined in Section 56155.5,
36that care for no more than six children who have special mental,
37emotional, developmental, or physical needs.

38(d) The State Department of Social Services shall facilitate the
39 participation of county welfare departments in the Foster Care
40Education Program.

P15   1

SEC. 6.  

Section 6552 of the Family Code is amended to read:

2

6552.  

The caregiver’s authorization affidavit shall be in
3
substantially the following form:
4

 

Caregiver’s Authorization Affidavit

 

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

 

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

 

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

 

1.Name of minor:   .

 

2.Minor’s birth date:   .

 

3.My name (adult giving authorization):   .

 

4.My home address:   

   .

   

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

 

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

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

 

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

 

7.My date of birth:   .

 

8. My California driver’s license or identification card

number:   .

P16   511P16  1516

 

 

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.

P16  1516

 

 

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

Dated:   

Signed:   

 


17Notices:

18
191. This declaration does not affect the rights of the minor’s parents
20or legal guardian regarding the care, custody, and control of the
21minor, and does not mean that the caregiver has legal custody of
22the minor.

23
242. A person who relies on this affidavit has no obligation to make
25any further inquiry or investigation.

26
27Additional Information:

28
29TO CAREGIVERS:

30
311. “Qualified relative,” for purposes of item 5, means a spouse,
32parent, stepparent, brother, sister, stepbrother, stepsister, half
33brother, half sister, uncle, aunt, niece, nephew, first cousin, or any
34person denoted by the prefix “grand” or “great,” or the spouse of
35any of the persons specified in this definition, even after the
36marriage has been terminated by death or dissolution.

37
382. The law may require you, if you are not a relative or a currently
39licensed, certified, or approved foster parent, to obtain resource
P17   1family approval pursuant to Section 1517 of the Health and Safety
2Code or Section 16519.5 of the Welfare and Institutions Code in
3order to care for a minor. If you have any questions, please contact
4your local department of social services.

5
63. If the minor stops living with you, you are required to notify
7any school, health care provider, or health care service plan to
8which you have given this affidavit. The affidavit is invalid after
9the school, health care provider, or health care service plan receives
10notice that the minor no longer lives with you.

11
124. If you do not have the information requested in item 8
13(California driver’s license or I.D.), provide another form of
14identification such as your social security number or Medi-Cal
15number.

16
17TO SCHOOL OFFICIALS:

18
191. Section 48204 of the Education Code provides that this affidavit
20constitutes a sufficient basis for a determination of residency of
21the minor, without the requirement of a guardianship or other
22custody order, unless the school district determines from actual
23facts that the minor is not living with the caregiver.

24
252. The school district may require additional reasonable evidence
26that the caregiver lives at the address provided in item 4.

27
28TO HEALTH CARE PROVIDERS AND HEALTH CARE
29SERVICE PLANS:

30
311. A person who acts in good faith reliance upon a caregiver’s
32authorization affidavit to provide medical or dental care, without
33actual knowledge of facts contrary to those stated on the affidavit,
34is not subject to criminal liability or to civil liability to any person,
35and is not subject to professional disciplinary action, for that
36reliance if the applicable portions of the form are completed.

37
382. This affidavit does not confer dependency for health care
39coverage purposes.

40

SEC. 7.  

Section 7911 of the Family Code is amended to read:

P18   1

7911.  

The Legislature finds and declares all of the following:

2(a) The health and safety of California children placed by a
3county social services agency or probation department out of state
4pursuant to the provisions of the Interstate Compact on the
5Placement of Children are a matter of statewide concern.

6(b) The Legislature therefore affirms its intention that the State
7Department of Social Services has full authority to require an
8assessment and placement recommendation by a county
9multidisciplinary team prior to placement of a child in an
10out-of-state group home, to investigate allegations of child abuse
11or neglect of minors so placed, and to ensure that out-of-state group
12homes, accepting California children, meet all California group
13home licensing standards.

14(c) The Legislature also affirms its intention that, on and after
15January 1, 2017, the licensing standards applicable to out-of-state
16group homes certified by the department shall be those required
17of short-term residential therapeutic programs operated in this
18state.

19(d) This section is declaratory of existing law with respect to
20the Governor’s designation of the State Department of Social
21Services to act as the compact administrator and of that department
22to act as the single state agency charged with supervision of public
23social services under Section 10600 of the Welfare and Institutions
24 Code.

25

SEC. 8.  

Section 7911.1 of the Family Code is amended to read:

26

7911.1.  

(a) Notwithstanding any other law, the State
27Department of Social Services or its designee shall investigate any
28threat to the health and safety of children placed by a California
29county social services agency or probation department in an
30out-of-state group home pursuant to the provisions of the Interstate
31Compact on the Placement of Children. This authority shall include
32the authority to interview children or staff in private or review
33their file at the out-of-state facility or wherever the child or files
34may be at the time of the investigation. Notwithstanding any other
35law, the State Department of Social Services or its designee shall
36require certified out-of-state group homes to comply with the
37reporting requirements applicable to group homes licensed in
38California pursuant to Title 22 of the California Code of
39Regulations for each child in care regardless of whether he or she
40is a California placement, by submitting a copy of the required
P19   1reports to the Compact Administrator within regulatory timeframes.
2The Compact Administrator within one business day of receiving
3a serious events report shall verbally notify the appropriate
4placement agencies and, within five working days of receiving a
5written report from the out-of-state group home, forward a copy
6of the written report to the appropriate placement agencies.

7(b) Any contract, memorandum of understanding, or agreement
8entered into pursuant to paragraph (b) of Article 5 of the Interstate
9Compact on the Placement of Children regarding the placement
10of a child out of state by a California county social services agency
11or probation department shall include the language set forth in
12subdivision (a).

13(c) (1) The State Department of Social Services or its designee
14shall perform initial and continuing inspection of out-of-state group
15homes in order to either certify that the out-of-state group home
16meets all licensure standards required of group homes operated in
17California or that the department has granted a waiver to a specific
18licensing standard upon a finding that there exists no adverse
19impact to health and safety.

20(2) (A) On and after January 1, 2017, the licensing standards
21applicable to out-of-state group homes certified by the department,
22as described in paragraph (1), shall be those required of short-term
23residential therapeutic programs operated in this state, unless the
24out-of-state group home is granted an extension pursuant to
25subdivision (d) of Section 11462.04 of the Welfare and Institutions
26Code or has otherwise been granted a waiver pursuant to this
27subdivision.

28(B) On and after January 1, 2017, the licensing standards
29applicable to out-of-state group homes certified by the department,
30as described in paragraph (1), shall include the licensing standards
31for mental health program approval in Section 1562.01 of the
32Health and Safety Code. These standards may be satisfied if the
33out-of-state group home has an equivalent mental health program
34approval in the state in which it is operating. If an out-of-state
35group home cannot satisfy the licensing standards for an equivalent
36mental health program approval, children shall not be placed in
37that facility.

38(3) In order to receive certification, the out-of-state group home
39shall have a current license, or an equivalent approval, in good
P20   1standing issued by the appropriate authority or authorities of the
2state in which it is operating.

3(4) On and after January 1, 2017, an out-of-state group home
4program shall, in order to receive an AFDC-FC rate, meet the
5requirements of paragraph (2) of subdivision (c) of Section 11460
6of the Welfare and Institutions Code.

7(5) Any failure by an out-of-state group home facility to make
8children or staff available as required by subdivision (a) for a
9private interview or make files available for review shall be
10grounds to deny or discontinue the certification.

11(6) Certifications made pursuant to this subdivision shall be
12reviewed annually.

13(d) A county shall be required to obtain an assessment and
14placement recommendation by a county multidisciplinary team
15prior to placement of a child in an out-of-state group home facility.

16(e) Any failure by an out-of-state group home to obtain or
17maintain its certification as required by subdivision (c) shall
18preclude the use of any public funds, whether county, state, or
19federal, in the payment for the placement of any child in that
20out-of-state group home, pursuant to the Interstate Compact on
21the Placement of Children.

22(f) (1) A multidisciplinary team shall consist of participating
23members from county social services, county mental health, county
24 probation, county superintendents of schools, and other members
25as determined by the county.

26(2) Participants shall have knowledge or experience in the
27prevention, identification, and treatment of child abuse and neglect
28cases, and shall be qualified to recommend a broad range of
29services related to child abuse or neglect.

30(g) (1) The department may deny, suspend, or discontinue the
31certification of the out-of-state group home if the department makes
32a finding that the group home is not operating in compliance with
33the requirements of subdivision (c).

34(2) Any judicial proceeding to contest the department’s
35determination as to the status of the out-of-state group home
36certificate shall be held in California pursuant to Section 1085 of
37the Code of Civil Procedure.

38(h) The certification requirements of this section shall not impact
39placements of emotionally disturbed children made pursuant to an
40individualized education program developed pursuant to the federal
P21   1Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
2et seq.) if the placement is not funded with federal or state foster
3care funds.

4(i) Only an out-of-state group home authorized by the Compact
5Administrator to receive state funds for the placement by a county
6social services agency or probation department of any child in that
7out-of-state group home from the effective date of this section
8shall be eligible for public funds pending the department’s
9certification under this section.

10

SEC. 9.  

Section 7912 of the Family Code is amended to read:

11

7912.  

(a) The Legislature finds and declares that the health
12and safety of children in out-of-state group home care pursuant to
13the Interstate Compact on the Placement of Children is a matter
14of statewide concern. The Legislature therefore affirms its intention
15that children placed by a county social services agency or probation
16department in out-of-state group homes be accorded the same
17personal rights and safeguards of a child placed in a California
18group home. This section is in clarification of existing law.

19(b) (1) The Compact Administrator may temporarily suspend
20any new placements in an out-of-state group home, for a period
21not to exceed 100 days, pending the completion of an investigation,
22pursuant to subdivision (a) of Section 7911.1, regarding a threat
23to the health and safety of children in care. During any suspension
24period the department or its designee shall have staff daily onsite
25at the out-of-state group home.

26(2) On and after January 1, 2017, the licensing standards
27applicable to out-of-state group homes certified by the State
28Department of Social Services shall be those required of short-term
29residential therapeutic programs operated in this state.

30

SEC. 10.  

Section 8712 of the Family Code is amended to read:

31

8712.  

(a) (1) The department, county adoption agency, or
32licensed adoption agency shall require each person who files an
33application for adoption to be fingerprinted and shall secure from
34an appropriate law enforcement agency any criminal record of that
35person to determine whether the person has ever been convicted
36of a crime other than a minor traffic violation. The department,
37county adoption agency, or licensed adoption agency may also
38secure the person’s full criminal record, if any, with the exception
39of any convictions for which relief has been granted pursuant to
40Section 1203.49 of the Penal Code. Any federal-level criminal
P22   1offender record requests to the Department of Justice shall be
2submitted with fingerprint images and related information required
3by the Department of Justice for the purposes of obtaining
4information as to the existence and content of a record of an
5out-of-state or federal conviction or arrest of a person or
6information regarding any out-of-state or federal crimes or arrests
7for which the Department of Justice establishes that the person is
8free on bail, or on his or her own recognizance pending trial or
9appeal. The Department of Justice shall forward to the Federal
10Bureau of Investigation any requests for federal summary criminal
11history information received pursuant to this section. The
12Department of Justice shall review the information returned from
13the Federal Bureau of Investigation and shall compile and
14disseminate a response to the department, county adoption agency,
15or licensed adoption agency.

16(2) The department, county adoption agency, or licensed
17adoption agency may obtain arrest or conviction records or reports
18from any law enforcement agency as necessary to the performance
19of its duties, as provided in this section.

20(b) Notwithstanding subdivision (c), the criminal record, if any,
21shall be taken into consideration when evaluating the prospective
22adoptive parent, and an assessment of the effects of any criminal
23history on the ability of the prospective adoptive parent to provide
24adequate and proper care and guidance to the child shall be
25included in the report to the court.

26(c) (1) The department, county adoption agency, or licensed
27adoption agency shall not give final approval for an adoptive
28placement in any home in which the prospective adoptive parent
29or any adult living in the prospective adoptive home has either of
30the following:

31(A) A felony conviction for child abuse or neglect, spousal
32abuse, crimes against a child, including child pornography, or for
33a crime involving violence, including rape, sexual assault, or
34homicide, but not including other physical assault and battery. For
35purposes of this subdivision, crimes involving violence means
36those violent crimes contained in clause (i) of subparagraph (A),
37and subparagraph (B), of paragraph (1) of subdivision (g) of
38Section 1522 of the Health and Safety Code.

39(B) A felony conviction that occurred within the last five years
40for physical assault, battery, or a drug- or alcohol-related offense.

P23   1(2) This subdivision shall become operative on October 1, 2008,
2and shall remain operative only to the extent that compliance with
3its provisions is required by federal law as a condition of receiving
4 funding under Title IV-E of the federal Social Security Act (42
5U.S.C. Sec. 670 et seq.).

6(d) Any fee charged by a law enforcement agency for
7fingerprinting or for checking or obtaining the criminal record of
8the applicant shall be paid by the applicant. The department, county
9adoption agency, or licensed adoption agency may defer, waive,
10or reduce the fee when its payment would cause economic hardship
11to prospective adoptive parents detrimental to the welfare of the
12adopted child, when the child has been in the foster care of the
13prospective adoptive parents for at least one year, or if necessary
14for the placement of a special-needs child.

15begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 9201 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

16

9201.  

(a) Except as otherwise permitted or required by statute,
17neither the department nor a licensed adoption agency shall release
18information that would identify persons who receive, or have
19received, adoption services.

20(b) Employees of the department and licensed adoption agencies
21shall release to the department at Sacramento any requested
22information, including identifying information, for the purposes
23of recordkeeping and monitoring, evaluation, and regulation of
24the provision of adoption services.

25(c) Prior to the placement of a child for adoption, the department
26or licensed adoption agency may, upon the written request of both
27a birth and a prospective adoptive parent, arrange for contact
28between these birth and prospective adoptive parents that may
29include the sharing of identifying information regarding these
30parents.

31(d) The department and any licensed adoption agency may,
32upon written authorization for the release of specified information
33by the subject of that information, share information regarding a
34prospective adoptive parent or birth parent with other social service
35agencies, including thebegin delete department andend deletebegin insert department,end insert other licensed
36adoption agencies,begin insert counties or licensed foster family agencies for
37purposes of approving a resource family pursuant to subparagraph
38(A) of paragraph (4) of subdivision (p) of Section 16519.5 of the
39Welfare and Institutions Code,end insert
or providers of health care as
40defined in Section 56.05 of the Civil Code.

P24   1(e) Notwithstanding any other law, the department and any
2licensed adoption agency may furnish information relating to an
3adoption petition or to a child in the custody of the department or
4any licensed adoption agency to the juvenile court, county welfare
5department, public welfare agency, private welfare agency licensed
6by the department, provider of foster care services, potential
7adoptive parent, or provider of health care as defined in Section
856.05 of the Civil Code, if it is believed the child’s welfare will
9be promoted thereby.

10(f) The department and any licensed adoption agency may make
11adoption case records, including identifying information, available
12for research purposes, provided that the research will not result in
13the disclosure of the identity of the child or the parties to the
14adoption to anyone other than the entity conducting the research.

15begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 9203.1 is added to the end insertbegin insertFamily Codeend insertbegin insert, to read:end insert

begin insert
16

begin insert9203.1.end insert  

(a) The department or a licensed adoption agency
17shall, upon the request of a prospective adoptive parent, disclose
18an adoption homestudy and any updates to an adoption homestudy
19to a county or licensed foster family agency for the purpose of
20approving the prospective adoptive parent as a resource family
21pursuant to subparagraph (A) of paragraph (4) of subdivision (p)
22of Section 16519.5 of the Welfare and Institutions Code.

23
(b) The department shall prescribe the form of the request
24described in subdivision (a).

25
(c) The department or a licensed adoption agency shall respond
26to a request made pursuant to subdivision (a) within 20 working
27days of receiving it.

28
(d) The department or a licensed adoption agency may charge
29a fee to cover the reasonable costs of processing requests made
30pursuant to subdivision (a). The department or a licensed adoption
31agency shall waive fees authorized by this subdivision for any
32person who is receiving public assistance pursuant to Part 3
33(commencing with Section 11000) of Division 9 of the Welfare and
34Institutions Code.

end insert
35

begin deleteSEC. 11.end delete
36
begin insertSEC. 13.end insert  

Section 30029.7 of the Government Code is amended
37to read:

38

30029.7.  

(a) Notwithstanding any other law and to the extent
39consistent with or required by federal law or court order, a county
40or counties may contract directlybegin delete withend deletebegin insert with, or otherwise request,end insert
P25   1 the State Department of Health Care Services or the State
2Department of Social Services, as applicable, to provide or
3administer the following programs, services, or activities:

4(1) The Drug Medi-Cal Treatment Program pursuant to Article
53.2 (commencing with Section 14124.20) of Chapter 7 of Part 3
6of Division 9 of the Welfare and Institutions Code.

7(2) Agency adoptions pursuant to Chapter 2 (commencing with
8Section 16100) of Part 4 of Division 9 of the Welfare and
9Institutions Code and Chapter 2 (commencing with Section 8700)
10of Part 2 of Division 13 of the Family Code. Notwithstanding any
11other law, a license issued pursuant to Chapter 3 (commencing
12with Section 1500) of Division 2 of the Health and Safety Code
13shall not be required of a county that provides agency adoption
14program services.

15(3) The resource family approval program pursuant to Article
162 (commencing with Section 16519.5) of Chapter 5 of Part 4 of
17Division 9 of the Welfare and Institutions Code, or any portion
18thereof.

19(b) Nothing in paragraph (1) or (2) of subdivision (a) shall
20prevent a county from providing funding for any of the programs,
21services, or activities through a contract with another county, joint
22powers agreement, or county consortium.

23(c) (1) Contracts awarded pursuant to paragraph (1) of
24subdivision (a) shall be exempt from the requirements of Chapter
251 (commencing with Section 10100) and Chapter 2 (commencing
26with Section 10290) of Part 2 of Division 2 of the Public Contract
27Code. Contracts with the State Department of Health Care Services
28shall include reimbursement to the state for the cost of providing
29the services or activities in paragraph (1) of subdivision (a), subject
30to the terms of the contract. Those reimbursement amounts shall
31not exceed the funding provided to counties for specified programs.

32(2) Contracts awarded pursuant to paragraphs (2) and (3) of
33subdivision (a) shall be exempt from the requirements of Chapter
341 (commencing with Section 10100) and Chapter 2 (commencing
35with Section 10290) of Part 2 of Division 2 of the Public Contract
36Code. Contractsbegin delete withend deletebegin insert with, or other requests of,end insert the State
37Department of Social Services shall include reimbursement to the
38state for thebegin delete actualend delete costs of providing the services or activities in
39paragraph (2) or (3) of subdivisionbegin delete (a), subject to the terms of the
40contract.end delete
begin insert (a).end insert

P26   1

begin deleteSEC. 12.end delete
2
begin insertSEC. 14.end insert  

Section 1501.1 of the Health and Safety Code is
3amended to read:

4

1501.1.  

(a) It is the policy of the state to facilitate the proper
5placement of every child in residential care facilities where the
6placement is in the best interests of the child. A county may require
7placement or licensing agencies, or both placement and licensing
8agencies, to actively seek out-of-home care facilities capable of
9meeting the varied needs of the child. Therefore, in placing children
10in out-of-home care, particular attention should be given to the
11individual child’s needs, the ability of the facility to meet those
12needs, the needs of other children in the facility, the licensing
13requirements of the facility as determined by the licensing agency,
14and the impact of the placement on the family reunification plan.

15(b) Pursuant to this section, children with varying designations
16and varying needs, including, on and after January 1, 2012,
17nonminor dependents, as defined in subdivision (v) of Section
1811400 of the Welfare and Institutions Code, except as provided
19by statute, may be placed in the same facility provided the facility
20is licensed, complies with all licensing requirements relevant to
21the protection of the child, and has a special permit, if necessary,
22to meet the needs of each child so placed. A facility may not
23require, as a condition of placement, that a child be identified as
24an individual with exceptional needs as defined by Section 56026
25of the Education Code.

26(c) Neither the requirement for any license nor any regulation
27shall restrict the implementation of the provisions of this section.
28Implementation of this section does not obviate the requirement
29for a facility to be licensed by the department.

30(d) Pursuant to this section, children with varying designations
31and varying needs, including, on and after January 1, 2012,
32nonminor dependents, as defined in subdivision (v) of Section
3311400 of the Welfare and Institutions Code, except as provided
34by statute, may be placed in the same licensed foster family home
35or with a foster family agency for subsequent placement in a
36certified family home or with a resource family. Children, including
37nonminor dependents, with developmental disabilities, mental
38disorders, or physical disabilities may be placed in licensed foster
39family homes or certified family homes or with resource families,
40provided that an appraisal of the child’s or nonminor dependent’s
P27   1needs and the ability of the receiving home to meet those needs is
2made jointly by the placement agency and the licensee in the case
3of licensed foster family homes or the placement agency and the
4foster family agency in the case of certified family homes or
5resource families, and is followed by written confirmation prior
6to placement. The appraisal shall confirm that the placement poses
7no threat to any child in the home.

8(e) (1) For purposes of this chapter, the placing of children by
9foster family agencies shall be referred to as “subsequent
10placement” to distinguish the activity from the placing by public
11agencies.

12(2) For purposes of this chapter, and unless otherwise specified,
13references to a “child” shall include a “nonminor dependent” and
14“nonminor former dependent or ward” as those terms are defined
15in subdivision (v) and paragraph (1) of subdivision (aa) of Section
1611400 of the Welfare and Institutions Code.

17

begin deleteSEC. 13.end delete
18
begin insertSEC. 15.end insert  

Section 1502 of the Health and Safety Code is
19amended to read:

20

1502.  

As used in this chapter:

21(a) “Community care facility” means any facility, place, or
22building that is maintained and operated to provide nonmedical
23residential care, day treatment, adult day care, or foster family
24agency services for children, adults, or children and adults,
25including, but not limited to, the physically handicapped, mentally
26impaired, incompetent persons, and abused or neglected children,
27and includes the following:

28(1) “Residential facility” means any family home, group care
29facility, or similar facility determined by the department, for
3024-hour nonmedical care of persons in need of personal services,
31supervision, or assistance essential for sustaining the activities of
32daily living or for the protection of the individual.

33(2) “Adult day program” means any community-based facility
34or program that provides care to persons 18 years of age or older
35in need of personal services, supervision, or assistance essential
36for sustaining the activities of daily living or for the protection of
37these individuals on less than a 24-hour basis.

38(3) “Therapeutic day services facility” means any facility that
39provides nonmedical care, counseling, educational or vocational
40support, or social rehabilitation services on less than a 24-hour
P28   1basis to persons under 18 years of age who would otherwise be
2placed in foster care or who are returning to families from foster
3care. Program standards for these facilities shall be developed by
4the department, pursuant to Section 1530, in consultation with
5therapeutic day services and foster care providers.

6(4) “Foster family agency” means any public agency or private
7organization, organized and operated on a nonprofit basis, engaged
8in any of the following:

9(A) Recruiting, certifying, approving, and training of, and
10providing professional support to, foster parents and resource
11families.

12(B) Coordinating with county placing agencies to find homes
13for foster children in need of care.

14(C) Providing services and supports to licensed or certified
15foster parents, county-approved resource families, and children to
16the extent authorized by state and federal law.

17(5) “Foster family home” means any residential facility
18providing 24-hour care for six or fewer foster children that is
19owned, leased, or rented and is the residence of the foster parent
20or parents, including their family, in whose care the foster children
21have been placed. The placement may be by a public or private
22child placement agency or by a court order, or by voluntary
23placement by a parent, parents, or guardian. It also means a foster
24family home described in Section 1505.2.

25(6) “Small family home” means any residential facility, in the
26licensee’s family residence, that provides 24-hour care for six or
27fewer foster children who have mental disorders or developmental
28or physical disabilities and who require special care and supervision
29as a result of their disabilities. A small family home may accept
30children with special health care needs, pursuant to subdivision
31(a) of Section 17710 of the Welfare and Institutions Code. In
32addition to placing children with special health care needs, the
33department may approve placement of children without special
34health care needs, up to the licensed capacity.

35(7) “Social rehabilitation facility” means any residential facility
36that provides social rehabilitation services for no longer than 18
37months in a group setting to adults recovering from mental illness
38who temporarily need assistance, guidance, or counseling. Program
39components shall be subject to program standards pursuant to
P29   1Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
22 of Division 5 of the Welfare and Institutions Code.

3(8) “Community treatment facility” means any residential
4facility that provides mental health treatment services to children
5in a group setting and that has the capacity to provide secure
6containment. Program components shall be subject to program
7standards developed and enforced by the State Department of
8Health Care Services pursuant to Section 4094 of the Welfare and
9Institutions Code.

10Nothing in this section shall be construed to prohibit or
11discourage placement of persons who have mental or physical
12disabilities into any category of community care facility that meets
13the needs of the individual placed, if the placement is consistent
14with the licensing regulations of the department.

15(9) “Full-service adoption agency” means any licensed entity
16engaged in the business of providing adoption services, that does
17all of the following:

18(A) Assumes care, custody, and control of a child through
19relinquishment of the child to the agency or involuntary termination
20of parental rights to the child.

21(B) Assesses the birth parents, prospective adoptive parents, or
22child.

23(C) Places children for adoption.

24(D) Supervises adoptive placements.

25Private full-service adoption agencies shall be organized and
26operated on a nonprofit basis. As a condition of licensure to provide
27intercountry adoption services, a full-service adoption agency shall
28be accredited and in good standing according to Part 96 of Title
2922 of the Code of Federal Regulations, or supervised by an
30accredited primary provider, or acting as an exempted provider,
31in compliance with Subpart F (commencing with Section 96.29)
32of Part 96 of Title 22 of the Code of Federal Regulations.

33(10) “Noncustodial adoption agency” means any licensed entity
34engaged in the business of providing adoption services, that does
35all of the following:

36(A) Assesses the prospective adoptive parents.

37(B) Cooperatively matches children freed for adoption, who are
38under the care, custody, and control of a licensed adoption agency,
39for adoption, with assessed and approved adoptive applicants.

P30   1(C) Cooperatively supervises adoptive placements with a
2full-service adoption agency, but does not disrupt a placement or
3remove a child from a placement.

4Private noncustodial adoption agencies shall be organized and
5operated on a nonprofit basis. As a condition of licensure to provide
6intercountry adoption services, a noncustodial adoption agency
7shall be accredited and in good standing according to Part 96 of
8Title 22 of the Code of Federal Regulations, or supervised by an
9accredited primary provider, or acting as an exempted provider,
10in compliance with Subpart F (commencing with Section 96.29)
11of Part 96 of Title 22 of the Code of Federal Regulations.

12(11) “Transitional shelter care facility” means any group care
13facility that provides for 24-hour nonmedical care of persons in
14need of personal services, supervision, or assistance essential for
15sustaining the activities of daily living or for the protection of the
16individual. Program components shall be subject to program
17standards developed by the State Department of Social Services
18pursuant to Section 1502.3.

19(12) “Transitional housing placement provider” means an
20organization licensed by the department pursuant to Section
211559.110 and Section 16522.1 of the Welfare and Institutions Code
22to provide transitional housing to foster children at least 16 years
23of age and not more than 18 years of age, and nonminor
24dependents, as defined in subdivision (v) of Section 11400 of the
25Welfare and Institutions Code, to promote their transition to
26adulthood. A transitional housing placement provider shall be
27privately operated and organized on a nonprofit basis.

28(13) “Group home” means a residential facility that provides
2924-hour care and supervision to children, delivered at least in part
30by staff employed by the licensee in a structured environment. The
31care and supervision provided by a group home shall be
32nonmedical, except as otherwise permitted by law.

33(14) “Runaway and homeless youth shelter” means a group
34home licensed by the department to operate a program pursuant
35to Section 1502.35 to provide voluntary, short-term, shelter and
36personal services to runaway youth or homeless youth, as defined
37in paragraph (2) of subdivision (a) of Section 1502.35.

38(15) “Enhanced behavioral supports home” means a facility
39certified by the State Department of Developmental Services
40pursuant to Article 3.6 (commencing with Section 4684.80) of
P31   1Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
2and licensed by the State Department of Social Services as an adult
3residential facility or a group home that provides 24-hour
4nonmedical care to individuals with developmental disabilities
5who require enhanced behavioral supports, staffing, and
6supervision in a homelike setting. An enhanced behavioral supports
7home shall have a maximum capacity of four consumers, shall
8conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
9Regulations, and shall be eligible for federal Medicaid home- and
10community-based services funding.

11(16) “Community crisis home” means a facility certified by the
12State Department of Developmental Services pursuant to Article
138 (commencing with Section 4698) of Chapter 6 of Division 4.5
14of the Welfare and Institutions Code, and licensed by the State
15Department of Social Services pursuant to Article 9.7 (commencing
16with Section 1567.80), as an adult residential facility, providing
1724-hour nonmedical care to individuals with developmental
18disabilities receiving regional center service, in need of crisis
19intervention services, and who would otherwise be at risk of
20admission to the acute crisis center at Fairview Developmental
21Center, Sonoma Developmental Center, an acute general hospital,
22acute psychiatric hospital, an institution for mental disease, as
23described in Part 5 (commencing with Section 5900) of Division
245 of the Welfare and Institutions Code, or an out-of-state
25placement. A community crisis home shall have a maximum
26capacity of eight consumers, as defined in subdivision (a) of
27Section 1567.80, shall conform to Section 441.530(a)(1) of Title
2842 of the Code of Federal Regulations, and shall be eligible for
29federal Medicaid home- and community-based services funding.

30(17) “Crisis nursery” means a facility licensed by the department
31to operate a program pursuant to Section 1516 to provide short-term
32care and supervision for children under six years of age who are
33voluntarily placed for temporary care by a parent or legal guardian
34due to a family crisis or stressful situation.

35(18) “Short-term residential therapeutic program” means a
36residential facility operated by a public agency or private
37organization and licensed by the department pursuant to Section
381562.01 that provides an integrated program of specialized and
39intensive care and supervision, services and supports, treatment,
40and short-term, 24-hour care and supervision to children. The care
P32   1and supervision provided by a short-term residential therapeutic
2program shall be nonmedical, except as otherwise permitted by
3law. Private short-term residential therapeutic programs shall be
4organized and operated on a nonprofit basis.

5(b) “Department” or “state department” means the State
6Department of Social Services.

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

8

begin deleteSEC. 14.end delete
9
begin insertSEC. 16.end insert  

Section 1502.4 of the Health and Safety Code, as
10added by Section 8 of Chapter 773 of the Statutes of 2015, is
11amended to read:

12

1502.4.  

(a) A licensed short-term residential therapeutic
13program, as defined in paragraph (18) of subdivision (a) of Section
141502, may only accept for placement a child who does not require
15inpatient care in a licensed health facility and who has been
16assessed pursuant to Section 11462.01 of the Welfare and
17Institutions Code as meeting the applicable criteria for placement
18in a short-term residential therapeutic program.

19(b) For the purposes of this chapter, the following definitions
20shall apply:

21(1) “Health facility” has the meaning set forth in Section 1250.

22(2) “Seriously emotionally disturbed” has the same meaning as
23that term is used in subdivision (a) of Section 5600.3 of the Welfare
24and Institutions Code.

25(c) The department shall not evaluate, nor have any
26responsibility or liability with regard to the evaluation of, the
27mental health treatment services provided pursuant to this section.

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

29

begin deleteSEC. 15.end delete
30
begin insertSEC. 17.end insert  

Section 1506 of the Health and Safety Code is
31amended to read:

32

1506.  

(a) (1) A foster family agency may use only a certified
33family home or a resource family that has been certified or
34approved by that agency or, pursuant to Section 1506.5, a licensed
35foster family home or a county-approved resource family approved
36for this use by the county.

37(2) Any home selected and certified or approved for the
38reception and care of children by a foster family agency is not
39subject to Section 1508. A certified family home or a resource
P33   1family of a foster family agency shall not be licensed as a
2residential facility.

3(3) A child with a developmental disability who is placed in a
4certified family home or with a resource family by a foster family
5agency that is operating under agreement with the regional center
6responsible for that child may remain in the certified family home
7or with the resource family after 18 years of age. The determination
8regarding whether and how long he or she may remain as a resident
9after 18 years of age shall be made through the agreement of all
10parties involved, including the resident, the certified parent or
11resource family, the foster family agency social worker, the
12resident’s regional center case manager, and the resident’s parent,
13legal guardian, or conservator, as appropriate. This determination
14shall include a needs and service plan that contains an assessment
15of the child’s needs to ensure continued compatibility with the
16other children in placement. The needs and service plan shall be
17completed no more than six months prior to the child’s 18th
18birthday. The assessment shall be documented and maintained in
19the child’s file with the foster family agency.

20(b) (1) A foster family agency shall certify to the department
21that the certified family home has met the department’s licensing
22standards. A foster family agency may require a certified family
23home to meet additional standards or be compatible with its
24treatment approach.

25(2) The foster family agency shall issue a certificate of approval
26to the certified family home upon its determination that it has met
27the standards established by the department and before the
28placement of any child in the home. The certificate shall be valid
29for a period not to exceed one year. The annual recertification shall
30require a certified family home to complete at least eight hours of
31structured applicable training or continuing education. At least
32one hour of training during the first six months following initial
33certification shall be dedicated to meeting the requirements of
34paragraph (1) of subdivision (b) of Section 11174.1 of the Penal
35Code.

36(3) If the agency determines that the home no longer meets the
37standards, it shall notify the department and the local placing
38agency.

39(4) This subdivision shall apply to foster family agencies only
40until December 31, 2019, in accordance with Section 1517.

P34   1(c) As used in this chapter, “certified family home” means an
2individual or family certified by a licensed foster family agency
3and issued a certificate of approval by that agency as meeting
4licensing standards, and used exclusively by that foster family
5agency for placements.

6(d) (1) A foster family agency shall not accept applications to
7certify foster homes and shall instead approve resource families
8pursuant to Section 1517.

9(2) (A) A foster family agency that chooses not to approve
10resource families shall not recruit any new applicants, but may
11continue to coordinate with county placing agencies to find homes
12for foster children with its existing certified family homes, as
13authorized by the department.

14(B) No later than July 1, 2017, a foster family agency described
15in subparagraph (A) shall, in addition to the notification required
16in paragraph (4) of subdivision (f) of Section 1517, notify its
17certified family homes that, in order to care for foster children
18after December 31, 2019, a certified family is required to submit
19an application for resource family approval to the county in which
20the home is located or to a foster family agency that approves
21resource families and shall complete the approval process no later
22than December 31, 2019.

23(e) (1) Requirements for social work personnel for a foster
24family agency shall be a master’s degree from an accredited or
25state-approved graduate school in social work or social welfare,
26or equivalent education and experience, as determined by the
27department.

28(2) Persons who possess a master’s degree from an accredited
29or state-approved graduate school in any of the following areas,
30or equivalent education and experience, as determined by the
31department, shall be considered to be qualified to perform social
32work activities in a foster family agency:

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

34(B) Child psychology.

35(C) Child development.

36(D) Counseling psychology.

37(E) Social psychology.

38(F) Clinical psychology.

P35   1(G) Educational psychology, consistent with the scope of
2practice as described in Section 4989.14 of the Business and
3Professions Code.

4(H) Education, with emphasis on counseling.

5(I) A subject area that is functionally equivalent to those listed
6in subparagraphs (A) to (H), inclusive, as set forth by the
7department.

8(f) (1) In addition to the degree specifications in subdivision
9(e), all of the following coursework and field practice or
10experience, as defined in departmental regulations, shall be required
11of all new hires for the position of social work personnel effective
12January 1, 1995:

13(A) At least three semester units of field practice at the master’s
14level or six months’ full-time equivalent experience in a public or
15private social service agency setting.

16(B) At least nine semester units of coursework related to human
17development or human behavior, or, within the first year of
18employment, experience working with children and families as a
19major responsibility of the position under the supervision of a
20supervising social worker.

21(C) At least three semester units in working with minority
22populations or six months of experience in working with minority
23populations or training in cultural competency and working with
24minority populations within the first six months of employment
25as a condition of employment.

26(D) At least three semester units in child welfare or at least six
27months of experience in a public or private child welfare social
28services setting for a nonsupervisory social worker. A supervising
29social worker shall have two years’ experience in a public or private
30child welfare social services setting.

31(2) (A) Persons who do not meet the requirements specified in
32subdivision (e) or this subdivision may apply for an exception as
33provided for in subdivisions (h) and (i).

34(B) Exceptions granted by the department prior to January 1,
351995, shall remain in effect.

36(3) (A) Persons who are hired as social work personnel on or
37after January 1, 1995, who do not meet the requirements listed in
38this subdivision shall be required to successfully meet those
39requirements in order to be employed as social work personnel in
40a foster family agency.

P36   1(B) Employees who were hired prior to January 1, 1995, shall
2not be required to meet the requirements of this subdivision in
3order to remain employed as social work personnel in a foster
4family agency.

5(4) Coursework and field practice or experience completed to
6fulfill the degree requirements of subdivision (e) may be used to
7satisfy the requirements of this subdivision.

8(g) In addition to the degree specifications in subdivision (e)
9and the coursework and field practice or experience described in
10subdivision (f), social work personnel shall meet core competencies
11to participate in the assessment and evaluation of an applicant or
12resource family, as determined by the department in written
13directives or regulations adopted pursuant to Section 16519.5 of
14the Welfare and Institutions Code.

15(h) Individuals seeking an exception to the requirements of
16subdivision (e) or (f) based on completion of equivalent education
17and experience shall apply to the department by the process
18established by the department.

19(i) The department shall be required to complete the process for
20the exception to minimum education and experience requirements
21described in subdivisions (e) and (f) within 30 days of receiving
22the exception application of social work personnel or supervising
23social worker qualifications from the foster family agency.

24(j) For purposes of this section, “social work personnel” means
25supervising social workers as well as nonsupervisory social
26 workers.

27

begin deleteSEC. 16.end delete
28
begin insertSEC. 18.end insert  

Section 1506.1 of the Health and Safety Code is
29amended to read:

30

1506.1.  

(a) A foster family agency shall prepare and maintain
31a current, written plan of operation as required by the department.

32(b) (1) A foster family agency shall have national accreditation
33from an entity identified by the department pursuant to the process
34described in paragraph (8) of subdivision (b) of Section 11463 of
35the Welfare and Institutions Code.

36(2) The following applies to a foster family agency licensed
37before January 1, 2017:

38(A) The foster family agency shall have until December 31,
392018, to obtain accreditation.

P37   1(B) The foster family agency shall submit documentation of
2accreditation or application for accreditation to the department in
3a time and manner as determined by the department.

4(C) The foster family agency shall provide documentation to
5the department reporting its accreditation status as of January 1,
62018, and July 1, 2018, in a time and manner as determined by the
7department.

8(3) The following applies to a foster family agency licensed on
9or after January 1, 2017:

10(A) The foster family agency shall have up to 24 months from
11the date of licensure to obtain accreditation.

12(B) The foster family agency applicant shall submit
13documentation of accreditation or application for accreditation
14with its application for licensure.

15(C) The foster family agency shall provide documentation to
16the department reporting its accreditation status at 12 months and
17at 18 months after the date of licensure.

18(4) This subdivision does not preclude the department from
19requesting additional information from the foster family agency
20regarding its accreditation status.

21(5) The department may revoke a foster family agency’s license
22pursuant to Article 5 (commencing with Section 1550) for failure
23to obtain accreditation within the timeframes specified in this
24subdivision.

25(c) On and after January 1, 2017, a foster family agency’s plan
26of operation shall include a program statement. The program
27statement shall contain a description of all of the following:

28(1) The core services and supports, as set forth in paragraph (5)
29of subdivision (b) of Section 11463 of the Welfare and Institutions
30Code, and as prescribed by the department, to be offered to children
31and their families, as appropriate or as necessary.

32(2) The treatment practices that will be used in serving children
33and families.

34(3) The procedures for the development, implementation, and
35periodic updating of the needs and services plan for children placed
36with the foster family agency or served by the foster family agency,
37consistent with the case plans as developed by the county placing
38agency, that support the reasonable and prudent parent standard,
39as defined in Section 362.05 of the Welfare and Institutions Code,
40and procedures for collaborating with the child and family team
P38   1as described in paragraph (4) of subdivision (a) of Section 16501
2of the Welfare and Institutions Code, that includes, but is not
3limited to, a description of the services to be provided to meet the
4treatment needs of children assessed.

5(4) (A) How the foster family agency will comply with the
6resource family approval standards and requirements, as set forth
7in Section 1517.

8(B) A foster family agency that chooses not to approve resource
9families pursuant to Section 1517 shall describe in the program
10statement the transition plan for its certified family homes to obtain
11resource family approval prior to December 31, 2019.

12(5) The population or populations to be served.

13(6) The ability to support the differing needs of children and
14their families.

15(7) The plan for the supervision, evaluation, and training of
16staff. The training plan shall be appropriate to meet the needs of
17children, and it shall be consistent with the training provided to
18resource families as set forth in Section 16519.5 of the Welfare
19and Institutions Code.

20(8) The ability to provide or arrange for treatment services to
21meet the individual needs of children placed in certified family
22homes or with resource families, as specified in Section 11402 of
23the Welfare and Institutions Code.

24(9) The plan for the training, supervision, and support of
25resource families to meet the appropriate needs of children,
26consistent with the training requirements set forth in Section
2716519.5 of the Welfare and Institutions Code. To the extent
28possible, the foster family agency training plan for resource
29families shall be consistent with the training requirements set forth
30by the county child welfare placing agency.

31(10) The agency or agencies that the foster family agency has
32partnered with, either formally or informally, to provide additional
33supports and services to families and children during care and
34postpermanency.

35(11) The plan for participation in child and family teams and
36supporting the participation of the agency’s resource families in
37those teams, as appropriate.

38(12) Any other information that may be prescribed by the
39department for the proper administration of this section.

P39   1(d) In addition to the rules and regulations adopted pursuant to
2this chapter, a county licensed to operate a foster family agency
3shall describe, in the plan of operation, its conflict-of-interest
4mitigation plan, on and after January 1, 2017, as set forth in
5subdivision (g) of Section 11462.02 of the Welfare and Institutions
6Code.

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

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

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

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

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

28(2) A foster family agency shall submit a copy of its program
29statement to all county placing agencies with which placements
30are coordinated or for which services are provided, including the
31county in which the facility is located, for optional review when
32the foster family agency updates its program statement.

33(f) The department shall have the authority to inspect a foster
34family agency pursuant to the system of governmental monitoring
35and oversight developed by the department on and after January
361, 2017, pursuant to subdivision (c) of Section 11463 of the
37Welfare and Institutions Code.

38

begin deleteSEC. 17.end delete
39
begin insertSEC. 19.end insert  

Section 1506.3 of the Health and Safety Code is
40amended to read:

P40   1

1506.3.  

A foster family agency shall employ one full-time
2social work supervisor for every eight social workers or fraction
3thereof in the agency.

4

begin deleteSEC. 18.end delete
5
begin insertSEC. 20.end insert  

Section 1506.5 of the Health and Safety Code is
6amended to read:

7

1506.5.  

(a) Foster family agencies shall not use foster family
8homes licensed by a county or resource families approved by a
9county without the approval of the licensing or approving county.
10When approval is granted, a written agreement between the foster
11family agency and the county shall specify the nature of
12administrative control and case management responsibility and
13the nature and number of the children to be served in the home.

14(b) Before a foster family agency may use a licensed foster
15family home it shall review and, with the exception of a new
16fingerprint clearance, qualify the home in accordance with Section
171506.

18(c) When approval is granted pursuant to subdivision (a), and
19for the duration of the agreement permitting the foster family
20agency use of the licensed foster family home or county-approved
21resource family, no child shall be placed in that home except
22through the foster family agency.

23(d) Nothing in this section shall transfer or eliminate the
24responsibility of the placing agency for the care, custody, or control
25of the child. Nothing in this section shall relieve a foster family
26agency of its responsibilities for or on behalf of a child placed with
27it.

28(e) (1) If an application to a foster family agency for a certificate
29of approval indicates, or the department determines during the
30application review process, that the applicant previously was issued
31a license under this chapter or under Chapter 1 (commencing with
32Section 1200), Chapter 2 (commencing with Section 1250), Chapter
333.01 (commencing with Section 1568.01), Chapter 3.2
34(commencing with Section 1569), Chapter 3.4 (commencing with
35Section 1596.70), Chapter 3.5 (commencing with Section 1596.90),
36or Chapter 3.6 (commencing with Section 1597.30) and the prior
37license was revoked within the preceding two years, the foster
38family agency shall cease any further review of the application
39until two years have elapsed from the date of the revocation.

P41   1(2) If an application to a foster family agency for a certificate
2of approval indicates, or the department determines during the
3application review process, that the applicant previously was issued
4a certificate of approval by a foster family agency that was revoked
5by the department pursuant to subdivision (b) of Section 1534
6within the preceding two years, the foster family agency shall cease
7any further review of the application until two years have elapsed
8from the date of the revocation.

9(3) If an application to a foster family agency for a certificate
10of approval indicates, or the department determines during the
11application review process, that the applicant was excluded from
12a facility licensed by the department or from a certified family
13home pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
14the foster family agency shall cease any further review of the
15application unless the excluded person has been reinstated pursuant
16to Section 11522 of the Government Code by the department.

17(4) The cessation of review shall not constitute a denial of the
18application for purposes of subdivision (b) of Section 1534 or any
19other law.

20(f) (1) If an application to a foster family agency for a certificate
21of approval indicates, or the department determines during the
22application review process, that the applicant had previously
23applied for a license under any of the chapters listed in paragraph
24(1) of subdivision (e) and the application was denied within the
25last year, the foster family agency shall cease further review of the
26application as follows:

27(A) When the applicant petitioned for a hearing, the foster family
28agency shall cease further review of the application until one year
29has elapsed from the effective date of the decision and order of
30the department upholding a denial.

31(B) When the department informed the applicant of his or her
32right to petition for a hearing and the applicant did not petition for
33a hearing, the foster family agency shall cease further review of
34the application until one year has elapsed from the date of the
35notification of the denial and the right to petition for a hearing.

36(2) The foster family agency may continue to review the
37application if the department has determined that the reasons for
38the denial of the application were due to circumstances and a
39condition that either have been corrected or are no longer in
40existence.

P42   1(3) The cessation of review shall not constitute a denial of the
2application for purposes of subdivision (b) of Section 1534 or any
3other law.

4(g) (1) If an application to a foster family agency for a
5certificate of approval indicates, or the department determines
6during the application review process, that the applicant had
7previously applied for a certificate of approval with a foster family
8agency and the department ordered the foster family agency to
9deny the application pursuant to subdivision (b) of Section 1534,
10the foster family agency shall cease further review of the
11application as follows:

12(A) In cases where the applicant petitioned for a hearing, the
13foster family agency shall cease further review of the application
14until one year has elapsed from the effective date of the decision
15and order of the department upholding a denial.

16(B) In cases where the department informed the applicant of his
17or her right to petition for a hearing and the applicant did not
18petition for a hearing, the foster family agency shall cease further
19review of the application until one year has elapsed from the date
20of the notification of the denial and the right to petition for a
21hearing.

22(2) The foster family agency may continue to review the
23application if the department has determined that the reasons for
24the denial of the application were due to circumstances and
25conditions that either have been corrected or are no longer in
26existence.

27(3) The cessation of review shall not constitute a denial of the
28application for purposes of subdivision (b) of Section 1534 or any
29other law.

30(h) Subdivisions (e), (f), and (g) shall apply only to certified
31family home applications received on or before December 31,
322016, in accordance with Section 1517.

33

begin deleteSEC. 19.end delete
34
begin insertSEC. 21.end insert  

Section 1506.6 of the Health and Safety Code is
35amended to read:

36

1506.6.  

(a) It is the intent of the Legislature that public and
37private efforts to recruit foster parents not be competitive and that
38the total number of foster parents be increased.

39(b) A foster family agency shall not certify a family home that
40is licensed by the department or a county. A licensed foster family
P43   1home shall forfeit its license, pursuant to subdivision (b) of Section
21524, concurrent with final certification by the foster family
3agency. The department or a county shall not license a family home
4that is certified by a foster family agency. A certified family home
5shall forfeit its certificate concurrent with final licensing by the
6department or a county.

7(c) (1) A licensed foster family home shall forfeit its license,
8pursuant to subdivision (b) of Section 1524, concurrent with
9resource family approval by a foster family agency or a county.

10(2) A certified family home shall forfeit its certificate of
11approval concurrent with resource family approval by a foster
12family agency, pursuant to subdivision (f) of Section 1517, or a
13county.

14(3) A resource family approved pursuant to Section 1517 shall
15forfeit its approval concurrent with resource family approval by
16another foster family agency or a county.

17

begin deleteSEC. 20.end delete
18
begin insertSEC. 22.end insert  

Section 1506.7 of the Health and Safety Code is
19amended to read:

20

1506.7.  

(a) A foster family agency shall require the owner or
21operator of a family home applying for certification to sign an
22application that shall contain, but shall not be limited to, the
23following information:

24(1) Whether the applicant has been certified, and by which foster
25family agency.

26(2) Whether the applicant has been decertified, and by which
27foster family agency.

28(3) Whether a placement hold has been placed on the applicant
29by a foster family agency, and by which foster family agency.

30(4) Whether the applicant has been a foster home licensed by a
31county or by the state and, if so, by which county or state, or
32whether the applicant has been approved for relative placement
33by a county and, if so, by which county.

34(b) (1) The application form signed by the owner or operator
35of the family home applying for certification shall contain notice
36to the applicant for certification that the foster family agency is
37required to check references of all foster family agencies that have
38previously certified the applicant and of all state or county licensing
39offices that have licensed the applicant as a foster parent, and that
40the signing of the application constitutes the authorization of the
P44   1applicant for the foster family agency to conduct its check of
2references.

3(2) The application form signed by the owner or operator of the
4family home applying for certification shall be signed with a
5 declaration by the applicant that the information submitted is true,
6correct, and contains no material omissions of fact to the best
7knowledge and belief of the applicant. Any person who declares
8as true any material matter pursuant to this section that he or she
9knows to be false is guilty of a misdemeanor. The application shall
10include a statement that submitting false information is a violation
11of law punishable by incarceration, a fine, or both incarceration
12and a fine.

13(c) This section shall apply only to certified family home
14applications received on or before December 31, 2016, in
15accordance with Section 1517.

16

begin deleteSEC. 21.end delete
17
begin insertSEC. 23.end insert  

Section 1506.8 of the Health and Safety Code is
18amended to read:

19

1506.8.  

(a) Before certifying a family home, a foster family
20agency shall contact any foster family agencies by whom an
21applicant has been previously certified and any state or county
22licensing offices that have licensed the applicant as a foster parent,
23and shall conduct a reference check as to the applicant.

24(b) This section shall apply only to certified family home
25applications received on or before December 31, 2016, in
26accordance with Section 1517.

27

begin deleteSEC. 22.end delete
28
begin insertSEC. 24.end insert  

Section 1507.25 of the Health and Safety Code is
29amended to read:

30

1507.25.  

(a) (1) Notwithstanding any other law, a person
31described in paragraph (2), who is not a licensed health care
32professional, but who is trained to administer injections by a
33licensed health care professional practicing within his or her scope
34of practice, may administer emergency medical assistance and
35injections for severe diabetic hypoglycemia and anaphylactic shock
36to a foster child in placement.

37(2) The following individuals shall be authorized to administer
38emergency medical assistance and injections in accordance with
39this subdivision:

40(A) A relative caregiver.

P45   1(B) A nonrelative extended family member.

2(C) A foster family home parent.

3(D) A member of a resource family, as defined in subdivision
4(c) of Section 16519.5 of the Welfare and Institutions Code.

5(E) A small family home parent.

6(F) A certified parent of a foster family agency.

7(G) A substitute caregiver of a foster family home or a certified
8family home.

9(H) A staff member of a small family home or a group home
10who provides direct care and supervision to children and youth
11residing in the small family home or group home.

12(I) A staff member of a short-term residential therapeutic
13program who provides direct care and supervision to children and
14youth residing in the short-term residential therapeutic program.

15(3) The licensed health care professional shall periodically
16review, correct, or update training provided pursuant to this section
17as he or she deems necessary and appropriate.

18(b) (1) Notwithstanding any other law, a person described in
19paragraph (2), who is not a licensed health care professional, but
20who is trained to administer injections by a licensed health care
21professional practicing within his or her scope of practice, may
22administer subcutaneous injections of other medications, including
23insulin, as prescribed by the child’s physician, to a foster child in
24placement.

25(2) The following individuals shall be authorized to give
26prescribed injections including insulin in accordance with this
27subdivision:

28(A) A relative caregiver.

29(B) A nonrelative extended family member.

30(C) A foster family home parent.

31(D) A member of a resource family, as defined in subdivision
32(c) of Section 16519.5 of the Welfare and Institutions Code.

33(E) A small family home parent.

34(F) A certified parent of a foster family agency.

35(G) In the absence of a foster parent, a designated substitute
36caregiver in a foster family home or a certified family home.

37(H) A direct care staff member of a short-term residential
38therapeutic program who provides direct care and supervision to
39children and youth residing in the short-term residential therapeutic
40program.

P46   1(3) The licensed health care professional shall periodically
2review, correct, or update training provided pursuant to this section
3as he or she deems necessary and appropriate.

4(c) For purposes of this section, administration of an insulin
5injection shall include all necessary supportive activities related
6to the preparation and administration of the injection, including
7glucose testing and monitoring.

8(d) Notwithstanding Part 5.5 (commencing with Section 17700)
9of Division 9 of, and particularly subdivision (g) of Section 17710
10of, the Welfare and Institutions Code, a child’s need to receive
11injections pursuant to this section shall not be the sole basis for
12determining that the child has a medical condition requiring
13specialized in-home health care.

14(e) This section does not supersede the requirements of Section
15369.5 of the Welfare and Institutions Code, with respect to the
16administration of psychotropic medication to a dependent child of
17the court.

18

begin deleteSEC. 23.end delete
19
begin insertSEC. 25.end insert  

Section 1517 of the Health and Safety Code is
20amended to read:

21

1517.  

(a) (1) Pursuant to subdivision (a) of Section 16519.5
22of the Welfare and Institutions Code, the State Department of
23Social Services, shall implement a unified, family friendly, and
24child-centered resource family approval process to replace the
25existing multiple processes for licensing foster family homes,
26certifying foster homes by licensed foster family agencies,
27approving relatives and nonrelative extended family members as
28foster care providers, and approving guardians and adoptive
29families.

30(2) For purposes of this section, a “resource family” means an
31individual or family that has successfully met both the home
32environment assessment and the permanency assessment criteria,
33as set forth in Section 16519.5 of the Welfare and Institutions
34 Code, necessary for providing care for a related or unrelated child
35who is under the jurisdiction of the juvenile court, or otherwise in
36the care of a county child welfare agency or probation department.

37(3) For purposes of this chapter, “resource family approval”
38means that the applicant or resource family successfully meets the
39home environment assessment and permanency assessment
40standards adopted pursuant to subdivision (d) of Section 16519.5
P47   1of the Welfare and Institutions Code. This approval is in lieu of a
2certificate of approval issued by a licensed foster family agency
3pursuant to subdivision (b) of Section 1506.

4(4) Approval of a resource family does not guarantee an initial,
5continued, or adoptive placement of a child with a resource family.
6Approval of a resource family does not guarantee the establishment
7of a legal guardianship of a child with a resource family. There is
8no fundamental right to resource family approval.

9(5) (A) Notwithstanding paragraphs (1) to (4), inclusive, a foster
10family agency shall cease any further review of an application if
11the applicant has had a previous application denial within the
12preceding year by the department or county, or if the applicant has
13had a previous rescission, revocation, or exemption denial or
14exemption rescission by the department or county within the
15preceding two years.

16(B) Notwithstanding subparagraph (A), a foster family agency
17may continue to review an application if it has determined that the
18reasons for the previous denial, rescission, or revocation were due
19to circumstances and conditions that either have been corrected or
20are no longer in existence.

21(C) If an individual was excluded from a resource family home
22or facility licensed by the department, a foster family agency shall
23cease review of the individual’s application unless the excluded
24individual has been reinstated pursuant to Section 11522 of the
25Government Code and subdivision (h) of Section 1558 of this
26code.

27(D) The cessation of review shall not constitute a denial of the
28application for purposes of this section, Section 16519.5 of the
29Welfare and Institutions Code, or any other law.

30(6) A resource family shall meet the approval standards set forth
31in Section 16519.5 of the Welfare and Institutions Code, comply
32with the written directives or regulations adopted pursuant to
33Section 16519.5 of the Welfare and Institutions Code, and comply
34with other applicable federal and state laws in order to maintain
35approval.

36(7) A resource family may be approved by the department or a
37county pursuant to Section 16519.5 of the Welfare and Institutions
38Code or by a foster family agency pursuant to this section.

39(b) (1) A foster family agency shall comply with the provisions
40of this section.

P48   1(2) Notwithstanding any other law, a foster family agency shall
2require its applicants and resource families to meet the resource
3family approval standards set forth in Section 16519.5 of the
4Welfare and Institutions Code, the written directives or regulations
5adopted thereto, and other applicable laws prior to approval and
6in order to maintain approval.

7(3) A foster family agency shall be responsible for all of the
8following:

9(A) Complying with the applicable provisions of this chapter,
10the regulations for foster family agencies, the resource family
11approval standards and requirements set forth in Article 2
12(commencing with Section 16519.5) of Chapter 5 of Part 4 of
13Division 9 of the Welfare and Institutions Code, and the applicable
14written directives or regulations adopted thereto by the department.

15(B) Implementing the requirements for the resource family
16approval and utilizing standardized documentation established by
17the department.

18(C) Ensuring staff have the education, experience, and core
19competencies necessary to participate in the assessment and
20evaluation of an applicant or resource family.

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

22(i) (I) Approving or denying resource family applications,
23including preparing a written evaluation of an applicant’s capacity
24to foster, adopt, or provide legal guardianship of a child based on
25all of the information gathered through the resource family
26application and assessment processes.

27(II) Considering the applicant’s preference to provide a specific
28level of permanency, including adoption, guardianship, or, in the
29case of a relative, placement with a fit and willing relative, shall
30not be a basis to deny an application.

31(ii) Rescinding approvals of resource families.

32(E) Providing to the department a log of resource families that
33were approved or had approval rescinded during the month by the
3410th day of the following month.

35(F) (i) Updating resource family approval annually and as
36necessary to address any changes that have occurred in the resource
37family’s circumstances, including, but not limited to, moving to
38a new home location or commencing operation of a family day
39care home, as defined in Section 1596.78.

P49   1(ii) A foster family agency shall conduct an announced
2inspection of a resource family home during the annual update,
3and as necessary to address any changes specified in clause (i), to
4ensure that the resource family is conforming to all applicable laws
5and the written directives or regulations adopted pursuant to
6Section 16519.5 of the Welfare and Institutions Code.

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

8(i) Ensuring that social workers who identify a condition in the
9home that may not meet the resource family approval standards
10while in the course of a routine visit to children subsequently
11placed with a resource family take appropriate action as needed.

12(ii) Requiring resource families to meet the approval standards
13set forth in Section 16519.5 of the Welfare and Institutions Code
14and to comply with the written directives or regulations adopted
15thereto, other applicable laws, and corrective action plans as
16necessary to correct identified deficiencies. If corrective action is
17not completed as specified in the plan, the foster family agency or
18the department may rescind the approval of the resource family
19or take other administrative action in accordance with applicable
20law or the written directives or regulations adopted pursuant to
21Section 16519.5 of the Welfare and Institutions Code.

22(iii) Requiring resource families to report to the foster family
23agency any incidents as specified in the written directives or
24regulations adopted pursuant to Section 16519.5 of the Welfare
25and Institutions Code.

26(iv) Inspecting resource family homes as often as necessary to
27ensure the quality of care provided.

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

29(I) Submitting information and data that the department
30determines is necessary to study, monitor, and prepare the report
31specified in paragraph (6) of subdivision (f) of Section 16519.5 of
32the Welfare and Institutions Code.

33(J) (i) Ensuring applicants and resource families meet the
34training requirements, and, if applicable, the specialized training
35requirements set forth in Section 16519.5 of the Welfare and
36Institutions Code.

37(ii) Nothing in this section shall preclude a foster family agency
38from requiring training in excess of the requirements in this section.

P50   1(4) A foster family agency may cooperatively match a child
2who is under the care, custody, and control of a county with a
3 resource family for initial placement.

4(c) In addition to subdivision (f) of Section 16519.5 of the
5Welfare and Institutions Code, the State Department of Social
6Services shall be responsible for all of the following:

7(1) Requiring foster family agencies to monitor resource
8families, including, but not limited to, inspecting resource family
9homes, developing and monitoring resource family corrective
10action plans to correct identified deficiencies, and rescinding
11resource family approval if compliance with a corrective action
12plan is not achieved.

13(2) Investigating all complaints against a resource family
14approved by a foster family agency and taking any action it deems
15necessary. This shall include investigating any incidents reported
16about a resource family indicating that the approval standard is
17not being maintained. Complaint investigations shall be conducted
18in accordance with the written directives or regulations adopted
19pursuant to Section 16519.5 of the Welfare and Institutions Code.
20A foster family agency shall not conduct an internal investigation
21regarding an incident report or complaint against a resource family
22that interferes with an investigation being conducted by the
23department.

24(3) Rescinding approvals of a resource family approved by a
25foster family agency.

26(4) Excluding a resource family parent or other individual from
27presence in a resource family home or licensed community care
28facility, from being a member of the board of directors, an
29executive director, or an officer of a licensed community care
30facility, or prohibiting a licensed community care facility from
31employing the resource family parent or other individual, if
32appropriate.

33(5) Issuing a temporary suspension order that suspends the
34resource family approval prior to a hearing, when urgent action is
35needed to protect a child from physical or mental abuse,
36abandonment, or any other substantial threat to health or safety.

37(6) Providing a resource family parent, applicant, excluded
38individual, or individual who is the subject of a criminal record
39exemption decision with due process pursuant to Section 16519.6
40of the Welfare and Institutions Code.

P51   1(d) The department may enter and inspect the home of a resource
2 family approved by a foster family agency to secure compliance
3with the resource family approval standards, investigate a
4complaint or incident, or ensure the quality of care provided.

5(e) Nothing in this section or in Article 2 (commencing with
6Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the
7Welfare and Institutions Code limits the authority of the department
8to inspect, evaluate, investigate a complaint or incident, or initiate
9a disciplinary action against a foster family agency pursuant to
10this chapter or to take any action it may deem necessary for the
11health and safety of children placed with the foster family agency.

12(f) (1) The applicable certification and oversight processes shall
13continue to be administered for foster homes certified by a foster
14family agency prior to January 1, 2017, or as specified in paragraph
15(2), until the certification is revoked or forfeited by operation of
16law pursuant to this subdivision.

17(2) Notwithstanding paragraph (3), a foster family agency shall
18approve or deny all certified family home applications received
19on or before December 31, 2016, in accordance with this chapter.

20(3) On and after January 1, 2017, a foster family agency shall
21not accept applications to certify foster homes and shall approve
22resource families in lieu of certifying foster homes.

23(4) No later than July 1, 2017, each foster family agency shall
24provide the following information to its certified family homes:

25(A) A detailed description of the resource family approval
26program.

27(B) Notification that, in order to care for a foster child, resource
28family approval is required by December 31, 2019.

29(C) Notification that a certificate of approval shall be forfeited
30by operation of law as specified in paragraph (7).

31(5) By no later than January 1, 2018, the following shall apply
32to all certified family homes:

33(A) A certified family home with an approved adoptive home
34study, completed prior to January 1, 2018, shall be deemed to be
35an approved resource family.

36(B) A certified family home that had a child in placement at
37any time between January 1, 2017, and December 31, 2017,
38inclusive, may be approved as a resource family on the date of
39successful completion of a psychosocial assessment pursuant to
P52   1subparagraph (B) of paragraph (3) of subdivision (d) of Section
216519.5 of the Welfare and Institutions Code.

3(6) A foster family agency may provide supportive services to
4all certified family homes with a child in placement to assist with
5the resource family transition and to minimize placement
6disruptions.

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

9(A) All certified family homes that did not have a child in
10placement at any time between January 1, 2017, and December
1131, 2017, inclusive, shall forfeit the certificate of approval by
12operation of law on January 1, 2018.

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

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

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

24

begin deleteSEC. 24.end delete
25
begin insertSEC. 26.end insert  

Section 1517.1 is added to the Health and Safety
26Code
, to read:

27

1517.1.  

(a) (1) Pursuant to subdivision (a) of Section 16519.5
28of the Welfare and Institutions Code, the State Department of
29Social Services shall implement a unified, family friendly, and
30child-centered resource family approval process to replace the
31existing multiple processes for licensing foster family homes,
32certifying foster homes by licensed foster family agencies,
33approving relatives and nonrelative extended family members as
34foster care providers, and approving guardians and adoptive
35families.

36(2) For purposes of this section, a “resource family” means an
37individual or family that has successfully met both the home
38environment assessment and the permanency assessment criteria,
39as set forth in Section 16519.5 of the Welfare and Institutions
40Code, necessary for providing care for a related or unrelated child
P53   1who is under the jurisdiction of the juvenile court, or otherwise in
2the care of a county child welfare agency or probation department.

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

8(2) The department shall approve or deny all foster family home
9license applications received on or before December 31, 2016, in
10accordance with this chapter.

11(3) On and after January 1, 2017, the department shall not accept
12 applications to license foster family homes.

13(4) By no later than January 1, 2018, the following shall apply
14to all foster family homes:

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

18(B) A foster family home that had a child in placement for any
19length of time between January 1, 2017, and December 31, 2017,
20inclusive, may be approved as a resource family on the date of
21successful completion of a psychosocial assessment pursuant to
22subparagraph (B) of paragraph (3) of subdivision (d) of Section
2316519.5 of the Welfare and Institutions Code.

24(5) All foster family home licenses shall be forfeited by
25operation of law on December 31, 2019, except as provided in this
26paragraph or Section 1524.

27(A) All licensed foster family homes that did not have a child
28in placement at any time between January 1, 2017, and December
2931, 2017, inclusive, shall forfeit the license by operation of law
30on January 1, 2018.

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

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

P54   1

begin deleteSEC. 25.end delete
2
begin insertSEC. 27.end insert  

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

4

1517.2.  

(a) The application form signed by a resource family
5applicant of a foster family agency shall be signed with a
6declaration by the applicant that the information submitted is true,
7correct, and contains no material omissions of fact to the best
8knowledge and belief of the applicant. Any person who willfully
9and knowingly, with the intent to deceive, makes a false statement
10or fails to disclose a material fact in his or her application is guilty
11of a misdemeanor.

12(b) Before approving a resource family, a foster family agency
13shall conduct a reference check of the applicant by contacting all
14of the following:

15(1) Any foster family agencies that have certified the applicant.

16(2) Any state or county licensing offices that have licensed the
17applicant as a foster family home.

18(3) Any counties that have approved the applicant as a relative
19or nonrelative extended family member.

20(4) Any foster family agencies or counties that have approved
21the applicant as a resource family.

22(5) Any state licensing offices that have licensed the applicant
23as a community care facility, child day care center, or family child
24care home.

25(c) The department, a county, or a foster family agency may
26request information from, or divulge information to, the
27department, a county, or a foster family agency regarding a
28prospective resource family for the purpose of conducting, and as
29necessary to conduct, a reference check to determine whether it is
30safe and appropriate to approve an applicant to be a resource
31family.

32

begin deleteSEC. 26.end delete
33
begin insertSEC. 28.end insert  

Section 1517.3 is added to the Health and Safety
34Code
, to read:

35

1517.3.  

(a) A person shall not incur civil liability as a result
36of providing the department with either of the following:

37(1) A foster family agency’s log of resource families that have
38been approved or have had approval rescinded.

P55   1(2) Notification of a foster family agency’s determination to
2rescind the approval of a resource family due to any of the
3following actions by a resource family parent:

4(A) Violation of Section 16519.5, the written directives or
5regulations adopted pursuant to Section 16519.5, or any other
6applicable law.

7(B) Aiding, abetting, or permitting the violation of Section
816519.5, the written directives or regulations adopted pursuant to
9Section 16519.5, or any other applicable law.

10(C) Conduct that poses a risk or threat to the health and safety,
11protection, or well-being of a child, or the people of the State of
12California.

13(D) Conviction at any time before or during his or her approval
14of a crime described in Section 1522.

15(E) Knowingly allowing a child to have illegal drugs, alcohol,
16or any tobacco product, as defined in subdivision (d) of Section
1722950.5 of the Business and Professions Code.

18(F) Committing an act of child abuse or neglect or an act of
19violence against another person.

20(b) The department, a county, or a foster family agency shall
21not incur civil liability for providing each other with information
22if the communication is for the purpose of aiding in the evaluation
23of an application for approval of a resource family by a foster
24family agency.

25

begin deleteSEC. 27.end delete
26
begin insertSEC. 29.end insert  

Section 1520.1 of the Health and Safety Code is
27amended to read:

28

1520.1.  

In addition to Section 1520, applicants for a group
29home or short-term residential therapeutic program license shall
30meet the following requirements:

31(a) (1) During the first 12 months of operation, the facility shall
32operate with a provisional license. After eight months of operation,
33the department shall conduct a comprehensive review of the facility
34for compliance with all applicable laws and regulations and help
35develop a plan of correction with the provisional licensee, if
36appropriate. By the end of the 12th month of operation, the
37department shall determine if the permanent license should be
38issued.

39(2) If the department determines that the group home or
40short-term residential therapeutic program is in substantial
P56   1compliance with licensing standards, notwithstanding Section
21525.5, the department may extend the provisional license for up
3to an additional six months for either of the following reasons:

4(A) The group home or short-term residential therapeutic
5program requires additional time to be in full compliance with
6licensing standards.

7(B) After 12 months of operation, the group home or short-term
8residential therapeutic program is not operating at 50 percent of
9its licensed capacity.

10(3) By no later than the first business day of the 17th month of
11operation, the department shall conduct an additional review of a
12facility for which a provisional license is extended pursuant to
13paragraph (2), in order to determine whether a permanent license
14should be issued.

15(4) The department may deny a group home or short-term
16residential therapeutic program license application at any time
17during the term of the provisional license to protect the health and
18safety of clients. If the department denies the application, the group
19home or short-term residential therapeutic program shall cease
20operation immediately. Continued operation of the facility after
21the department denies the application or the provisional license
22expires shall constitute unlicensed operation.

23(5) When the department notifies a city or county planning
24authority pursuant to subdivision (c) of Section 1520.5, the
25department shall briefly describe the provisional licensing process
26and the timelines provided for under that process, as well as provide
27the name, address, and telephone number of the district office
28licensing the facility where a complaint or comment about the
29group home’s or short-term residential therapeutic program’s
30operation may be filed.

31(b) (1) After the production of the booklet provided for in
32paragraph (2), every member of the group home’s board of
33directors or governing body and every member of a short-term
34residential therapeutic program’s board of directors or governing
35body shall, prior to becoming a member of the board of directors
36or governing body sign a statement that he or she understands his
37or her legal duties and obligations as a member of the board of
38directors or governing body and that the group home’s or
39short-term residential therapeutic program’s operation is governed
40by laws and regulations that are enforced by the department, as
P57   1set forth in the booklet. The applicant, provisional licensee, and
2licensee shall have this statement available for inspection by the
3department. For members of the board of directors or governing
4body when the booklet is produced, the licensee shall obtain this
5statement by the next scheduled meeting of the board of directors
6or governing body. Compliance with this paragraph shall be a
7condition of licensure.

8(2) The department shall distribute to every group home provider
9and short-term residential therapeutic program provider,
10respectively, detailed information designed to educate members
11of the group home provider’s or short-term residential therapeutic
12program provider’s board of directors or governing body of their
13roles and responsibilities as members of a public benefit
14corporation under the laws of this state. The information shall be
15included in a booklet, may be revised as deemed necessary by the
16department, and shall include, but not be limited to, all of the
17following:

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

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

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

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

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

P58   1(d) An applicant, provisional licensee, or licensee shall maintain,
2submit, and sign financial documents to verify the legitimacy and
3accuracy of these documents. These documents include, but are
4not limited to, the group home or short-term residential therapeutic
5program application, any financial documents and plans of
6corrections submitted to the department, and timesheets.

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

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

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

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

16(C) Neighbors of the facility.

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

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

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

33

begin deleteSEC. 28.end delete
34
begin insertSEC. 30.end insert  

Section 1522.2 of the Health and Safety Code is
35amended to read:

36

1522.2.  

If a local law enforcement agency, a probation officer,
37or a local department or agency that provides social services
38becomes aware that an employee of a community treatment facility,
39a day treatment facility, a group home, a short-term residential
40therapeutic program, or a foster family agency has been arrested
P59   1for child abuse, as defined in Section 11165.6 of the Penal Code,
2after determining that the potential for abuse is present and that
3the employee is free to return to the facility where children are
4present, the local law enforcement agency, probation officer, or
5local department or agency shall notify the licensee of the charge
6of abuse.

7

begin deleteSEC. 29.end delete
8
begin insertSEC. 31.end insert  

Section 1522.4 of the Health and Safety Code is
9amended to read:

10

1522.4.  

(a) In addition to any other requirements of this chapter
11and except for foster family homes, small family homes, and
12certified family homes of foster family agencies, all of the
13following apply to any community care facility providing 24-hour
14care for children:

15(1) The facility shall have one or more facility managers.
16“Facility manager,” as used in this section, means a person on the
17premises with the authority and responsibility necessary to manage
18and control the day-to-day operation of a community care facility
19and supervise the clients. The facility manager, licensee, and
20administrator, or any combination thereof, may be the same person
21provided he or she meets all applicable requirements. If the
22administrator is also the facility manager for the same facility, this
23person shall be limited to the administration and management of
24only one facility.

25(2) The facility manager shall have at least one year of
26experience working with the client group served, or equivalent
27education or experience, as determined by the department.

28(3) A facility manager shall be at the facility at all times when
29one or more clients are present. To ensure adequate supervision
30of clients when clients are at the facility outside of their normal
31schedule, a current telephone number where the facility manager
32can be reached shall be provided to the clients, licensing agency,
33school, and any other agency or person as the department
34determines is necessary. The facility manager shall instruct these
35agencies and individuals to notify him or her when clients will be
36returning to the facility outside of the normal hours.

37(4) The Legislature intends to upgrade the quality of care in
38licensed facilities. For the purposes of Sections 1533 and 1534,
39the licensed facility shall be inspected and evaluated for quality
40of care at least once each year, without advance notice and as often
P60   1as necessary, without advance notice, to ensure the quality of care
2being provided.

3Paragraphs (1), (2), and (3) shall apply only to new facilities
4licensed for six or fewer children which apply for a license after
5January 1, 1985, and all other new facilities licensed for seven or
6more children which apply for a license after January 1, 1988.
7Existing facilities licensed for seven or more children shall comply
8by January 1, 1989.

9(b) No employee of the state or county employed in the
10administration of this chapter or employed in a position that is in
11any way concerned with facilities licensed under this chapter shall
12hold a license or have a direct or indirect financial interest in a
13facility described in subdivision (a).

14The department, by regulation, shall make the determination
15pursuant to the purposes of this section and chapter, as to what
16employment is in the administration of this chapter or in any way
17concerned with facilities licensed under this chapter and what
18financial interest is direct or indirect.

19This subdivision does not prohibit the state or county from
20securing a license for, or operating, a facility that is otherwise
21required to be licensed under this chapter.

22(c) (1) No group home, short-term residential therapeutic
23program, or foster family agency licensee, or employee, member
24of the board of directors, or officer of a group home, short-term
25residential therapeutic program, or foster family agency licensee,
26shall offer gifts or other remuneration of any type to any employee
27of the State Department of Social Services or placement agency
28that exceeds the monetary limits for gifts to employees of the State
29of California pursuant to Title 9 (commencing with Section 81000)
30of the Government Code and regulations adopted thereunder by
31the Fair Political Practices Commission.

32(2) No employee of the department or a placement agency shall
33accept any gift or other remuneration of any type from a group
34home, short-term residential therapeutic program, or foster family
35agency licensee or employee, member of the board of directors,
36or officer of a group home, short-term residential therapeutic
37program, or foster family agency licensee that exceeds the
38monetary limits for gifts to employees of the State of California
39in Title 9 (commencing with Section 81000) of the Government
P61   1Code and regulations adopted thereunder by the Fair Political
2Practices Commission.

3(3) Violation of this subdivision is punishable as a misdemeanor.

4

begin deleteSEC. 30.end delete
5
begin insertSEC. 32.end insert  

Section 1522.41 of the Health and Safety Code is
6amended to read:

7

1522.41.  

(a) (1) The department, in consultation and
8collaboration with county placement officials, group home provider
9organizations, the Director of Health Care Services, and the
10Director of Developmental Services, shall develop and establish
11an administrator certification training program to ensure that
12administrators of group home facilities have appropriate training
13to provide the care and services for which a license or certificate
14is issued.

15(2) The department shall develop and establish an administrator
16certification training program to ensure that administrators of
17short-term residential therapeutic program facilities have
18appropriate training to provide the care and services for which a
19license or certificate is issued.

20(b) (1) In addition to any other requirements or qualifications
21required by the department, an administrator of a group home or
22short-term residential therapeutic program shall successfully
23complete a specified department-approved training certification
24program, pursuant to subdivision (c), prior to employment.

25(2) In those cases when the individual is both the licensee and
26the administrator of a facility, the individual shall comply with all
27of the licensee and administrator requirements of this section.

28(3) Failure to comply with this section shall constitute cause for
29revocation of the license of the facility.

30(4) The licensee shall notify the department within 10 days of
31any change in administrators.

32(c) (1) The administrator certification programs for group homes
33shall require a minimum of 40 hours of classroom instruction that
34provides training on a uniform core of knowledge in each of the
35following areas:

36(A) Laws, regulations, and policies and procedural standards
37that impact the operations of the type of facility for which the
38applicant will be an administrator.

39(B) Business operations.

40(C) Management and supervision of staff.

P62   1(D) Psychosocial and educational needs of the facility residents,
2including, but not limited to, the information described in
3subdivision (d) of Section 16501.4 of the Welfare and Institutions
4Code.

5(E) Community and support services.

6(F) Physical needs of facility residents.

7(G) Assistance with self-administration, storage, misuse, and
8interaction of medication used by facility residents.

9(H) Resident admission, retention, and assessment procedures,
10including the right of a foster child to have fair and equal access
11to all available services, placement, care, treatment, and benefits,
12and to not be subjected to discrimination or harassment on the
13basis of actual or perceived race, ethnic group identification,
14ancestry, national origin, color, religion, sex, sexual orientation,
15gender identity, mental or physical disability, or HIV status.

16(I) Instruction on cultural competency and sensitivity and related
17best practices for providing adequate care for children across
18diverse ethnic and racial backgrounds, as well as children
19identifying as lesbian, gay, bisexual, or transgender.

20(J) Nonviolent emergency intervention and reporting
21requirements.

22(K) Basic instruction on the existing laws and procedures
23regarding the safety of foster youth at school and the ensuring of
24a harassment- and violence-free school environment contained in
25Article 3.6 (commencing with Section 32228) of Chapter 2 of Part
2619 of Division 1 of Title 1 of the Education Code.

27(2) The administrator certification programs for short-term
28residential therapeutic programs shall require a minimum of 40
29hours of classroom instruction that provides training on a uniform
30core of knowledge in each of the following areas:

31(A) Laws, regulations, and policies and procedural standards
32that impact the operations of the type of facility for which the
33applicant will be an administrator.

34(B) Business operations and management and supervision of
35staff, including staff training.

36(C) Physical and psychosocial needs of the children, including
37behavior management, de-escalation techniques, and trauma
38informed crisis management planning.

39(D) Permanence, well-being, and educational needs of the
40children.

P63   1(E) Community and support services, including accessing local
2behavioral and mental health supports and interventions, substance
3use disorder treatments, and culturally relevant services, as
4appropriate.

5(F) Understanding the requirements and best practices regarding
6psychotropic medications, including, but not limited to, court
7authorization, uses, benefits, side effects, interactions, assistance
8with self-administration, misuse, documentation, storage, and
9metabolic monitoring of children prescribed psychotropic
10medications.

11(G) Admission, retention, and assessment procedures, including
12the right of a foster child to have fair and equal access to all
13available services, placement, care, treatment, and benefits, and
14to not be subjected to discrimination or harassment on the basis
15of actual or perceived race, ethnic group identification, ancestry,
16national origin, color, religion, sex, sexual orientation, gender
17identity, mental or physical disability, or HIV status.

18(H) The federal Indian Child Welfare Act (25begin delete U.S.Cend deletebegin insert U.S.C.end insert
19 Sec. 1901 et seq.), its historical significance, the rights of children
20covered by the act, and the best interests of Indian children as
21including culturally appropriate, child-centered practices that
22respect Native American history, culture, retention of tribal
23membership, and connection to the tribal community and traditions.

24(I) Instruction on cultural competency and sensitivity and related
25best practices for providing adequate care for children across
26diverse ethnic and racial backgrounds, as well as children
27identifying as lesbian, gay, bisexual, or transgender.

28(J) Nonviolent emergency intervention and reporting
29requirements.

30(K) Basic instruction on the existing laws and procedures
31regarding the safety of foster youth at school and the ensuring of
32a harassment- and violence-free school environment contained in
33Article 3.6 (commencing with Section 32228) of Chapter 2 of Part
3419 of Division 1 of Title 1 of the Education Code.

35(d) Administrators who possess a valid group home license,
36issued by the department, are exempt from completing an approved
37initial certification training program and taking a written test,
38provided the individual completes 12 hours of classroom instruction
39in the following uniform core of knowledge areas:

P64   1(1) Laws, regulations, and policies and procedural standards
2that impact the operations of a short-term residential therapeutic
3program.

4(2) (A) Authorization, uses, benefits, side effects, interactions,
5assistance with self-administration, misuse, documentation, and
6storage of medications.

7(B) Metabolic monitoring of children prescribed psychotropic
8medications.

9(3) Admission, retention, and assessment procedures, including
10the right of a foster child to have fair and equal access to all
11available services, placement, care, treatment, and benefits, and
12to not be subjected to discrimination or harassment on the basis
13of actual or perceived race, ethnic group identification, ancestry,
14national origin, color, religion, sex, sexual orientation, gender
15identity, mental or physical disability, or HIV status.

16(4) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
17et seq.), its historical significance, the rights of children covered
18by the act, and the best interests of Indian children as including
19culturally appropriate, child-centered practices that respect Native
20American history, culture, retention of tribal membership, and
21connection to the tribal community and traditions.

22(5) Instruction on cultural competency and sensitivity and related
23best practices for providing adequate care for children across
24diverse ethnic and racial backgrounds, as well as children
25identifying as lesbian, gay, bisexual, or transgender.

26(6) Physical and psychosocial needs of children, including
27behavior management, deescalation techniques, and trauma
28informed crisis management planning.

29(e) Individuals applying for administrator certification under
30this section shall successfully complete an approved administrator
31certification training program, pass a written test administered by
32the department within 60 days of completing the program, and
33submit to the department the documentation required by
34subdivision (f) within 30 days after being notified of having passed
35the test. The department may extend these time deadlines for good
36cause. The department shall notify the applicant of his or her test
37results within 30 days of administering the test.

38(f) The department shall not begin the process of issuing a
39 certificate until receipt of all of the following:

P65   1(1) A certificate of completion of the administrator training
2required pursuant to this chapter.

3(2) The fee required for issuance of the certificate. A fee of one
4hundred dollars ($100) shall be charged by the department to cover
5the costs of processing the application for certification.

6(3) Documentation from the applicant that he or she has passed
7the written test.

8(4) Submission of fingerprints pursuant to Section 1522. The
9department may waive the submission for those persons who have
10a current clearance on file.

11(5) That person is at least 21 years of age.

12(g) It shall be unlawful for any person not certified under this
13section to hold himself or herself out as a certified administrator
14of a group home or short-term residential therapeutic program.
15Any person willfully making any false representation as being a
16certified administrator or facility manager is guilty of a
17misdemeanor.

18(h) (1) Certificates issued under this section shall be renewed
19every two years and renewal shall be conditional upon the
20certificate holder submitting documentation of completion of 40
21hours of continuing education related to the core of knowledge
22specified in subdivision (c). No more than one-half of the required
2340 hours of continuing education necessary to renew the certificate
24may be satisfied through online courses. All other continuing
25education hours shall be completed in a classroom setting. For
26purposes of this section, an individual who is a group home or
27short-term residential therapeutic program administrator and who
28is required to complete the continuing education hours required
29by the regulations of the State Department of Developmental
30Services, and approved by the regional center, may have up to 24
31of the required continuing education course hours credited toward
32the 40-hour continuing education requirement of this section. The
33department shall accept for certification, community college course
34hours approved by the regional centers.

35(2) Every administrator of a group home or short-term residential
36 therapeutic program shall complete the continuing education
37requirements of this subdivision.

38(3) Certificates issued under this section shall expire every two
39years on the anniversary date of the initial issuance of the
40certificate, except that any administrator receiving his or her initial
P66   1certification on or after July 1, 1999, shall make an irrevocable
2election to have his or her recertification date for any subsequent
3recertification either on the date two years from the date of issuance
4of the certificate or on the individual’s birthday during the second
5calendar year following certification. The department shall send
6a renewal notice to the certificate holder 90 days prior to the
7expiration date of the certificate. If the certificate is not renewed
8prior to its expiration date, reinstatement shall only be permitted
9after the certificate holder has paid a delinquency fee equal to three
10times the renewal fee and has provided evidence of completion of
11the continuing education required.

12(4) To renew a certificate, the certificate holder shall, on or
13before the certificate expiration date, request renewal by submitting
14to the department documentation of completion of the required
15continuing education courses and pay the renewal fee of one
16hundred dollars ($100), irrespective of receipt of the department’s
17notification of the renewal. A renewal request postmarked on or
18before the expiration of the certificate shall be proof of compliance
19with this paragraph.

20(5) A suspended or revoked certificate shall be subject to
21expiration as provided for in this section. If reinstatement of the
22certificate is approved by the department, the certificate holder,
23as a condition precedent to reinstatement, shall submit proof of
24compliance with paragraphs (1) and (2) of this subdivision, and
25 shall pay a fee in an amount equal to the renewal fee, plus the
26delinquency fee, if any, accrued at the time of its revocation or
27suspension. Delinquency fees, if any, accrued subsequent to the
28time of its revocation or suspension and prior to an order for
29reinstatement, shall be waived for a period of 12 months to allow
30the individual sufficient time to complete the required continuing
31education units and to submit the required documentation.
32Individuals whose certificates will expire within 90 days after the
33order for reinstatement may be granted a three-month extension
34to renew their certificates during which time the delinquency fees
35shall not accrue.

36(6) A certificate that is not renewed within four years after its
37expiration shall not be renewed, restored, reissued, or reinstated
38except upon completion of a certification training program, passing
39any test that may be required of an applicant for a new certificate
P67   1at that time, and paying the appropriate fees provided for in this
2section.

3(7) A fee of twenty-five dollars ($25) shall be charged for the
4reissuance of a lost certificate.

5(8) A certificate holder shall inform the department of his or
6her employment status and change of mailing address within 30
7days of any change.

8(i) Unless otherwise ordered by the department, the certificate
9shall be considered forfeited under either of the following
10conditions:

11(1) The department has revoked any license held by the
12administrator after the department issued the certificate.

13(2) The department has issued an exclusion order against the
14administrator pursuant to Section 1558, 1568.092, 1569.58, or
151596.8897, after the department issued the certificate, and the
16administrator did not appeal the exclusion order or, after the appeal,
17the department issued a decision and order that upheld the
18exclusion order.

19(j) (1) The department, in consultation and collaboration with
20county placement officials, provider organizations, the State
21Department of Health Care Services, and the State Department of
22Developmental Services, shall establish, by regulation, the program
23content, the testing instrument, the process for approving
24administrator certification training programs, and criteria to be
25used in authorizing individuals, organizations, or educational
26institutions to conduct certification training programs and
27continuing education courses. The department may also grant
28continuing education hours for continuing courses offered by
29accredited educational institutions that are consistent with the
30requirements in this section. The department may deny vendor
31 approval to any agency or person in any of the following
32circumstances:

33(A) The applicant has not provided the department with evidence
34satisfactory to the department of the ability of the applicant to
35satisfy the requirements of vendorization set out in the regulations
36adopted by the department.

37(B) The applicant person or agency has a conflict of interest in
38that the person or agency places its clients in group homes or
39short-term residential therapeutic programs.

P68   1(C) The applicant public or private agency has a conflict of
2interest in that the agency is mandated to place clients in group
3homes or short-term residential therapeutic programs and to pay
4directly for the services. The department may deny vendorization
5to this type of agency only as long as there are other vendor
6programs available to conduct the certification training programs
7and conduct education courses.

8(2) The department may authorize vendors to conduct the
9administrator’s certification training program pursuant to this
10section. The department shall conduct the written test pursuant to
11regulations adopted by the department.

12(3) The department shall prepare and maintain an updated list
13of approved training vendors.

14(4) The department may inspect administrator certification
15training programs and continuing education courses, including
16online courses, at no charge to the department, to determine if
17content and teaching methods comply with regulations. If the
18department determines that any vendor is not complying with the
19requirements of this section, the department shall take appropriate
20action to bring the program into compliance, which may include
21removing the vendor from the approved list.

22(5) The department shall establish reasonable procedures and
23timeframes not to exceed 30 days for the approval of vendor
24training programs.

25(6) The department may charge a reasonable fee, not to exceed
26one hundred fifty dollars ($150) every two years, to certification
27program vendors for review and approval of the initial 40-hour
28training program pursuant to subdivision (c). The department may
29also charge the vendor a fee, not to exceed one hundred dollars
30($100) every two years, for the review and approval of the
31continuing education courses needed for recertification pursuant
32to this subdivision.

33(7) (A) A vendor of online programs for continuing education
34shall ensure that each online course contains all of the following:

35(i) An interactive portion in which the participant receives
36feedback, through online communication, based on input from the
37participant.

38(ii) Required use of a personal identification number or personal
39identification information to confirm the identity of the participant.

P69   1(iii) A final screen displaying a printable statement, to be signed
2by the participant, certifying that the identified participant
3completed the course. The vendor shall obtain a copy of the final
4screen statement with the original signature of the participant prior
5to the issuance of a certificate of completion. The signed statement
6of completion shall be maintained by the vendor for a period of
7three years and be available to the department upon demand. Any
8person who certifies as true any material matter pursuant to this
9clause that he or she knows to be false is guilty of a misdemeanor.

10(B) Nothing in this subdivision shall prohibit the department
11from approving online programs for continuing education that do
12not meet the requirements of subparagraph (A) if the vendor
13demonstrates to the department’s satisfaction that, through
14advanced technology, the course and the course delivery meet the
15requirements of this section.

16(k) The department shall establish a registry for holders of
17certificates that shall include, at a minimum, information on
18employment status and criminal record clearance.

19(l) Notwithstanding any law to the contrary, vendors approved
20by the department who exclusively provide either initial or
21continuing education courses for certification of administrators of
22a group home or short-term residential therapeutic program as
23defined by regulations of the department, an adult residential
24facility as defined by regulations of the department, or a residential
25care facility for the elderly as defined in subdivision (k) of Section
261569.2, shall be regulated solely by the department pursuant to
27this chapter. No other state or local governmental entity shall be
28responsible for regulating the activity of those vendors.

29

begin deleteSEC. 31.end delete
30
begin insertSEC. 33.end insert  

Section 1522.43 of the Health and Safety Code is
31amended to read:

32

1522.43.  

(a) (1) For the duties the department imposes on a
33group home administrator or short-term residential therapeutic
34program administrator in this chapter and in regulations adopted
35by the department, every group home and short-term residential
36therapeutic program shall state in its plan of operation, the number
37of hours per week that the administrator shall spend completing
38those duties and how the group home administrator or short-term
39residential therapeutic program administrator shall accomplish
40those duties, including use of support personnel.

P70   1(2) For initial applicants, the information in paragraph (1) shall
2be contained in the plan of operation submitted to the department
3in the application.

4(3) For current licensees, the licensee shall submit an amended
5plan of operation that contains the information required by
6paragraph (1) within six months of the effective date of this section.
7For changes in the group home administrator duties imposed by
8the department in this chapter or in regulations, a current licensee
9shall have six months after the effective date of those duties to
10submit an amended plan of operation to reflect the new
11administrator duties.

12(b) (1) The department may review a group home’s or
13short-term residential therapeutic program’s plan of operation to
14determine if the plan of operation is sufficient to ensure that the
15facility will operate in compliance with applicable licensing laws
16 and regulations. As part of the review, the department may request
17that a peer review panel review the plan of operation for a group
18home as prescribed in paragraph (2), or for a short-term residential
19therapeutic program as prescribed in paragraph (3).

20(2) The peer review panel shall consist of two representatives
21from the department, including one from the unit that governs
22programs and one from the unit that governs licensing, a qualified
23group home administrator, an experienced group home provider
24in good standing, and a member or members from the placement
25agency or agencies that place children in group homes, and may
26also include the local county behavioral health department, as
27appropriate.

28(3) The peer review panel shall consist of two representatives
29from the department, including one from the unit that governs
30programs and one from the unit that governs licensing, a qualified
31short-term residential therapeutic program administrator, a
32short-term residential therapeutic program provider in good
33standing, and a member or members from the placement agency
34or agencies that place children in short-term residential therapeutic
35programs, and may also include the local county behavioral health
36department, as appropriate.

37(c) A group home or short-term residential therapeutic program
38shall develop a daily schedule of activities for the children at the
39facility. The facility shall have this schedule available for
40inspection by the department. The activities in which the children
P71   1are scheduled to participate shall be designed to meet the needs of
2the individual child, and shall be based on that child’s needs and
3services plan.

4(d) The department shall establish a process, no later than
5January 1, 2017, for convening the peer review panel as set forth
6in subdivision (b) for review of the plans of operation for
7short-term residential therapeutic programs, and shall develop this
8process in consultation with the County Welfare Directors
9Association of California, Chief Probation Officers of California,
10County Behavioral Health Directors Association of California,
11and stakeholders.

12

begin deleteSEC. 32.end delete
13
begin insertSEC. 34.end insert  

Section 1522.44 of the Health and Safety Code is
14amended to read:

15

1522.44.  

(a) It is the policy of the state that caregivers of
16children in foster care possess knowledge and skills relating to the
17reasonable and prudent parent standard, as defined in subdivision
18(c) of Section 362.05 of the Welfare and Institutions Code.

19(b) Except for licensed foster family homes, certified family
20homes, and resource families approved by a foster family agency,
21each licensed community care facility that provides care and
22supervision to children and operates with staff shall designate at
23least one onsite staff member to apply the reasonable and prudent
24parent standard to decisions involving the participation of a child
25who is placed in the facility in age or developmentally appropriate
26activities in accordance with the requirements of Section 362.05
27of the Welfare and Institutions Code, Section 671(a)(10) of Title
2842 of the United States Code, and the regulations adopted by the
29department pursuant to this chapter.

30(c) A licensed and certified foster parent, resource family, or
31facility staff member, as described in subdivision (b), shall receive
32training related to the reasonable and prudent parent standard that
33is consistent with Section 671(a)(24) of Title 42 of the United
34States Code. This training shall include knowledge and skills
35relating to the reasonable and prudent parent standard for the
36participation of the child in age or developmentally appropriate
37activities, including knowledge and skills relating to the
38developmental stages of the cognitive, emotional, physical, and
39behavioral capacities of a child, and knowledge and skills relating
40to applying the standard to decisions such as whether to allow the
P72   1child to engage in extracurricular, enrichment, cultural, and social
2 activities, including sports, field trips, and overnight activities
3lasting one or more days, and to decisions involving the signing
4of permission slips and arranging of transportation for the child to
5and from extracurricular, enrichment, and social activities.

6(d) This section does not apply to runaway and homeless youth
7shelters as defined in paragraph (14) of subdivision (a) of Section
81502.

9

begin deleteSEC. 33.end delete
10
begin insertSEC. 35.end insert  

Section 1523.1 of the Health and Safety Code is
11amended to read:

12

1523.1.  

(a) (1) An application fee adjusted by facility and
13capacity shall be charged by the department for the issuance of a
14license. After initial licensure, a fee shall be charged by the
15department annually on each anniversary of the effective date of
16the license. The fees are for the purpose of financing the activities
17specified in this chapter. Fees shall be assessed as follows, subject
18to paragraph (2):


19

 

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

P73  10

 

11(2) (A) The Legislature finds that all revenues generated by
12fees for licenses computed under this section and used for the
13purposes for which they were imposed are not subject to Article
14XIII B of the California Constitution.

15(B) The department, at least every five years, shall analyze
16initial application fees and annual fees issued by it to ensure the
17 appropriate fee amounts are charged. The department shall
18recommend to the Legislature that fees established by the
19Legislature be adjusted as necessary to ensure that the amounts
20are appropriate.

21(b) (1) In addition to fees set forth in subdivision (a), the
22department shall charge the following fees:

23(A) A fee that represents 50 percent of an established application
24fee when an existing licensee moves the facility to a new physical
25address.

26(B) A fee that represents 50 percent of the established
27application fee when a corporate licensee changes who has the
28authority to select a majority of the board of directors.

29(C) A fee of twenty-five dollars ($25) when an existing licensee
30seeks to either increase or decrease the licensed capacity of the
31facility.

32(D) An orientation fee of fifty dollars ($50) for attendance by
33any individual at a department-sponsored orientation session.

34(E) A probation monitoring fee equal to the current annual fee,
35in addition to the current annual fee for that category and capacity
36for each year a license has been placed on probation as a result of
37a stipulation or decision and order pursuant to the administrative
38adjudication procedures of the Administrative Procedure Act
39(Chapter 4.5 (commencing with Section 11400) and Chapter 5
P74   1(commencing with Section 11500) of Part 1 of Division 3 of Title
22 of the Government Code).

3(F) A late fee that represents an additional 50 percent of the
4established current annual fee when any licensee fails to pay the
5current annual licensing fee on or before the due date as indicated
6 by postmark on the payment.

7(G) A fee to cover any costs incurred by the department for
8processing payments including, but not limited to, bounced check
9charges, charges for credit and debit transactions, and postage due
10charges.

11(H) A plan of correction fee of two hundred dollars ($200) when
12any licensee does not implement a plan of correction on or prior
13to the date specified in the plan.

14(2) Foster family homes and resource family homes approved
15by a foster family agency shall be exempt from the fees imposed
16pursuant to this subdivision.

17(3) Foster family agencies shall be annually assessed
18eighty-eight dollars ($88) for each certified family home and
19resource family certified or approved by the agency.

20(4) No local jurisdiction shall impose any business license, fee,
21or tax for the privilege of operating a facility licensed under this
22chapter which serves six or fewer persons.

23(c) (1) The revenues collected from licensing fees pursuant to
24this section shall be utilized by the department for the purpose of
25ensuring the health and safety of all individuals provided care and
26supervision by licensees and to support activities of the licensing
27program, including, but not limited to, monitoring facilities for
28compliance with licensing laws and regulations pursuant to this
29chapter, and other administrative activities in support of the
30licensing program, when appropriated for these purposes. The
31revenues collected shall be used in addition to any other funds
32appropriated in the Budget Act in support of the licensing program.
33The department shall adjust the fees collected pursuant to this
34section as necessary to ensure that they do not exceed the costs
35described in this paragraph.

36(2) The department shall not utilize any portion of these revenues
37sooner than 30 days after notification in writing of the purpose
38and use of this revenue, as approved by the Director of Finance,
39to the Chairperson of the Joint Legislative Budget Committee, and
40the chairpersons of the committee in each house that considers
P75   1appropriations for each fiscal year. The department shall submit
2a budget change proposal to justify any positions or any other
3related support costs on an ongoing basis.

4(d) A facility may use a bona fide business check to pay the
5license fee required under this section.

6(e) The failure of an applicant or licensee to pay all applicable
7and accrued fees and civil penalties shall constitute grounds for
8denial or forfeiture of a license.

9

begin deleteSEC. 34.end delete
10
begin insertSEC. 36.end insert  

Section 1524.6 of the Health and Safety Code is
11amended to read:

12

1524.6.  

(a) In addition to any other requirement of this chapter,
13any group home or short-term residential therapeutic program, as
14defined by regulations of the department, providing care for any
15number of persons, that is not already subject to the requirements
16 of Section 1524.5, shall provide a procedure approved by the
17licensing agency for immediate response to incidents and
18complaints, as defined by regulations of the department. This
19procedure shall include a method of ensuring that the owner,
20licensee, or person designated by the owner or licensee is notified
21of the incident or complaint, that the owner, licensee, or person
22designated by the owner or licensee has personally investigated
23the matter, and that the person making the complaint or reporting
24the incident has received a written response, within 30 days of
25receiving the complaint, of action taken, or a reason why no action
26needs to be taken.

27(b) In order to ensure the opportunity for complaints to be made
28directly to the owner, licensee, or person designated by the owner
29or licensee, and to provide the opportunity for the owner, licensee,
30or person designated by the owner or licensee to meet
31neighborhood residents and learn of problems in the neighborhood,
32any group home or short-term residential therapeutic program shall
33establish a fixed time on a periodic basis when the owner, licensee,
34or person designated by the owner or licensee will be present. At
35this fixed time, information shall be provided to neighborhood
36residents of the complaint procedure pursuant to Section 1538.

37(c) Facilities shall establish procedures to comply with the
38requirements of this section on or before July 1, 2005.

39(d) This section shall not apply to family homes certified by
40foster family agencies, foster family homes, and small family
P76   1homes. It is not the intent of the Legislature that this section be
2applied in a way that is contrary to the child’s best interests.

3

begin deleteSEC. 35.end delete
4
begin insertSEC. 37.end insert  

Section 1525.5 of the Health and Safety Code is
5amended to read:

6

1525.5.  

(a)  The department may issue provisional licenses to
7operate community care facilities for facilities that it determines
8are in substantial compliance with this chapter and the rules and
9regulations adopted pursuant to this chapter, provided that no life
10safety risks are involved, as determined by the department. In
11determining whether any life safety risks are involved, the
12department shall require completion of all applicable fire clearances
13and criminal record clearances as otherwise required by the
14department’s rules and regulations. The provisional license shall
15expire six months from the date of issuance, or at any earlier time
16as the department may determine, and may not be renewed.
17However, the department may extend the term of a provisional
18license for an additional six months at time of application, if it is
19 determined that more than six months will be required to achieve
20full compliance with licensing standards due to circumstances
21beyond the control of the applicant, provided all other requirements
22for a license have been met.

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

24

begin deleteSEC. 36.end delete
25
begin insertSEC. 38.end insert  

Section 1530.7 of the Health and Safety Code is
26amended to read:

27

1530.7.  

(a) Group homes, short-term residential therapeutic
28programs, foster family agencies, small family homes, transitional
29housing placement providers, and crisis nurseries licensed pursuant
30to this chapter shall maintain a smoke-free environment in the
31facility.

32(b) A person who is licensed or certified pursuant to this chapter
33to provide residential care in a foster family home or certified
34family home shall not smoke a tobacco product or permit any other
35person to smoke a tobacco product inside the facility, and, when
36the child is present, on the outdoor grounds of the facility.

37(c) A person who is licensed or certified pursuant to this chapter
38to provide residential foster care shall not smoke a tobacco product
39in any motor vehicle that is regularly used to transport the child.

P77   1(d) For purposes of this section, “smoke” has the same meaning
2as in subdivision (c) of Section 22950.5 of the Business and
3Professions Code.

4(e) For purposes of this section, “tobacco product” means a
5product or device as defined in subdivision (d) of Section 22950.5
6of the Business and Professions Code.

7

begin deleteSEC. 37.end delete
8
begin insertSEC. 39.end insert  

Section 1530.8 of the Health and Safety Code is
9amended to read:

10

1530.8.  

(a) (1) The department shall adopt regulations for
11community care facilities licensed as group homes, and for
12temporary shelter care facilities as defined in subdivision (c), that
13care for dependent children, children placed by a regional center,
14or voluntary placements, who are younger than six years of age.
15The department shall adopt regulations that apply to short-term
16residential therapeutic programs that care for children younger
17than six years of age. The regulations shall include the standards
18set forth in subdivision (c) of Section 11467.1 of the Welfare and
19Institutions Code.

20(2) The department shall adopt regulations under this section
21that apply to minor parent programs serving children younger than
22six years of age who reside in a group home with a minor parent
23who is the primary caregiver of the child. The department shall
24adopt regulations under this section that apply to short-term
25residential therapeutic programs that provide minor parent
26programs serving children younger than six years of age.

27(3) To the extent that the department determines they are
28necessary, the department shall adopt regulations under this section
29that apply to group homes or short-term residential therapeutic
30programs that care for dependent children who are 6 to 12 years
31of age, inclusive. In order to determine whether such regulations
32are necessary, and what any resulting standards should include,
33the department shall consult with interested parties that include,
34but are not limited to, representatives of current and former foster
35youth, advocates for children in foster care, county welfare and
36mental health directors, chief probation officers, representatives
37of care providers, experts in child development, and representatives
38of the Legislature. The standards may provide normative guidelines
39differentiated by the needs specific to children in varying age
40ranges that fall between 6 and 12 years of age, inclusive. Prior to
P78   1adopting regulations, the department shall submit for public
2comment, by July 1, 2017, any proposed regulations.

3(b) The regulations shall include physical environment standards,
4including staffing and health and safety requirements, that meet
5or exceed state child care standards under Title 5 and Title 22 of
6the California Code of Regulations.

7(c) For purposes of this section, a “temporary shelter care
8facility” means any residential facility that meets all of the
9following requirements:

10(1) It is owned and operated by the county or on behalf of a
11county by a private, nonprofit agency.

12(2) It is a 24-hour facility that provides no more than 10 calendar
13days of residential care and supervision for children under 18 years
14of age who have been removed from their homes as a result of
15abuse or neglect, as defined in Section 300 of the Welfare and
16Institutions Code, or both.

17(d) (1) The department may license a temporary shelter care
18facility pursuant to this chapter on or after January 1, 2016. A
19temporary shelter care license may be issued only to a county
20operating a licensed group home, or to an agency on behalf of a
21county, as of January 1, 2016.

22(2) The department shall consult with counties that operate these
23shelters as licensed group homes to develop a transition plan for
24the development of temporary shelter care facilities to address the
25unique circumstances and needs of the populations they serve,
26while remaining consistent with the principles of the act that added
27this subdivision.

28(3) These transition plans shall describe circumstances under
29which children will be admitted for a period in excess of 24 hours
30and reflect necessary staffing levels or staffing transitions.

31(e) (1) A group home license issued to a county will be forfeited
32by operation of law upon receipt of a license to operate a temporary
33shelter care facility as described in Section 11462.022 of the
34Welfare and Institutions Code.

35(2) Nothing in this subdivision shall preclude a county from
36applying for and being licensed as a short-term residential
37therapeutic program pursuant to Section 1562.01 or a runaway and
38homeless youth shelter pursuant to Section 1502.35, or a foster
39family agency as authorized by subdivision (b) of Section 11462.02
40of the Welfare and Institutions Code.

P79   1

begin deleteSEC. 38.end delete
2
begin insertSEC. 40.end insert  

Section 1531.1 of the Health and Safety Code is
3amended to read:

4

1531.1.  

(a) A residential facility licensed as an adult residential
5facility, group home, short-term residential therapeutic program,
6small family home, foster family home, or a family home certified
7by a foster family agency may install and utilize delayed egress
8devices of the time delay type.

9(b) As used in this section, “delayed egress device” means a
10device that precludes the use of exits for a predetermined period
11of time. These devices shall not delay any resident’s departure
12from the facility for longer than 30 seconds.

13(c) Within the 30 seconds of delay, facility staff may attempt
14to redirect a resident who attempts to leave the facility.

15(d) Any person accepted by a residential facility or family home
16certified by a foster family agency utilizing delayed egress devices
17shall meet all of the following conditions:

18(1) The person shall have a developmental disability as defined
19in Section 4512 of the Welfare and Institutions Code.

20(2) The person shall be receiving services and case management
21from a regional center under the Lanterman Developmental
22Disabilities Services Act (Division 4.5 (commencing with Section
234500) of the Welfare and Institutions Code).

24(3) An interdisciplinary team, through the Individual Program
25Plan (IPP) process pursuant to Section 4646.5 of the Welfare and
26Institutions Code, shall have determined that the person lacks
27hazard awareness or impulse control and requires the level of
28supervision afforded by a facility equipped with delayed egress
29devices, and that but for this placement, the person would be at
30risk of admission to, or would have no option but to remain in, a
31more restrictive state hospital or state developmental center
32placement.

33(e) The facility shall be subject to all fire and building codes,
34regulations, and standards applicable to residential care facilities
35for the elderly utilizing delayed egress devices, and shall receive
36approval by the county or city fire department, the local fire
37prevention district, or the State Fire Marshal for the installed
38delayed egress devices.

39(f) The facility shall provide staff training regarding the use and
40 operation of the egress control devices utilized by the facility,
P80   1protection of residents’ personal rights, lack of hazard awareness
2and impulse control behavior, and emergency evacuation
3procedures.

4(g) The facility shall develop a plan of operation approved by
5the State Department of Social Services that includes a description
6of how the facility is to be equipped with egress control devices
7that are consistent with regulations adopted by the State Fire
8Marshal pursuant to Section 13143.

9(h) The plan shall include, but shall not be limited to, all of the
10following:

11(1) A description of how the facility will provide training for
12staff regarding the use and operation of the egress control devices
13utilized by the facility.

14(2) A description of how the facility will ensure the protection
15of the residents’ personal rights consistent with Sections 4502,
164503, and 4504 of the Welfare and Institutions Code.

17(3) A description of how the facility will manage the person’s
18lack of hazard awareness and impulse control behavior.

19(4) A description of the facility’s emergency evacuation
20procedures.

21(i) Delayed egress devices shall not substitute for adequate staff.
22Except for facilities operating in accordance with Section 1531.15,
23the capacity of the facility shall not exceed six residents.

24(j) Emergency fire and earthquake drills shall be conducted at
25least once every three months on each shift, and shall include all
26facility staff providing resident care and supervision on each shift.

27

begin deleteSEC. 39.end delete
28
begin insertSEC. 41.end insert  

Section 1531.15 of the Health and Safety Code is
29amended to read:

30

1531.15.  

(a) A licensee of an adult residential facility,
31short-term residential therapeutic program, or group home for no
32more than six residents, except for the larger facilities provided
33for in paragraph (1) of subdivision (k), that is utilizing delayed
34egress devices pursuant to Section 1531.1, may install and utilize
35secured perimeters in accordance with the provisions of this
36section.

37(b) As used in this section, “secured perimeters” means fences
38that meet the requirements prescribed by this section.

P81   1(c) Only individuals meeting all of the following conditions
2may be admitted to or reside in a facility described in subdivision
3(a) utilizing secured perimeters:

4(1) The person shall have a developmental disability as defined
5in Section 4512 of the Welfare and Institutions Code.

6(2) The person shall be receiving services and case management
7from a regional center under the Lanterman Developmental
8Disabilities Services Act (Division 4.5 (commencing with Section
94500) of the Welfare and Institutions Code).

10(3) (A) The person shall be 14 years of age or older, except as
11specified in subparagraph (B).

12(B) Notwithstanding subparagraph (A), a child who is at least
1310 years of age and less than 14 years of age may be placed in a
14licensed group home described in subdivision (a) using secured
15perimeters only if both of the following occur:

16(i) A comprehensive assessment is conducted and an individual
17program plan meeting is convened to determine the services and
18supports needed for the child to receive services in a less restrictive,
19unlocked residential setting in California, and the regional center
20requests assistance from the State Department of Developmental
21Services’ statewide specialized resource service to identify options
22to serve the child in a less restrictive, unlocked residential setting
23in California.

24(ii) The regional center requests placement of the child in a
25licensed group home described in subdivision (a) using secured
26perimeters on the basis that the placement is necessary to prevent
27out-of-state placement or placement in a more restrictive, locked
28residential setting such as a developmental center, institution for
29mental disease or psychiatric facility, and the State Department of
30Developmental Services approves the request.

31(4) The person is not a foster child under the jurisdiction of the
32juvenile court pursuant to Section 300, 450, 601, or 602 of the
33Welfare and Institutions Code.

34(5) (A) An interdisciplinary team, through the individual
35program plan (IPP) process pursuant to Section 4646.5 of the
36Welfare and Institutions Code, shall have determined the person
37lacks hazard awareness or impulse control and, for his or her safety
38and security, requires the level of supervision afforded by a facility
39equipped with secured perimeters, and, but for this placement, the
40person would be at risk of admission to, or would have no option
P82   1but to remain in, a more restrictive placement. The individual
2program planning team shall convene every 90 days after admission
3to determine and document the continued appropriateness of the
4current placement and progress in implementing the transition
5plan.

6(B) The clients’ rights advocate for the regional center shall be
7notified of the proposed admission and the individual program
8plan meeting and may participate in the individual program plan
9meeting unless the consumer objects on his or her own behalf.

10(d) The licensee shall be subject to all applicable fire and
11building codes, regulations, and standards, and shall receive
12approval by the county or city fire department, the local fire
13prevention district, or the State Fire Marshal for the installed
14secured perimeters.

15(e) The licensee shall provide staff training regarding the use
16and operation of the secured perimeters, protection of residents’
17personal rights, lack of hazard awareness and impulse control
18behavior, and emergency evacuation procedures.

19(f) The licensee shall revise its facility plan of operation. These
20revisions shall first be approved by the State Department of
21Developmental Services. The plan of operation shall not be
22approved by the State Department of Social Services unless the
23licensee provides certification that the plan was approved by the
24State Department of Developmental Services. The plan shall
25include, but not be limited to, all of the following:

26(1) A description of how the facility is to be equipped with
27secured perimeters that are consistent with regulations adopted by
28the State Fire Marshal pursuant to Section 13143.6.

29(2) A description of how the facility will provide training for
30 staff.

31(3) A description of how the facility will ensure the protection
32of the residents’ personal rights consistent with Sections 4502,
334503, and 4504 of the Welfare and Institutions Code, and any
34applicable personal rights provided in Title 22 of the California
35Code of Regulations.

36(4) A description of how the facility will manage residents’ lack
37of hazard awareness and impulse control behavior, which shall
38emphasize positive behavioral supports and techniques that are
39alternatives to physical, chemical, or mechanical restraints, or
40seclusion.

P83   1(5) A description of the facility’s emergency evacuation
2procedures.

3(6) A description of how the facility will comply with applicable
4health and safety standards.

5(g) Secured perimeters shall not substitute for adequate staff.

6(h) Emergency fire and earthquake drills shall be conducted on
7each shift in accordance with existing licensing requirements, and
8shall include all facility staff providing resident care and
9supervision on each shift.

10(i) Interior and exterior space shall be available on the facility
11premises to permit clients to move freely and safely.

12(j) For the purpose of using secured perimeters, the licensee
13shall not be required to obtain a waiver or exception to a regulation
14that would otherwise prohibit the locking of a perimeter fence or
15gate.

16(k) Except as provided in subdivision (k) of Section 4684.81 of
17the Welfare and Institutions Code, the state shall not authorize or
18fund more than a combined total of 150 beds statewide in facilities
19with secured perimeters under this section and under Section
201267.75. The department shall notify the appropriate fiscal and
21policy committees of the Legislature through the January and May
22budget estimates prior to authorizing an increase above a combined
23total of 100 beds statewide in facilities with secured perimeters
24under this section and under Section 1267.75.

25(1) A minimum of 50 beds shall be available within programs
26designed for individuals who are designated incompetent to stand
27trial pursuant to Section 1370.1 of the Penal Code. These beds
28shall be within facilities that are exclusively used to provide care
29for individuals who are placed and participating in forensic
30competency training pursuant to Section 1370.1 of the Penal Code,
31except as provided in paragraph (2). No more than half of these
32facilities may have more than six beds and no facility may have
33more than 15 beds.

34(2) When, in the joint determination of the regional center and
35the facility administrator, an individual would be most
36appropriately served in a specific program, regardless of whether
37the facility meets the criteria established in paragraph (1),
38individuals who are not similarly designated may be placed in the
39same facility. That placement may occur only when the individual’s
40planning team determines that the placement and the facility plan
P84   1of operation meet the individual’s needs and that placement is not
2incompatible with the needs and safety of other facility residents.

3(l) This section shall become operative only upon the publication
4in Title 17 of the California Code of Regulations of emergency
5regulations filed by the State Department of Developmental
6Services. These regulations shall be developed with stakeholders,
7 including the State Department of Social Services, consumer
8advocates, and regional centers. The regulations shall establish
9program standards for homes that include secured perimeters,
10including requirements and timelines for the completion and
11updating of a comprehensive assessment of each consumer’s needs,
12including the identification through the individual program plan
13process of the services and supports needed to transition the
14consumer to a less restrictive living arrangement, and a timeline
15for identifying or developing those services and supports. The
16regulations shall establish a statewide limit on the total number of
17beds in homes with secured perimeters. The adoption of these
18regulations shall be deemed to be an emergency and necessary for
19the immediate preservation of the public peace, health and safety,
20or general welfare.

21

begin deleteSEC. 40.end delete
22
begin insertSEC. 42.end insert  

Section 1534 of the Health and Safety Code, as
23amended by Section 30 of Chapter 773 of the Statutes of 2015, is
24amended to read:

25

1534.  

(a) (1) (A) Except for foster family homes, every
26licensed community care facility shall be subject to unannounced
27inspections by the department.

28(B) Foster family homes shall be subject to announced
29inspections by the department, except that a foster family home
30shall be subject to unannounced inspections in response to a
31complaint, a plan of correction, or under any of the circumstances
32set forth in subparagraph (B) of paragraph (2).

33(2) (A) The department may inspect these facilities as often as
34necessary to ensure the quality of care provided.

35(B) The department shall conduct an annual unannounced
36inspection of a facility under any of the following circumstances:

37(i) When a license is on probation.

38(ii) When the terms of agreement in a facility compliance plan
39require an annual inspection.

40(iii) When an accusation against a licensee is pending.

P85   1(iv) When a facility requires an annual inspection as a condition
2of receiving federal financial participation.

3(v) In order to verify that a person who has been ordered out of
4a facility by the department is no longer at the facility.

5(C) On and after January 1, 2017, and until January 1, 2018,
6the following shall apply:

7(i) Except for foster family homes, the department shall conduct
8annual unannounced inspections of no less than 30 percent of every
9licensed community care facility not subject to an inspection under
10subparagraph (B).

11(ii) The department shall conduct annual announced inspections
12of no less than 30 percent of foster family homes not subject to an
13inspection under subparagraph (B).

14(iii) These inspections shall be conducted based on a random
15sampling methodology developed by the department.

16(iv) The department shall inspect a licensed community care
17facility at least once every three years.

18(D) On and after January 1, 2018, and until January 1, 2019,
19the following shall apply:

20(i) The department shall conduct annual unannounced
21inspections of no less than 20 percent of adult residential facilities,
22adult day programs, social rehabilitation facilities, enhanced
23behavioral support homes for adults, and community crisis homes,
24as defined in Section 1502, which are not subject to an inspection
25under subparagraph (B).

26(ii) These inspections shall be conducted based on a random
27sampling methodology developed by the department.

28(iii) The department shall inspect an adult residential facility,
29adult day program, social rehabilitation facility, enhanced
30behavioral support home for adults, and community crisis home,
31as defined in Section 1502, at least once every two years.

32(E) On and after January 1, 2019, the department shall conduct
33 annual unannounced inspections of all adult residential facilities,
34adult day programs, social rehabilitation facilities, enhanced
35behavioral support homes for adults, and community crisis homes,
36as defined in Section 1502, and adult residential facilities for
37persons with special health care needs, as defined in Section
384684.50 of the Welfare and Institutions Code.

39(F) On and after January 1, 2018, the following shall apply:

P86   1(i) Except for foster family homes, the department shall conduct
2annual unannounced inspections of no less than 20 percent of
3residential care facilities for children, as defined in Section 1502,
4including enhanced behavioral support homes for children,
5transitional housing placement providers, and foster family
6agencies not subject to an inspection under subparagraph (B).

7(ii) The department shall conduct annual announced inspections
8of no less than 20 percent of foster family homes, as defined in
9Section 1502, not subject to an inspection under subparagraph (B).

10(iii) The inspections in clauses (i) and (ii) shall be conducted
11based on a random sampling methodology developed by the
12department.

13(iv) The department shall conduct unannounced inspections of
14residential care facilities for children, as defined in Section 1502,
15including enhanced behavioral support homes for children,
16transitional housing placement providers, and foster family
17agencies, and announced inspections of foster family homes, at
18least once every two years.

19(3) In order to facilitate direct contact with group home or
20short-term residential therapeutic program clients, the department
21may interview children who are clients of group homes or
22short-term residential therapeutic programs at any public agency
23or private agency at which the client may be found, including, but
24not limited to, a juvenile hall, recreation or vocational program,
25or a public or nonpublic school. The department shall respect the
26rights of the child while conducting the interview, including
27informing the child that he or she has the right not to be interviewed
28and the right to have another adult present during the interview.

29(4) The department shall notify the community care facility in
30writing of all deficiencies in its compliance with the provisions of
31this chapter and the rules and regulations adopted pursuant to this
32chapter, and shall set a reasonable length of time for compliance
33by the facility.

34(5) Reports on the results of each inspection, evaluation, or
35consultation shall be kept on file in the department, and all
36inspection reports, consultation reports, lists of deficiencies, and
37plans of correction shall be open to public inspection.

38(b) (1) This section does not limit the authority of the
39department to inspect or evaluate a licensed foster family agency,
40a certified family home, or any aspect of a program in which a
P87   1licensed community care facility is certifying compliance with
2licensing requirements.

3(2) (A) A foster family agency shall conduct an announced
4inspection of a certified family home during the annual
5 recertification described in Section 1506 in order to ensure that
6the certified family home meets all applicable licensing standards.
7A foster family agency may inspect a certified family home as
8often as necessary to ensure the quality of care provided.

9(B) In addition to the inspections required pursuant to
10subparagraph (A), a foster family agency shall conduct an
11unannounced inspection of a certified family home under any of
12the following circumstances:

13(i) When a certified family home is on probation.

14(ii) When the terms of the agreement in a facility compliance
15plan require an annual inspection.

16(iii) When an accusation against a certified family home is
17pending.

18(iv) When a certified family home requires an annual inspection
19as a condition of receiving federal financial participation.

20(v) In order to verify that a person who has been ordered out of
21a certified family home by the department is no longer at the home.

22(3) Upon a finding of noncompliance by the department, the
23department may require a foster family agency to deny or revoke
24the certificate of approval of a certified family home, or take other
25action the department may deem necessary for the protection of a
26child placed with the certified family home. The certified parent
27or prospective foster parent shall be afforded the due process
28provided pursuant to this chapter.

29(4) If the department requires a foster family agency to deny or
30revoke the certificate of approval, the department shall serve an
31order of denial or revocation upon the certified or prospective
32foster parent and foster family agency that shall notify the certified
33or prospective foster parent of the basis of the department’s action
34and of the certified or prospective foster parent’s right to a hearing.

35(5) Within 15 days after the department serves an order of denial
36or revocation, the certified or prospective foster parent may file a
37written appeal of the department’s decision with the department.
38The department’s action shall be final if the certified or prospective
39foster parent does not file a written appeal within 15 days after the
40department serves the denial or revocation order.

P88   1(6) The department’s order of the denial or revocation of the
2certificate of approval shall remain in effect until the hearing is
3completed and the director has made a final determination on the
4merits.

5(7) A certified or prospective foster parent who files a written
6appeal of the department’s order with the department pursuant to
7this section shall, as part of the written request, provide his or her
8current mailing address. The certified or prospective foster parent
9shall subsequently notify the department in writing of any change
10in mailing address, until the hearing process has been completed
11or terminated.

12(8) Hearings held pursuant to this section shall be conducted in
13accordance with Chapter 5 (commencing with Section 11500) of
14Part 1 of Division 3 of Title 2 of the Government Code. In all
15proceedings conducted in accordance with this section the standard
16of proof shall be by a preponderance of the evidence.

17(9) The department may institute or continue a disciplinary
18proceeding against a certified or prospective foster parent upon
19any ground provided by this section or Section 1550, enter an order
20denying or revoking the certificate of approval, or otherwise take
21disciplinary action against the certified or prospective foster parent,
22notwithstanding any resignation, withdrawal of application,
23surrender of the certificate of approval, or denial or revocation of
24the certificate of approval by the foster family agency.

25(10) A foster family agency’s failure to comply with the
26department’s order to deny or revoke the certificate of approval
27by placing or retaining children in care shall be grounds for
28disciplining the licensee pursuant to Section 1550.

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

30

begin deleteSEC. 41.end delete
31
begin insertSEC. 43.end insert  

Section 1536 of the Health and Safety Code is
32amended to read:

33

1536.  

(a) (1) At least annually, the department shall publish
34and make available to interested persons a list or lists covering all
35licensed community care facilities and the services for which each
36facility has been licensed or issued a special permit.

37(2) For a group home, transitional housing placement provider,
38community treatment facility, runaway and homeless youth shelter,
39or short-term residential therapeutic program, the list shall include
40both of the following:

P89   1(A) The number of licensing complaints, types of complaint,
2and outcomes of complaints, including citations, fines, exclusion
3orders, license suspensions, revocations, and surrenders.

4(B) The number, types, and outcomes of law enforcement
5contacts made by the facility staff or children, as reported pursuant
6to subdivision (a) of Section 1538.7.

7(3) This subdivision does not apply to foster family homes or
8the certified family homes or resource families of foster family
9agencies.

10(b) Subject to subdivision (c), to protect the personal privacy
11of foster family homes and the certified family homes and resource
12families of foster family agencies, and to preserve the security and
13confidentiality of the placements in the homes, the names,
14addresses, and other identifying information of facilities licensed
15as foster family homes and certified family homes and resource
16families of foster family agencies shall be considered personal
17information for purposes of the Information Practices Act of 1977
18(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
194 of Division 3 of the Civil Code). This information shall not be
20disclosed by any state or local agency pursuant to the California
21Public Records Act (Chapter 3.5 (commencing with Section 6250)
22of Division 7 of Title 1 of the Government Code), except as
23necessary for administering the licensing program, facilitating the
24placement of children in these facilities, and providing names and
25addresses, upon request, only to bona fide professional foster parent
26organizations and to professional organizations educating foster
27parents, including the Foster and Kinship Care Education Program
28of the California Community Colleges.

29(c) (1) Notwithstanding subdivision (b), the department, a
30county, or a foster family agency may request information from,
31or divulge information to, the department, a county, or a foster
32family agency, regarding a prospective certified parent, foster
33 parent, or relative caregiver for the purpose of, and as necessary
34to, conduct a reference check to determine whether it is safe and
35appropriate to license, certify, or approve an applicant to be a
36certified parent, foster parent, or relative caregiver.

37(2) This subdivision shall apply only to applications received
38on or before December 31, 2016, in accordance with Section 1517
39or 1517.1 of this code or Section 16519.5 of the Welfare and
40Institutions Code.

P90   1(d) The department may issue a citation and, after the issuance
2of that citation, may assess a civil penalty of fifty dollars ($50) per
3day for each instance of a foster family agency’s failure to provide
4the department with a log of certified and decertified homes or a
5log of resource families that were approved or had approval
6rescinded during the month by the 10th day of the following month.

7(e) The Legislature encourages the department, when funds are
8available for this purpose, to develop a database that would include
9all of the following information:

10(1) Monthly reports by a foster family agency regarding certified
11family homes and resource families.

12(2) A log of certified and decertified family homes, approved
13resource families, and resource families for which approval was
14rescinded, provided by a foster family agency to the department.

15(3) Notification by a foster family agency to the department
16informing the department of a foster family agency’s determination
17to decertify a certified family home or rescind the approval of a
18resource family due to any of the following actions by the certified
19family parent or resource family:

20(A) Violating licensing rules and regulations.

21(B) Aiding, abetting, or permitting the violation of licensing
22rules and regulations.

23(C) Conducting oneself in a way that is inimical to the health,
24morals, welfare, or safety of a child placed in that certified family
25home, or for a resource family, engaging in conduct that poses a
26risk or threat to the health and safety, protection, or well-being of
27a child or nonminor dependent.

28(D) Being convicted of a crime while a certified family parent
29or resource family.

30(E) Knowingly allowing any child to have illegal drugs or
31alcohol.

32(F) Committing an act of child abuse or neglect or an act of
33violence against another person.

34(f) At least annually, the department shall post on its Internet
35Web site a statewide summary of the information gathered pursuant
36to Sections 1538.8 and 1538.9. The summary shall include only
37deidentified and aggregate information that does not violate the
38confidentiality of a child’s identity and records.

P91   1

begin deleteSEC. 42.end delete
2
begin insertSEC. 44.end insert  

Section 1538.3 of the Health and Safety Code is
3amended to read:

4

1538.3.  

A county may develop a cooperative agreement with
5the department to access disclosable, public record information
6from an automated system, other than the system described in
7Section 1538.2, concerning substantiated complaints for all group
8home or short-term residential therapeutic programs, as defined
9by regulations of the department, located within that county. Access
10to the database may be accomplished through a secure online
11transaction protocol.

12

begin deleteSEC. 43.end delete
13
begin insertSEC. 45.end insert  

Section 1538.5 of the Health and Safety Code is
14amended to read:

15

1538.5.  

(a) (1) Not less than 30 days prior to the anniversary
16of the effective date of a residential community care facility license,
17except licensed foster family homes, the department may transmit
18a copy to the board members of the licensed facility, parents, legal
19guardians, conservators, clients’ rights advocates, or placement
20agencies, as designated in each resident’s placement agreement,
21of all inspection reports given to the facility by the department
22during the past year as a result of a substantiated complaint
23regarding a violation of this chapter relating to resident abuse and
24neglect, food, sanitation, incidental medical care, and residential
25supervision. During that one-year period the copy of the notices
26transmitted and the proof of the transmittal shall be open for public
27inspection.

28(2) The department may transmit copies of the inspection reports
29referred to in paragraph (1) concerning a group home or short-term
30residential therapeutic program, as defined by regulations of the
31department, to the county in which the group home or short-term
32residential therapeutic program is located, if requested by that
33county.

34(3) A group home or short-term residential therapeutic program
35shall maintain, at the facility, a copy of all licensing reports for
36the past three years that would be accessible to the public through
37the department, for inspection by placement officials, current and
38prospective facility clients, and these clients’ family members who
39visit the facility.

P92   1(b) The facility operator, at the expense of the facility, shall
2transmit a copy of all substantiated complaints, by certified mail,
3to those persons described pursuant to paragraph (1) of subdivision
4(a) in the following cases:

5(1) In the case of a substantiated complaint relating to resident
6physical or sexual abuse, the facility shall have three days from
7the date the facility receives the licensing report from the
8department to comply.

9(2) In the case in which a facility has received three or more
10substantiated complaints relating to the same violation during the
11past 12 months, the facility shall have five days from the date the
12facility receives the licensing report to comply.

13(c) A residential facility shall retain a copy of the notices
14transmitted pursuant to subdivision (b) and proof of their
15transmittal by certified mail for a period of one year after their
16transmittal.

17(d) If a residential facility to which this section applies fails to
18comply with this section, as determined by the department, the
19department shall initiate civil penalty action against the facility in
20accordance with this article and the related rules and regulations.

21(e) Not less than 30 days prior to the anniversary of the effective
22date of the license of any group home or short-term residential
23 therapeutic program, as defined by regulations of the department,
24at the request of the county in which the group home or short-term
25residential therapeutic program is located, a group home or
26short-term residential therapeutic program shall transmit to the
27county a copy of all incident reports prepared by the group home
28or short-term residential therapeutic program and transmitted to a
29placement agency, as described in subdivision (f) of Section
301536.1, in a county other than the county in which the group home
31or short-term residential therapeutic program is located that
32involved a response by local law enforcement or emergency
33services personnel, including runaway incidents. The county shall
34designate an official for the receipt of the incident reports and shall
35notify the group home or short-term residential therapeutic program
36of the designation. Prior to transmitting copies of incident reports
37to the county, the group home or short-term residential therapeutic
38program shall redact the name of any child referenced in the
39incident reports, and other identifying information regarding any
40child referenced in the reports. The county may review the incident
P93   1reports to ensure that the group home or short-term residential
2therapeutic program has taken appropriate action to ensure the
3health and safety of the residents of the facility.

4(f) The department shall notify the residential community care
5facility of its obligation when it is required to comply with this
6section.

7

begin deleteSEC. 44.end delete
8
begin insertSEC. 46.end insert  

Section 1538.6 of the Health and Safety Code is
9amended to read:

10

1538.6.  

(a) When the department periodically reviews the
11record of substantiated complaints against each group home or
12short-term residential therapeutic program, pursuant to its oversight
13role as prescribed by Section 1534, to determine whether the nature,
14number, and severity of incidents upon which complaints were
15based constitute a basis for concern as to whether the provider is
16capable of effectively and efficiently operating the program, and
17if the department determines that there is cause for concern, it may
18contact the county in which a group home or short-term residential
19therapeutic program is located and placement agencies in other
20counties using the group home or short-term residential therapeutic
21program, and request their recommendations as to what action, if
22any, the department should take with regard to the provider’s status
23as a licensed group home or short-term residential therapeutic
24program provider.

25(b) It is the intent of the Legislature that the department make
26every effort to communicate with the county in which a group
27home or short-term residential therapeutic program is located when
28the department has concerns about group homes or short-term
29residential therapeutic programs within that county.

30

begin deleteSEC. 45.end delete
31
begin insertSEC. 47.end insert  

Section 1538.7 of the Health and Safety Code is
32amended to read:

33

1538.7.  

(a) A group home, transitional housing placement
34provider, community treatment facility, runaway and homeless
35youth shelter, or short-term residential therapeutic program shall
36report to the department’s Community Care Licensing Division
37upon the occurrence of any incident concerning a child in the
38facility involving contact with law enforcement. At least every six
39months, the facility shall provide a followup report for each
40incident, including the type of incident, whether the incident
P94   1involved an alleged violation of any crime described in Section
2602 of the Welfare and Institutions Code by a child residing in the
3facility; whether staff, children, or both were involved; the gender,
4race, ethnicity, and age of children involved; and the outcomes,
5 including arrests, removals of children from placement, or
6termination or suspension of staff.

7(b) (1) If the department determines that, based on the licensed
8capacity, a facility has reported, pursuant to subdivision (a), a
9greater than average number of law enforcement contacts involving
10an alleged violation of any crime described in Section 602 of the
11Welfare and Institutions Code by a child residing in the facility,
12the department shall inspect the facility at least once a year.

13(2) An inspection conducted pursuant to paragraph (1) does not
14constitute an unannounced inspection required pursuant to Section
151534.

16(c) If an inspection is required pursuant to subdivision (b), the
17Community Care Licensing Division shall provide the report to
18the department’s Children and Family Services Division and to
19any other public agency that has certified the facility’s program
20or any component of the facility’s program including, but not
21limited to, the State Department of Health Care Services, which
22certifies group homes or approves short-term residential therapeutic
23programs pursuant to Section 4096.5 of the Welfare and Institutions
24Code.

25

begin deleteSEC. 46.end delete
26
begin insertSEC. 48.end insert  

Section 1538.8 of the Health and Safety Code is
27amended to read:

28

1538.8.  

(a) (1) In order to review and evaluate the use of
29psychotropic medications in group homes and short-term residential
30therapeutic programs, the department shall compile, to the extent
31feasible and not otherwise prohibited by law and based on
32information received from the State Department of Health Care
33Services, at least annually, information concerning each group
34home and short-term residential therapeutic program, including,
35but not limited to, the child welfare psychotropic medication
36measures developed by the department and the following
37Healthcare Effectiveness Data and Information Set (HEDIS)
38measures related to psychotropic medications:

39(A) Follow-Up Care for Children Prescribed Attention Deficit
40Hyperactivity Disorder Medication (HEDIS ADD), which measures
P95   1the number of children 6 to 12 years of age, inclusive, who have
2a visit with a provider with prescribing authority within 30 days
3of the new prescription.

4(B) Use of Multiple Concurrent Antipsychotics in Children and
5Adolescents (HEDIS APC), which does both of the following:

6(i) Measures the number of children receiving an antipsychotic
7medication for at least 60 out of 90 days and the number of children
8who additionally receive a second antipsychotic medication that
9overlaps with the first.

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

12(C) Use of First-Line Psychosocial Care for Children and
13Adolescents on Antipsychotics (HEDIS APP), which measures
14 whether a child has received psychosocial services 90 days before
15through 30 days after receiving a new prescription for an
16antipsychotic medication.

17(D) Metabolic Monitoring for Children and Adolescents on
18Antipsychotics (HEDIS APM), which does both of the following:

19(i) Measures testing for glucose or HbA1c and lipid or
20cholesterol of a child who has received at least two different
21antipsychotic prescriptions on different days.

22(ii) Reports a total rate and age stratifications including 6 to 11
23years of age, inclusive, and 12 to 17 years of age, inclusive.

24(2) The department shall post the list of data to be collected
25pursuant to this subdivision on the department’s Internet Web site.

26(b) The data in subdivision (a) concerning psychotropic
27medication, mental health services, and placement shall be drawn
28from existing data maintained by the State Department of Health
29Care Services and the State Department of Social Services and
30shared pursuant to a data sharing agreement meeting the
31requirements of all applicable state and federal laws and
32regulations.

33(c) This section does not apply to a runaway and homeless youth
34shelter, as defined in Section 1502.

35

begin deleteSEC. 47.end delete
36
begin insertSEC. 49.end insert  

Section 1538.9 of the Health and Safety Code is
37amended to read:

38

1538.9.  

(a) (1) (A) The department shall consult with the
39State Department of Health Care Services and stakeholders to
40establish a methodology for identifying those group homes
P96   1providing care under the AFDC-FC program pursuant to Sections
211460 and 11462 of the Welfare and Institutions Code that have
3levels of psychotropic drug utilization warranting additional review.
4The methodology shall be adopted on or before July 1, 2016.

5(B) Every three years after adopting the methodology developed
6under subparagraph (A), or earlier if needed, the department shall
7consult with the State Department of Health Care Services and
8stakeholders and revise the methodology, if necessary.

9(2) If the department, applying the methodology described in
10paragraph (1), determines that a facility appears to have levels of
11psychotropic drug utilization warranting additional review, it shall
12inspect the facility at least once a year.

13(3) The inspection of the facility shall include, but not be limited
14to, a review of the following:

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

16(B) Child-to-staff ratios.

17(C) Staff qualifications and training.

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

19(E) Availability of psychosocial and other alternative treatments
20to the use of psychotropic medications.

21(F) Other factors that the department determines contribute to
22levels of psychotropic drug utilization that warrant additional
23review.

24(G) Confidential interviews of children residing in the facility
25at the time of the inspection.

26(4) The inspection of the facility may include, but is not limited
27to, the following:

28(A) Confidential interviews of children who resided in the
29facility within the last six months.

30(B) Confidential discussions with physicians identified as
31prescribing the medications.

32(b) Following an inspection conducted pursuant to this section,
33the department, as it deems appropriate, may do either or both of
34the following:

35(1) Share relevant information and observations with county
36placing agencies, social workers, probation officers, the court,
37dependency counsel, or the Medical Board of California, as
38applicable.

39(2) Share relevant information and observations with the facility
40and require the facility to submit a plan, within 30 days of receiving
P97   1the information and observations from the department, to address
2any identified risks within the control of the facility related to
3psychotropic medication. The department shall approve the plan
4and verify implementation of the plan to determine whether those
5risks have been remedied.

6(c) (1) Notwithstanding the rulemaking provisions of the
7Administrative Procedure Act (Chapter 3.5 (commencing with
8Section 11340) of Part 1 of Division 3 of Title 2 of the Government
9Code), until emergency regulations are filed with the Secretary of
10State, the department may implement this section through
11all-county letters or similar instructions.

12(2) On or before January 1, 2017, the department shall adopt
13regulations to implement this section. The initial adoption,
14amendment, or repeal of a regulation authorized by this subdivision
15is deemed to address an emergency, for purposes of Sections
1611346.1 and 11349.6 of the Government Code, and the department
17is hereby exempted for that purpose from the requirements of
18subdivision (b) of Section 11346.1 of the Government Code. After
19the initial adoption, amendment, or repeal of an emergency
20regulation pursuant to this section, the department may twice
21request approval from the Office of Administrative Law to readopt
22the regulation as an emergency regulation pursuant to Section
2311346.1 of the Government Code. The department shall adopt final
24regulations on or before January 1, 2018.

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

26(1) Replaces or alters other requirements for responding to
27complaints and making inspections or visits to group homes,
28including, but not limited to, those set forth in Sections 1534 and
291538.

30(2) Prevents or precludes the department from taking any other
31action permitted under any other law, including any regulation
32adopted pursuant to this chapter.

33(e) The methodology developed pursuant to this section shall
34apply to short-term residential therapeutic programs, as defined
35in Section 1502, in a manner determined by the department.

36(f) This section does not apply to a runaway and homeless youth
37shelter, as defined in Section 1502.

38

begin deleteSEC. 48.end delete
39
begin insertSEC. 50.end insert  

Section 1548 of the Health and Safety Code is
40amended to read:

P98   1

1548.  

(a) In addition to the suspension, temporary suspension,
2or revocation of a license issued under this chapter, the department
3may levy a civil penalty.

4(b) The amount of the civil penalty shall not be less than
5twenty-five dollars ($25) or more than fifty dollars ($50) per day
6for each violation of this chapter except when the nature or
7seriousness of the violation or the frequency of the violation
8warrants a higher penalty or an immediate civil penalty assessment,
9or both, as determined by the department. Except as otherwise
10provided in this chapter, a civil penalty assessment shall not exceed
11one hundred fifty dollars ($150) per day per violation.

12(c) Notwithstanding Section 1534, the department shall assess
13an immediate civil penalty of one hundred fifty dollars ($150) per
14day per violation for any of the following serious violations:

15(1) (A) Fire clearance violations, including, but not limited to,
16overcapacity, ambulatory status, inoperable smoke alarms, and
17inoperable fire alarm systems. The civil penalty shall not be
18assessed if the licensee has done either of the following:

19(i) Requested the appropriate fire clearance based on ambulatory,
20nonambulatory, or bedridden status, and the decision is pending.

21(ii) Initiated eviction proceedings.

22(B) A licensee denied a clearance for bedridden residents may
23appeal to the fire authority, and, if that appeal is denied, may
24subsequently appeal to the Office of the State Fire Marshal, and
25shall not be assessed an immediate civil penalty until the final
26appeal is decided, or after 60 days has passed from the date of the
27citation, whichever is earlier.

28(2) Absence of supervision, as required by statute or regulation.

29(3) Accessible bodies of water when prohibited in this chapter
30or regulations adopted pursuant to this chapter.

31(4) Accessible firearms, ammunition, or both.

32(5) Refused entry to a facility or any part of a facility in violation
33of Section 1533, 1534, or 1538.

34(6) The presence of an excluded person on the premises.

35(d) (1) For a violation that the department determines resulted
36in the death of a resident at an adult residential facility, social
37rehabilitation facility, enhanced behavioral supports home, or
38community crisis home, the civil penalty shall be fifteen thousand
39dollars ($15,000).

P99   1(2) For a violation that the department determines resulted in
2the death of a person receiving care at an adult day program, the
3civil penalty shall be assessed as follows:

4(A) Seven thousand five hundred dollars ($7,500) for a licensee
5licensed, among all of the licensee’s facilities, to care for 50 or
6less persons.

7(B) Ten thousand dollars ($10,000) for a licensee licensed,
8among all of the licensee’s facilities, to care for more than 50
9persons.

10(3) For a violation that the department determines resulted in
11the death of a person receiving care at a therapeutic day services
12facility, foster family agency, community treatment facility,
13full-service adoption agency, noncustodial adoption agency,
14transitional shelter care facility, transitional housing placement
15provider, group home, or short-term residential therapeutic
16program, the civil penalty shall be assessed as follows:

17(A) Seven thousand five hundred dollars ($7,500) for a licensee
18licensed, among all of the licensee’s facilities, to care for 40 or
19less children.

20(B) Ten thousand dollars ($10,000) for a licensee licensed,
21among all of the licensee’s facilities, to care for 41 to 100,
22inclusive, children.

23(C) Fifteen thousand dollars ($15,000) for a licensee licensed,
24among all of the licensee’s facilities, to care for more than 100
25children.

26(4) For a violation that the department determines resulted in
27the death of a resident at a runaway and homeless youth shelter,
28the civil penalty shall be five thousand dollars ($5,000).

29(e) (1) (A) For a violation that the department determines
30constitutes physical abuse, as defined in Section 15610.63 of the
31Welfare and Institutions Code, or resulted in serious bodily injury,
32as defined in Section 243 of the Penal Code, to a resident at an
33adult residential facility, social rehabilitation facility, enhanced
34behavioral supports home, or community crisis home, the civil
35penalty shall be ten thousand dollars ($10,000).

36(B) For a violation that the department determines constitutes
37physical abuse, as defined in Section 15610.63 of the Welfare and
38Institutions Code, or resulted in serious bodily injury, as defined
39in Section 243 of the Penal Code, to a person receiving care at an
40adult day program, the civil penalty shall be assessed as follows:

P100  1(i) Two thousand five hundred dollars ($2,500) for a licensee
2licensed, among all of the licensee’s facilities, to care for 50 or
3less persons.

4(ii) Five thousand dollars ($5,000) for a licensee licensed, among
5all of the licensee’s facilities, to care for more than 50 persons.

6(C) For a violation that the department determines constitutes
7physical abuse, as defined in paragraph (2), or resulted in serious
8bodily injury, as defined in Section 243 of the Penal Code, to a
9person receiving care at a therapeutic day services facility, foster
10family agency, community treatment facility, full-service adoption
11agency, noncustodial adoption agency, transitional shelter care
12facility, transitional housing placement provider, group home, or
13short-term residential therapeutic program, the civil penalty shall
14be assessed as follows:

15(i) Two thousand five hundred dollars ($2,500) for a licensee
16licensed, among all of the licensee’s facilities, to care for 40 or
17 less children.

18(ii) Five thousand dollars ($5,000) for a licensee licensed, among
19all of the licensee’s facilities, to care for 41 to 100, inclusive,
20children.

21(iii) Ten thousand dollars ($10,000) for a licensee licensed,
22among all of the licensee’s facilities, to care for more than 100
23children.

24(D) For a violation that the department determines constitutes
25physical abuse, as defined in paragraph (2), or resulted in serious
26bodily injury, as defined in Section 243 of the Penal Code, to a
27resident at a runaway and homeless youth shelter, the civil penalty
28shall be one thousand dollars ($1,000).

29(2) For purposes of subparagraphs (C) and (D), “physical abuse”
30includes physical injury inflicted upon a child by another person
31by other than accidental means, sexual abuse as defined in Section
3211165.1 of the Penal Code, neglect as defined in Section 11165.2
33of the Penal Code, or unlawful corporal punishment or injury as
34defined in Section 11165.4 of the Penal Code when the person
35responsible for the child’s welfare is a licensee, administrator, or
36employee of any facility licensed to care for children.

37(f) Prior to the issuance of a citation imposing a civil penalty
38pursuant to subdivision (d) or (e), the decision shall be approved
39by the program administrator of the Community Care Licensing
40Division.

P101  1(g) Notwithstanding Section 1534, any facility that is cited for
2repeating the same violation of this chapter within 12 months of
3the first violation is subject to an immediate civil penalty of one
4hundred fifty dollars ($150) and fifty dollars ($50) for each day
5the violation continues until the deficiency is corrected.

6(h) Any facility that is assessed a civil penalty pursuant to
7subdivision (g) that repeats the same violation of this chapter within
812 months of the violation subject to subdivision (g) is subject to
9an immediate civil penalty of one hundred fifty dollars ($150) for
10each day the violation continues until the deficiency is corrected.

11(i) (1) The department shall adopt regulations setting forth the
12appeal procedures for deficiencies.

13(2) A notification of a deficiency written by a representative of
14the department shall include a factual description of the nature of
15the deficiency fully stating the manner in which the licensee failed
16to comply with the specified statute or regulation, and, if
17applicable, the particular place or area of the facility in which the
18deficiency occurred.

19(j) (1) A licensee shall have the right to submit to the
20department a written request for a formal review of a civil penalty
21assessed pursuant to subdivisions (d) and (e) within 15 business
22days of receipt of the notice of a civil penalty assessment and shall
23provide all available supporting documentation at that time. The
24review shall be conducted by the deputy director of the Community
25Care Licensing Division. The licensee may submit additional
26supporting documentation that was unavailable at the time of
27submitting the request for review within the first 30 business days
28after submitting the request for review. If the department requires
29additional information from the licensee, that information shall be
30requested within the first 30 business days after receiving the
31request for review. The licensee shall provide this additional
32information within 30 business days of receiving the request from
33the department. If the deputy director determines that the civil
34penalty was not assessed, or the finding of deficiency was not
35made, in accordance with applicable statutes or regulations of the
36department, he or she may amend or dismiss the civil penalty or
37finding of deficiency. The licensee shall be notified in writing of
38the deputy director’s decision within 60 business days of the date
39when all necessary information has been provided to the
40department by the licensee.

P102  1(2) Upon exhausting the review described in paragraph (1), a
2licensee may further appeal that decision to an administrative law
3judge. Proceedings shall be conducted in accordance with Chapter
45 (commencing with Section 11500) of Part 1 of Division 3 of
5Title 2 of the Government Code, and the department shall have all
6the powers granted by those provisions. In all proceedings
7conducted in accordance with this section, the standard of proof
8shall be by a preponderance of the evidence.

9(3) If, in addition to an assessment of civil penalties, the
10department elects to file an administrative action to suspend or
11revoke the facility license that includes violations relating to the
12assessment of the civil penalties, the department review of the
13pending appeal shall cease and the assessment of the civil penalties
14shall be heard as part of the administrative action process.

15(k) (1) A licensee shall have the right to submit to the
16department a written request for a formal review of any other civil
17penalty or deficiency not described in subdivision (j) within 15
18business days of receipt of the notice of a civil penalty assessment
19or a finding of a deficiency, and shall provide all available
20supporting documentation at that time. The review shall be
21conducted by a regional manager of the Community Care Licensing
22Division. The licensee may submit additional supporting
23documentation that was unavailable at the time of submitting the
24request for review within the first 30 business days after submitting
25the request for review. If the department requires additional
26information from the licensee, that information shall be requested
27within the first 30 business days after receiving the request for
28review. The licensee shall provide this additional information
29within 30 business days of receiving the request from the
30department. If the regional manager determines that the civil
31penalty was not assessed, or the finding of the deficiency was not
32made, in accordance with applicable statutes or regulations of the
33department, he or she may amend or dismiss the civil penalty or
34finding of deficiency. The licensee shall be notified in writing of
35the regional manager’s decision within 60 business days of the
36date when all necessary information has been provided to the
37department by the licensee.

38(2) Upon exhausting the review described in paragraph (1), the
39licensee may further appeal that decision to the program
40administrator of the Community Care Licensing Division within
P103  115 business days of receipt of notice of the regional manager’s
2decision. The licensee may submit additional supporting
3documentation that was unavailable at the time of appeal to the
4program administrator within the first 30 business days after
5requesting that appeal. If the department requires additional
6information from the licensee, that information shall be requested
7within the first 30 business days after receiving the request for the
8appeal. The licensee shall provide this additional information
9within 30 business days of receiving the request from the
10department. If the program administrator determines that the civil
11penalty was not assessed, or the finding of the deficiency was not
12made, in accordance with applicable statutes or regulations of the
13department, he or she may amend or dismiss the civil penalty or
14finding of deficiency. The licensee shall be notified in writing of
15the program administrator’s decision within 60 business days of
16the date when all necessary information has been provided to the
17department by the licensee. The program administrator’s decision
18is considered final and concludes the licensee’s administrative
19appeal rights regarding the appeal conducted pursuant to this
20paragraph.

21(l) The department shall adopt regulations implementing this
22section.

23(m) The department shall, by January 1, 2016, amend its
24regulations to reflect the changes to this section made by Section
252 of Chapter 813 of the Statutes of 2014.

26(n) As provided in Section 11466.31 of the Welfare and
27Institutions Code, the department may offset civil penalties owed
28by a group home or short-term residential therapeutic program
29against moneys to be paid by a county for the care of minors after
30the group home or short-term residential therapeutic program has
31exhausted its appeal of the civil penalty assessment. The
32department shall provide the group home or short-term residential
33therapeutic program a reasonable opportunity to pay the civil
34penalty before instituting the offset provision.

35(o) Notwithstanding the Administrative Procedure Act (Chapter
363.5 (commencing with Section 11340) of Part 1 of Division 3 of
37Title 2 of the Government Code), the department may implement
38and administer the changes made by the act that added this
39subdivision through all-county letters or similar written instructions
P104  1until regulations are adopted pursuant to the Administrative
2Procedure Act.

3

begin deleteSEC. 49.end delete
4
begin insertSEC. 51.end insert  

Section 1562 of the Health and Safety Code is
5amended to read:

6

1562.  

(a) The department shall ensure that operators and staffs
7of community care facilities have appropriate training to provide
8the care and services for which a license or certificate is issued.
9The section shall not apply to a facility licensed as an Adult
10Residential Facility for Persons with Special Health Care Needs
11pursuant to Article 9 (commencing with Section 1567.50).

12(b) It is the intent of the Legislature that children in foster care
13reside in the least restrictive, family-based settings that can meet
14their needs, and that group homes and short-term residential
15therapeutic programs will be used only for short-term, specialized,
16and intensive treatment purposes that are consistent with a case
17plan that is determined by a child’s best interests. Accordingly,
18the Legislature encourages the department to adopt policies,
19practices, and guidance that ensure that the education, qualification,
20and training requirements for child care staff in group homes and
21short-term residential therapeutic programs are consistent with the
22intended role of group homes and short-term residential therapeutic
23programs to provide short-term, specialized, and intensive
24treatment, with a particular focus on crisis intervention, behavioral
25stabilization, and other treatment-related goals, as well as the
26connections between those efforts and work toward permanency
27for children.

28(c) (1) Each person employed as a facility manager or staff
29member of a group home or short-term residential therapeutic
30program, as defined in paragraphs (13) and (18) of subdivision (a)
31of Section 1502, who provides direct care and supervision to
32children and youth residing in the group home or short-term
33residential therapeutic program shall be at least 21 years of age.

34(2) Paragraph (1) shall not apply to a facility manager or staff
35member employed at the group home before October 1, 2014.

36(3) For purposes of this subdivision, “group home” does not
37include a runaway and homeless youth shelter.

38

begin deleteSEC. 50.end delete
39
begin insertSEC. 52.end insert  

Section 1562.01 of the Health and Safety Code is
40amended to read:

P105  1

1562.01.  

(a) The department shall license short-term residential
2therapeutic programs, as defined in paragraph (18) of subdivision
3(a) of Section 1502, pursuant to this chapter. A short-term
4residential therapeutic program shall comply with all requirements
5of this chapter that are applicable to group homes and to the
6requirements of this section.

7(b) (1) A short-term residential therapeutic program shall have
8national accreditation from an entity identified by the department
9pursuant to the process described in paragraph (6) of subdivision
10(b) of Section 11462 of the Welfare and Institutions Code.

11(2) A short-term residential therapeutic program applicant shall
12submit documentation of accreditation or application for
13accreditation with its application for licensure.

14(3) A short-term residential therapeutic program shall have up
15to 24 months from the date of licensure to obtain accreditation.

16(4) A short-term residential therapeutic program shall provide
17documentation to the department reporting its accreditation status
18at 12 months and at 18 months after the date of licensure.

19(5) This subdivision does not preclude the department from
20requesting additional information from the short-term residential
21therapeutic program regarding its accreditation status.

22(6) The department may revoke a short-term residential
23therapeutic program’s license pursuant to Article 5 (commencing
24with Section 1550) for failure to obtain accreditation within the
25timeframes specified in this subdivision.

26(c) (1) A short-term residential therapeutic program shall have
27up to 12 months from the date of licensure to obtain in good
28standing a mental health program approval that includes a Medi-Cal
29mental health certification, as set forth in Sections 4096.5 and
3011462.01 of the Welfare and Institutions Code.

31(2) A short-term residential therapeutic program shall maintain
32the program approval described in paragraph (1) in good standing
33during its licensure.

34(3) The department shall track the number of licensed short-term
35residential therapeutic programs that were unable to obtain a mental
36health program approval and provide that information to the
37Legislature annually as part of the State Budget process.

38(d) (1) A short-term residential therapeutic program shall
39prepare and maintain a current, written plan of operation as required
40by the department.

P106  1(2) The plan of operation shall include, but not be limited to,
2all of the following:

3(A) A statement of purposes and goals.

4(B) A plan for the supervision, evaluation, and training of staff.
5The training plan shall be appropriate to meet the needs of staff
6and children.

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

8(i) Description of the short-term residential therapeutic
9program’s ability to support the differing needs of children and
10their families with short-term, specialized, and intensive treatment.

11(ii) Description of the core services, as set forth in paragraph
12(1) of subdivision (b) of Section 11462 of the Welfare and
13Institutions Code, to be offered to children and their families, as
14appropriate or necessary.

15(iii) Procedures for the development, implementation, and
16periodic updating of the needs and services plan for children served
17by the short-term residential therapeutic program and procedures
18for collaborating with the child and family team described in
19paragraph (4) of subdivision (a) of Section 16501 of the Welfare
20and Institutions Code, that include, but are not limited to, a
21description of the services to be provided to meet the treatment
22needs of the child as assessed, pursuant to subdivision (d) or (e)
23of Section 11462.01 of the Welfare and Institutions Code, the
24anticipated duration of the treatment, and the timeframe and plan
25for transitioning the child to a less restrictive family environment.

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

27(v) A description of compliance with the mental health program
28approval requirement in subdivision (c). A short-term residential
29therapeutic program that has not satisfied the requirement in
30subdivision (c) shall demonstrate the ability to meet the mental
31health service needs of children.

32(vi) (I) A description of how the short-term residential
33therapeutic program, in accordance with the child’s case plan and
34the child and family team recommendations, will provide for,
35arrange for the provision of, or assist in, both of the following:

36(ia) Identification of home-based family settings for a child who
37no longer needs the level of care and supervision provided by a
38short-term residential therapeutic program.

39(ib) Continuity of care, services, and treatment as a child moves
40from his or her short-term residential therapeutic program
P107  1placement to home-based family care or to a permanent living
2situation through reunification, adoption, or guardianship.

3(II) This clause shall not be interpreted to supersede the
4placement and care responsibility vested in the county child welfare
5agency or probation department.

6(vii) Any other information that may be prescribed by the
7department for the proper administration of this section.

8(e) In addition to the rules and regulations adopted pursuant to
9this chapter, a county licensed to operate a short-term residential
10therapeutic program shall describe, in the plan of operation, its
11conflict of interest mitigation plan, as set forth in subdivision (g)
12of Section 11462.02 of the Welfare and Institutions Code.

13(f) (1) (A) (i) A short-term residential therapeutic program
14applicant shall submit an application to the department that includes
15a letter of recommendation in support of its program from a county
16placing agency.

17(ii) The letter of recommendation shall include a statement that
18the county placing agency reviewed a copy of the applicant’s
19program statement.

20(iii) If the letter of recommendation is not from the county in
21which the facility is located, the short-term residential therapeutic
22program applicant shall include, with its application, a statement
23that it provided the county in which the facility is located an
24opportunity for that county to review the program statement and
25notified that county that the facility has received a letter of
26recommendation from another county.

27(B) If the application does not contain a letter of
28recommendation as described in subparagraph (A), then the
29department shall cease review of the application. Nothing in this
30paragraph shall constitute a denial of the application for purposes
31of Section 1526 or any other law.

32(C) A new letter of recommendation is not required when a
33short-term residential therapeutic program moves locations.

34(2) A short-term residential therapeutic program shall submit a
35copy of its program statement to all county placing agencies from
36which the short-term residential therapeutic program accepts
37placements, including the county in which the facility is located,
38for optional review when the short-term residential therapeutic
39program updates its program statement.

P108  1(g) (1) The department shall adopt regulations to establish
2requirements for the education, qualification, and training of facility
3managers and staff who provide care and supervision to children
4or who have regular, direct contact with children in the course of
5their responsibilities in short-term residential therapeutic programs
6consistent with the intended role of these facilities to provide
7short-term, specialized, and intensive treatment.

8(2) Requirements shall include, but not be limited to, all of the
9following:

10(A) Staff classifications.

11(B) Specification of the date by which employees shall be
12required to meet the education and qualification requirements.

13(C) Any other requirements that may be prescribed by the
14department for the proper administration of this section.

15(h) The department shall adopt regulations to specify training
16requirements for staff who provide care and supervision to children
17or who have regular, direct contact with children in the course of
18their responsibilities. These requirements shall include the
19following:

20(1) Timeframes for completion of training, including the
21following:

22(A) Training that shall be completed prior to unsupervised care
23of children.

24(B) Training to be completed within the first 180 days of
25employment.

26(C) Training to be completed annually.

27(2) Topics to be covered in the training shall include, but are
28not limited to, the following:

29(A) Child and adolescent development, including sexual
30orientation, gender identity, and gender expression.

31(B) The effects of trauma, including grief and loss, and child
32abuse and neglect on child development and behavior and methods
33to behaviorally support children impacted by that trauma or child
34abuse and neglect.

35(C) The rights of a child in foster care, including the right to
36have fair and equal access to all available services, placement,
37care, treatment, and benefits, and to not be subjected to
38discrimination or harassment on the basis of actual or perceived
39race, ethnic group identification, ancestry, national origin, color,
P109  1religion, sex, sexual orientation, gender identity, mental or physical
2disability, or HIV status.

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

4(E) Core practice model.

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

6(G) Reasonable and prudent parent standard.

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

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

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

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

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

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

29(N) Health issues in foster care.

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

33(i) (1) Each person employed as a facility manager or staff
34member of a short-term residential therapeutic program, who
35provides direct care and supervision to children and youth residing
36in the short-term residential therapeutic program shall be at least
3721 years of age.

38(2) This subdivision shall not apply to a facility manager or staff
39member employed, before October 1, 2014, at a short-term
P110  1residential therapeutic program that was operating under a group
2home license prior to January 1, 2016.

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

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

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

16

begin deleteSEC. 51.end delete
17
begin insertSEC. 53.end insert  

Section 1562.35 of the Health and Safety Code is
18amended to read:

19

1562.35.  

Notwithstanding any law to the contrary, including,
20but not limited to Section 1562.3, vendors approved by the
21department who exclusively provide either initial or continuing
22education courses for certification of administrators of an adult
23residential facility as defined by the department, a group home
24facility as defined by the department, a short-term residential
25therapeutic program as defined by the department, or a residential
26care facility for the elderly as defined in subdivision (k) of Section
271569.2, shall be regulated solely by the department pursuant to
28this chapter. No other state or local governmental entity shall be
29responsible for regulating the activity of those vendors.

30

begin deleteSEC. 52.end delete
31
begin insertSEC. 54.end insert  

Section 1563 of the Health and Safety Code is
32amended to read:

33

1563.  

(a) The department shall ensure that licensing personnel
34at the department have appropriate training to properly carry out
35this chapter.

36(b) The department shall institute a staff development and
37training program to develop among departmental staff the
38knowledge and understanding necessary to successfully carry out
39this chapter. Specifically, the program shall do all of the following:

P111  1(1) Provide staff with 36 hours of training per year that reflects
2the needs of persons served by community care facilities. This
3training shall, where appropriate, include specialized instruction
4in the needs of foster children, persons with mental disorders, or
5developmental or physical disabilities, or other groups served by
6specialized community care facilities.

7(2) Give priority to applications for employment from persons
8with experience as care providers to persons served by community
9care facilities.

10(3) Provide new staff with comprehensive training within the
11first six months of employment. This comprehensive training shall,
12at a minimum, include the following core areas: administrative
13action process, client populations, conducting facility visits, cultural
14awareness, documentation skills, facility operations, human relation
15skills, interviewing techniques, investigation processes, and
16regulation administration.

17(c) In addition to the requirements in subdivision (b), group
18home, short-term residential therapeutic program, and foster family
19agency licensing personnel shall receive a minimum of 24 hours
20of training per year to increase their understanding of children in
21group homes, short-term residential therapeutic programs, certified
22homes, and foster family homes. The training shall cover, but not
23be limited to, all of the following topics:

24(1) The types and characteristics of emotionally troubled
25children.

26(2) The high-risk behaviors they exhibit.

27(3) The biological, psychological, interpersonal, and social
28contributors to these behaviors.

29(4) The range of management and treatment interventions
30utilized for these children, including, but not limited to, nonviolent,
31emergency intervention techniques.

32(5) The right of a foster child to have fair and equal access to
33all available services, placement, care, treatment, and benefits, and
34to not be subjected to discrimination or harassment on the basis
35of actual or perceived race, ethnic group identification, ancestry,
36national origin, color, religion, sex, sexual orientation, gender
37identity, mental or physical disability, or HIV status.

38(d) The training described in subdivisions (b) and (c) may
39include the following topics:

40(1) An overview of the child protective and probation systems.

P112  1(2) The effects of trauma, including grief and loss, and child
2abuse or neglect on child development and behavior, and methods
3to behaviorally support children impacted by that trauma or child
4abuse and neglect.

5(3) Positive discipline and the importance of self-esteem.

6(4) Health issues in foster care, including, but not limited to,
7the authorization, uses, risks, benefits, assistance with
8self-administration, oversight, and monitoring of psychotropic
9medications, and trauma, mental health, and substance use disorder
10treatments for children in foster care under the jurisdiction of the
11juvenile court, including how to access those treatments.

12(5) Accessing the services and supports available to foster
13children to address educational needs, physical, mental, and
14behavioral health, substance use disorders, and culturally relevant
15services.

16(6) Instruction on cultural competency and sensitivity and related
17best practices for, providing adequate care for children across
18diverse ethnic and racial backgrounds, as well as for children
19identifying as lesbian, gay, bisexual, and transgender.

20(7) Understanding how to use best practices for providing care
21and supervision to commercially sexually exploited children.

22(8) Understanding the federal Indian Child Welfare Act (25
23U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
24children covered by the act, and the best interests of Indian
25children, including the role of the caregiver in supporting culturally
26appropriate, child-centered practices that respect Native American
27history, culture, retention of tribal membership, and connection to
28the tribal community and traditions.

29(9) Understanding how to use best practices for providing care
30and supervision to nonminor dependents.

31(10) Understanding how to use best practices for providing care
32and supervision to children with special health care needs.

33(11) Basic instruction on existing laws and procedures regarding
34the safety of foster youth at school; and ensuring a harassment and
35violence free school environment pursuant to Article 3.6
36(commencing with Section 32228) of Chapter 2 of Part 19 of
37Division 1 of Title 1 of the Education Code.

38(12) Permanence, well-being, and educational needs of children.

39(13) Child and adolescent development, including sexual
40orientation, gender identity, and gender expression.

P113  1(14) The role of foster parents, including working cooperatively
2with the child welfare or probation agency, the child’s family, and
3other service providers implementing the case plan.

4(15) A foster parent’s responsibility to act as a reasonable and
5prudent parent, and to provide a family setting that promotes
6normal childhood experiences that serve the needs of the child.

7(16) Physical and psychosocial needs of children, including
8behavior management, deescalation techniques, and trauma
9informed crisis management planning.

10

begin deleteSEC. 53.end delete
11
begin insertSEC. 55.end insert  

Section 1567.4 of the Health and Safety Code is
12amended to read:

13

1567.4.  

The State Department of Social Services shall provide,
14at cost, quarterly to each county and to each city, upon the request
15of the county or city, and to the chief probation officer of each
16county and city and county, a roster of all community care facilities
17licensed as small family homes, short-term residential therapeutic
18programs, or group homes located in the county, which provide
19services to wards of the juvenile court, including information as
20to whether each facility is licensed by the state or the county, the
21type of facility, and the licensed bed capacity of each such facility.
22Information concerning the facility shall be limited to that available
23through the computer system of the State Department of Social
24 Services.

25

begin deleteSEC. 54.end delete
26
begin insertSEC. 56.end insert  

Section 676.7 of the Insurance Code is amended to
27read:

28

676.7.  

(a) No admitted insurer, licensed to issue and issuing
29homeowner’s or tenant’s policies, as described in Section 122,
30shall (1) fail or refuse to accept an application for that insurance
31or to issue that insurance to an applicant or (2) cancel that
32insurance, solely on the basis that the applicant or policyholder is
33engaged in foster home activities in a licensed foster family home
34or licensed small family home, as defined in Section 1502 of the
35Health and Safety Code, or an approved resource family, as defined
36in Section 16519.5 of the Welfare and Institutions Code.

37(b) Coverage under policies described in subdivision (a) with
38respect to a foster child shall be the same as that provided for a
39natural child. However, unless specifically provided in the policy,
40there shall be no coverage expressly provided in the policy for any
P114  1bodily injury arising out of the operation or use of any motor
2vehicle, aircraft, or watercraft owned or operated by, or rented or
3loaned to, any foster parent.

4(c) It is against public policy for a policy of homeowner’s or
5tenant’s insurance subject to this section to provide liability
6coverage for any of the following losses:

7(1) Claims of a foster child, or a parent, guardian, or guardian
8ad litem thereof, of a type payable by the Foster Family Home and
9Small Family Home Insurance Fund established by Section 1527.1
10of the Health and Safety Code, regardless of whether the claim is
11within the limits of coverage specified in Section 1527.4 of the
12Health and Safety Code.

13(2) An insurer shall not be liable, under a policy of insurance
14subject to this section, to any governmental agency for damage
15arising from occurrences peculiar to the foster-care relationship
16and the provision of foster-care services.

17(3) Alienation of affection of a foster child.

18(4) Any loss arising out of licentious, immoral, or sexual
19behavior on the part of a foster parent intended to lead to, or
20culminating in, any sexual act.

21(5) Any loss arising out of a dishonest, fraudulent, criminal, or
22intentional act.

23(d) There shall be no penalty for violations of this section prior
24to January 1, 1987.

25(e) Insurers may provide a special endorsement to a
26homeowners’ or tenants’ policy covering claims related to foster
27care that are not excluded by subdivision (c).

28(f) Insurers may provide by a separate policy for some or all of
29the claims related to foster care that are excluded by subdivision
30(c).

31

begin deleteSEC. 55.end delete
32
begin insertSEC. 57.end insert  

Section 11165.7 of the Penal Code is amended to
33read:

34

11165.7.  

(a) As used in this article, “mandated reporter” is
35defined as any of the following:

36(1) A teacher.

37(2) An instructional aide.

38(3) A teacher’s aide or teacher’s assistant employed by a public
39or private school.

40(4) A classified employee of a public school.

P115  1(5) An administrative officer or supervisor of child welfare and
2attendance, or a certificated pupil personnel employee of a public
3or private school.

4(6) An administrator of a public or private day camp.

5(7) An administrator or employee of a public or private youth
6center, youth recreation program, or youth organization.

7(8) An administrator or employee of a public or private
8organization whose duties require direct contact and supervision
9of children.

10(9) An employee of a county office of education or the State
11Department of Education whose duties bring the employee into
12contact with children on a regular basis.

13(10) A licensee, an administrator, or an employee of a licensed
14community care or child day care facility.

15(11) A Head Start program teacher.

16(12) A licensing worker or licensing evaluator employed by a
17licensing agency, as defined in Section 11165.11.

18(13) A public assistance worker.

19(14) An employee of a child care institution, including, but not
20limited to, foster parents, group home personnel, and personnel of
21residential care facilities.

22(15) A social worker, probation officer, or parole officer.

23(16) An employee of a school district police or security
24department.

25(17) A person who is an administrator or presenter of, or a
26counselor in, a child abuse prevention program in a public or
27private school.

28(18) A district attorney investigator, inspector, or local child
29support agency caseworker, unless the investigator, inspector, or
30caseworker is working with an attorney appointed pursuant to
31Section 317 of the Welfare and Institutions Code to represent a
32minor.

33(19) A peace officer, as defined in Chapter 4.5 (commencing
34with Section 830) of Title 3 of Part 2, who is not otherwise
35described in this section.

36(20) A firefighter, except for volunteer firefighters.

37(21) A physician and surgeon, psychiatrist, psychologist, dentist,
38resident, intern, podiatrist, chiropractor, licensed nurse, dental
39hygienist, optometrist, marriage and family therapist, clinical social
40worker, professional clinical counselor, or any other person who
P116  1is currently licensed under Division 2 (commencing with Section
2500) of the Business and Professions Code.

3(22) An emergency medical technician I or II, paramedic, or
4other person certified pursuant to Division 2.5 (commencing with
5Section 1797) of the Health and Safety Code.

6(23) A psychological assistant registered pursuant to Section
72913 of the Business and Professions Code.

8(24) A marriage and family therapist trainee, as defined in
9subdivision (c) of Section 4980.03 of the Business and Professions
10Code.

11(25) An unlicensed marriage and family therapist intern
12registered under Section 4980.44 of the Business and Professions
13Code.

14(26) A state or county public health employee who treats a minor
15for venereal disease or any other condition.

16(27) A coroner.

17(28) A medical examiner or other person who performs
18autopsies.

19(29) A commercial film and photographic print or image
20processor as specified in subdivision (e) of Section 11166. As used
21in this article, “commercial film and photographic print or image
22processor” means a person who develops exposed photographic
23film into negatives, slides, or prints, or who makes prints from
24negatives or slides, or who prepares, publishes, produces, develops,
25duplicates, or prints any representation of information, data, or an
26image, including, but not limited to, any film, filmstrip, photograph,
27negative, slide, photocopy, videotape, video laser disc, computer
28hardware, computer software, computer floppy disk, data storage
29medium, CD-ROM, computer-generated equipment, or
30computer-generated image, for compensation. The term includes
31any employee of that person; it does not include a person who
32develops film or makes prints or images for a public agency.

33(30) A child visitation monitor. As used in this article, “child
34visitation monitor” means a person who, for financial
35compensation, acts as a monitor of a visit between a child and
36another person when the monitoring of that visit has been ordered
37 by a court of law.

38(31) An animal control officer or humane society officer. For
39the purposes of this article, the following terms have the following
40meanings:

P117  1(A) “Animal control officer” means a person employed by a
2city, county, or city and county for the purpose of enforcing animal
3control laws or regulations.

4(B) “Humane society officer” means a person appointed or
5employed by a public or private entity as a humane officer who is
6qualified pursuant to Section 14502 or 14503 of the Corporations
7Code.

8(32) A clergy member, as specified in subdivision (d) of Section
911166. As used in this article, “clergy member” means a priest,
10minister, rabbi, religious practitioner, or similar functionary of a
11church, temple, or recognized denomination or organization.

12(33) Any custodian of records of a clergy member, as specified
13in this section and subdivision (d) of Section 11166.

14(34) An employee of any police department, county sheriff’s
15department, county probation department, or county welfare
16department.

17(35) An employee or volunteer of a Court Appointed Special
18Advocate program, as defined in Rule 5.655 of the California Rules
19of Court.

20(36) A custodial officer, as defined in Section 831.5.

21(37) A person providing services to a minor child under Section
2212300 or 12300.1 of the Welfare and Institutions Code.

23(38) An alcohol and drug counselor. As used in this article, an
24“alcohol and drug counselor” is a person providing counseling,
25therapy, or other clinical services for a state licensed or certified
26drug, alcohol, or drug and alcohol treatment program. However,
27alcohol or drug abuse, or both alcohol and drug abuse, is not, in
28and of itself, a sufficient basis for reporting child abuse or neglect.

29(39) A clinical counselor trainee, as defined in subdivision (g)
30of Section 4999.12 of the Business and Professions Code.

31(40) A clinical counselor intern registered under Section 4999.42
32of the Business and Professions Code.

33(41) An employee or administrator of a public or private
34postsecondary educational institution, whose duties bring the
35administrator or employee into contact with children on a regular
36basis, or who supervises those whose duties bring the administrator
37or employee into contact with children on a regular basis, as to
38child abuse or neglect occurring on that institution’s premises or
39at an official activity of, or program conducted by, the institution.
40Nothing in this paragraph shall be construed as altering the
P118  1lawyer-client privilege as set forth in Article 3 (commencing with
2Section 950) of Chapter 4 of Division 8 of the Evidence Code.

3(42) An athletic coach, athletic administrator, or athletic director
4employed by any public or private school that provides any
5combination of instruction for kindergarten, or grades 1 to 12,
6inclusive.

7(43) (A) A commercial computer technician as specified in
8subdivision (e) of Section 11166. As used in this article,
9“commercial computer technician” means a person who works for
10a company that is in the business of repairing, installing, or
11otherwise servicing a computer or computer component, including,
12but not limited to, a computer part, device, memory storage or
13recording mechanism, auxiliary storage recording or memory
14capacity, or any other material relating to the operation and
15maintenance of a computer or computer network system, for a fee.
16An employer who provides an electronic communications service
17or a remote computing service to the public shall be deemed to
18comply with this article if that employer complies with Section
192258A of Title 18 of the United States Code.

20(B) An employer of a commercial computer technician may
21implement internal procedures for facilitating reporting consistent
22with this article. These procedures may direct employees who are
23mandated reporters under this paragraph to report materials
24described in subdivision (e) of Section 11166 to an employee who
25is designated by the employer to receive the reports. An employee
26who is designated to receive reports under this subparagraph shall
27be a commercial computer technician for purposes of this article.
28A commercial computer technician who makes a report to the
29designated employee pursuant to this subparagraph shall be deemed
30to have complied with the requirements of this article and shall be
31subject to the protections afforded to mandated reporters, including,
32but not limited to, those protections afforded by Section 11172.

33(44) Any athletic coach, including, but not limited to, an
34assistant coach or a graduate assistant involved in coaching, at
35public or private postsecondary educational institutions.

36(45) An individual certified by a licensed foster family agency
37as a certified family home, as defined in Section 1506 of the Health
38and Safety Code.

P119  1(46) An individual approved as a resource family, as defined in
2Section 1517 of the Health and Safety Code and Section 16519.5
3of the Welfare and Institutions Code.

4(b) Except as provided in paragraph (35) of subdivision (a),
5volunteers of public or private organizations whose duties require
6direct contact with and supervision of children are not mandated
7reporters but are encouraged to obtain training in the identification
8and reporting of child abuse and neglect and are further encouraged
9to report known or suspected instances of child abuse or neglect
10to an agency specified in Section 11165.9.

11(c) Except as provided in subdivision (d), employers are strongly
12encouraged to provide their employees who are mandated reporters
13with training in the duties imposed by this article. This training
14shall include training in child abuse and neglect identification and
15training in child abuse and neglect reporting. Whether or not
16employers provide their employees with training in child abuse
17and neglect identification and reporting, the employers shall
18provide their employees who are mandated reporters with the
19statement required pursuant to subdivision (a) of Section 11166.5.

20(d) Pursuant to Section 44691 of the Education Code, school
21districts, county offices of education, state special schools and
22diagnostic centers operated by the State Department of Education,
23and charter schools shall annually train their employees and persons
24working on their behalf specified in subdivision (a) in the duties
25of mandated reporters under the child abuse reporting laws. The
26training shall include, but not necessarily be limited to, training in
27child abuse and neglect identification and child abuse and neglect
28reporting.

29(e) (1) On and after January 1, 2018, pursuant to Section
301596.8662 of the Health and Safety Code, a child care licensee
31applicant shall take training in the duties of mandated reporters
32under the child abuse reporting laws as a condition of licensure,
33and a child care administrator or an employee of a licensed child
34day care facility shall take training in the duties of mandated
35reporters during the first 90 days when he or she is employed by
36the facility.

37(2) A person specified in paragraph (1) who becomes a licensee,
38administrator, or employee of a licensed child day care facility
39shall take renewal mandated reporter training every two years
40following the date on which he or she completed the initial
P120  1 mandated reporter training. The training shall include, but not
2necessarily be limited to, training in child abuse and neglect
3identification and child abuse and neglect reporting.

4(f) Unless otherwise specifically provided, the absence of
5training shall not excuse a mandated reporter from the duties
6imposed by this article.

7(g) Public and private organizations are encouraged to provide
8their volunteers whose duties require direct contact with and
9supervision of children with training in the identification and
10reporting of child abuse and neglect.

11

begin deleteSEC. 56.end delete
12
begin insertSEC. 58.end insert  

Section 1541 of the Probate Code is amended to read:

13

1541.  

In addition to the other required contents of the petition
14for appointment of a guardian, the petition shall include both of
15the following:

16(a) A statement by the proposed guardian that, upon request by
17an agency referred to in Section 1543 for information relating to
18the investigation referred to in that section, the proposed guardian
19will promptly submit the information required.

20(b) A disclosure of any petition for adoption by the proposed
21guardian of the minor who is the subject of the guardianship
22petition regardless of when or where filed.

23(c) A statement whether or not the home of the proposed
24guardian is a licensed foster family home, a certified family home
25of a licensed foster family agency, or a resource family home
26approved by a county or a licensed foster family agency.

27

begin deleteSEC. 57.end delete
28
begin insertSEC. 59.end insert  

Section 1543 of the Probate Code is amended to read:

29

1543.  

(a) If the petition as filed or as amended states that an
30adoption petition has been filed, a report with respect to the
31suitability of the proposed guardian for guardianship shall be filed
32with the court by the agency investigating the adoption. In other
33cases, the local agency designated by the board of supervisors to
34provide public social services shall file a report with the court with
35respect to the proposed guardian of the same character required to
36be made with regard to an applicant for foster family home
37licensure, or, on and after January 1, 2020, resource family
38approval, as described in Section 16519.5 of the Welfare and
39Institutions Code.

P121  1(b) The report filed with the court pursuant to this section is
2 confidential. The report may be considered by the court and shall
3be made available only to the persons who have been served in
4the proceeding and the persons who have appeared in the
5proceeding or their attorneys. The report may be received in
6evidence upon stipulation of counsel for all of those persons who
7are present at the hearing or, if a person is present at the hearing
8but is not represented by counsel, upon consent of that person.

9

begin deleteSEC. 58.end delete
10
begin insertSEC. 60.end insert  

Section 291 of the Welfare and Institutions Code, as
11amended by Section 5 of Chapter 219 of the Statutes of 2015, is
12amended to read:

13

291.  

After the initial petition hearing, the clerk of the court
14shall cause the notice to be served in the following manner:

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

16(1) The mother.

17(2) The father or fathers, presumed and alleged.

18(3) The legal guardian or guardians.

19(4) The child, if the child is 10 years of age or older.

20(5) Any known sibling of the child who is the subject of the
21hearing if that sibling either is the subject of a dependency
22 proceeding or has been adjudged to be a dependent child of the
23juvenile court. If the sibling is 10 years of age or older, the sibling,
24the sibling’s caregiver, and the sibling’s attorney. If the sibling is
25under 10 years of age, the sibling’s caregiver and the sibling’s
26attorney. However, notice is not required to be given to any sibling
27whose matter is calendared in the same court on the same day.

28(6) Each attorney of record unless counsel of record is present
29in court when the hearing is scheduled, then no further notice need
30be given.

31(7) If there is no parent or guardian residing in California, or if
32the residence is unknown, then to any adult relative residing within
33the county, or, if none, the adult relative residing nearest the court.

34(8) If the hearing is a dispositional hearing that is also serving
35as a permanency hearing pursuant to subdivision (f) of Section
36361.5, notice shall be given to the current caregiver for the child,
37including foster parents, relative caregivers, preadoptive parents,
38nonrelative extended family members, and resource family. Any
39person notified may attend all hearings and may submit any
40information he or she deems relevant to the court in writing.

P122  1(b) No notice is required for a parent whose parental rights have
2been terminated.

3(c) Notice shall be served as follows:

4(1) If the child is detained, the notice shall be given to the
5persons required to be noticed as soon as possible, and at least five
6days before the hearing, unless the hearing is set less than five
7days and then at least 24 hours prior to the hearing.

8(2) If the child is not detained, the notice shall be given to those
9persons required to be noticed at least 10 days prior to the date of
10the hearing.

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

12(1) The name and address of the person notified.

13(2) The nature of the hearing.

14(3) Each section and subdivision under which the proceeding
15has been initiated.

16(4) The date, time, and place of the hearing.

17(5) The name of the child upon whose behalf the petition has
18been brought.

19(6) A statement that:

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

21(B) The child, parent, guardian, Indian custodian, or adult
22relative to whom notice is required to be given pursuant to
23paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
24have an attorney present at the hearing.

25(C) If the parent, guardian, Indian custodian, or adult relative
26noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
27(a) is indigent and cannot afford an attorney, and desires to be
28represented by an attorney, the parent, guardian, Indian custodian,
29or adult relative shall promptly notify the clerk of the juvenile
30court.

31(D) If an attorney is appointed to represent the parent, guardian,
32Indian custodian, or adult relative, the represented person shall be
33liable for all or a portion of the costs to the extent of his or her
34ability to pay.

35(E) The parent, guardian, Indian custodian, or adult relative may
36be liable for the costs of support of the child in any out-of-home
37placement.

38(7) A copy of the petition.

39(e) Service of the notice of the hearing shall be given in the
40following manner:

P123  1(1) If the child is detained and the persons required to be noticed
2are not present at the initial petition hearing, they shall be noticed
3by personal service or by certified mail, return receipt requested.

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

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

11(4) Except as provided in subdivisions (g), (h), and (i), notice
12may be served by electronic mail in lieu of notice by first-class
13mail if the county, or city and county, and the court choose to
14permit service by electronic mail and the person to be served has
15consented to service by electronic mail by signing Judicial Council
16Form EFS-005.

17(f) Any of the notices required to be given under this section or
18Sections 290.1 and 290.2 may be waived by a party in person or
19through his or her attorney, or by a signed written waiver filed on
20or before the date scheduled for the hearing.

21(g) If the court knows or has reason to know that an Indian child
22is involved, notice shall be given in accordance with Section 224.2.

23(h) Except as provided in subdivision (i), if notice is required
24to be provided to a child pursuant to paragraph (4) or (5) of
25subdivision (a), written notice may be served on the child by
26electronic mail only if all of the following requirements are
27satisfied:

28(1) The county, or city and county, and the court choose to
29permit service by electronic mail.

30(2) The child is 16 years of age or older.

31(3) The child has consented to service by electronic mail by
32signing Judicial Council Form EFS-005.

33(4) The attorney for the child has consented to service of the
34minor by electronic mail by signing Judicial Council Form
35EFS-005.

36(i) If notice is required to be provided to a child pursuant to
37paragraph (4) or (5) of subdivision (a), written notice may be served
38on the child by electronic mail as well as by regular mail if all of
39the following requirements are satisfied:

P124  1(1) The county, or city and county, and the court choose to
2permit service by electronic mail.

3(2) The child is 14 or 15 years of age.

4(3) The child has consented to service by electronic mail by
5signing Judicial Council Form EFS-005.

6(4) The attorney for the child has consented to service of the
7minor by electronic mail by signing Judicial Council Form
8EFS-005.

9(j) This section shall remain in effect only until January 1, 2019,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2019, deletes or extends that date.

12

begin deleteSEC. 59.end delete
13
begin insertSEC. 61.end insert  

Section 291 of the Welfare and Institutions Code, as
14added by Section 6 of Chapter 219 of the Statutes of 2015, is
15amended to read:

16

291.  

After the initial petition hearing, the clerk of the court
17shall cause the notice to be served in the following manner:

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

19(1) The mother.

20(2) The father or fathers, presumed and alleged.

21(3) The legal guardian or guardians.

22(4) The child, if the child is 10 years of age or older.

23(5) Any known sibling of the child who is the subject of the
24hearing if that sibling either is the subject of a dependency
25 proceeding or has been adjudged to be a dependent child of the
26juvenile court. If the sibling is 10 years of age or older, the sibling,
27the sibling’s caregiver, and the sibling’s attorney. If the sibling is
28under 10 years of age, the sibling’s caregiver and the sibling’s
29attorney. However, notice is not required to be given to any sibling
30whose matter is calendared in the same court on the same day.

31(6) Each attorney of record unless counsel of record is present
32in court when the hearing is scheduled, then no further notice need
33be given.

34(7) If there is no parent or guardian residing in California, or if
35the residence is unknown, then to any adult relative residing within
36the county, or, if none, the adult relative residing nearest the court.

37(8) If the hearing is a dispositional hearing that is also serving
38as a permanency hearing pursuant to subdivision (f) of Section
39361.5, notice shall be given to the current caregiver for the child,
40including foster parents, relative caregivers, preadoptive parents,
P125  1nonrelative extended family members, and resource family. Any
2person notified may attend all hearings and may submit any
3information he or she deems relevant to the court in writing.

4(b) No notice is required for a parent whose parental rights have
5been terminated.

6(c) Notice shall be served as follows:

7(1) If the child is detained, the notice shall be given to the
8persons required to be noticed as soon as possible, and at least five
9days before the hearing, unless the hearing is set less than five
10days and then at least 24 hours prior to the hearing.

11(2) If the child is not detained, the notice shall be given to those
12persons required to be noticed at least 10 days prior to the date of
13the hearing.

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

15(1) The name and address of the person notified.

16(2) The nature of the hearing.

17(3) Each section and subdivision under which the proceeding
18has been initiated.

19(4) The date, time, and place of the hearing.

20(5) The name of the child upon whose behalf the petition has
21been brought.

22(6) A statement that:

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

24(B) The child, parent, guardian, Indian custodian, or adult
25relative to whom notice is required to be given pursuant to
26paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
27have an attorney present at the hearing.

28(C) If the parent, guardian, Indian custodian, or adult relative
29noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
30(a) is indigent and cannot afford an attorney, and desires to be
31represented by an attorney, the parent, guardian, Indian custodian,
32or adult relative shall promptly notify the clerk of the juvenile
33court.

34(D) If an attorney is appointed to represent the parent, guardian,
35Indian custodian, or adult relative, the represented person shall be
36liable for all or a portion of the costs to the extent of his or her
37ability to pay.

38(E) The parent, guardian, Indian custodian, or adult relative may
39be liable for the costs of support of the child in any out-of-home
40placement.

P126  1(7) A copy of the petition.

2(e) Service of the notice of the hearing shall be given in the
3following manner:

4(1) If the child is detained and the persons required to be noticed
5are not present at the initial petition hearing, they shall be noticed
6by personal service or by certified mail, return receipt requested.

7(2) If the child is detained and the persons required to be noticed
8are present at the initial petition hearing, they shall be noticed by
9personal service or by first-class mail.

10(3) If the child is not detained, the persons required to be noticed
11shall be noticed by personal service or by first-class mail, unless
12the person to be served is known to reside outside the county, in
13which case service shall be by first-class mail.

14(f) Any of the notices required to be given under this section or
15Sections 290.1 and 290.2 may be waived by a party in person or
16through his or her attorney, or by a signed written waiver filed on
17or before the date scheduled for the hearing.

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

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

21

begin deleteSEC. 60.end delete
22
begin insertSEC. 62.end insert  

Section 293 of the Welfare and Institutions Code, as
23amended by Section 9 of Chapter 219 of the Statutes of 2015, is
24amended to read:

25

293.  

The social worker or probation officer shall give notice
26of the review hearings held pursuant to Section 366.21, 366.22,
27or 366.25 in the following manner:

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

29(1) The mother.

30(2) The presumed father or any father receiving services.

31(3) The legal guardian or guardians.

32(4) The child, if the child is 10 years of age or older.

33(5) Any known sibling of the child who is the subject of the
34hearing if that sibling either is the subject of a dependency
35proceeding or has been adjudged to be a dependent child of the
36juvenile court. If the sibling is 10 years of age or older, the sibling,
37the sibling’s caregiver, and the sibling’s attorney. If the sibling is
38under 10 years of age, the sibling’s caregiver and the sibling’s
39attorney. However, notice is not required to be given to any sibling
40whose matter is calendared in the same court on the same day.

P127  1(6) In the case of a child removed from the physical custody of
2his or her parent or legal guardian, the current caregiver of the
3child, including the foster parents, relative caregivers, preadoptive
4parents, nonrelative extended family members, resource family,
5community care facility, or foster family agency having custody
6of the child. In a case in which a foster family agency is notified
7of the hearing pursuant to this section, and the child resides in a
8foster home certified by the foster family agency, the foster family
9agency shall provide timely notice of the hearing to the child’s
10caregivers.

11(7) Each attorney of record if that attorney was not present at
12the time that the hearing was set by the court.

13(b) No notice is required for a parent whose parental rights have
14been terminated. On and after January 1, 2012, in the case of a
15nonminor dependent, as described in subdivision (v) of Section
1611400, no notice is required for a parent.

17(c) The notice of hearing shall be served not earlier than 30
18days, nor later than 15 days, before the hearing.

19(d) The notice shall contain a statement regarding the nature of
20the hearing to be held and any change in the custody or status of
21the child being recommended by the supervising agency. If the
22notice is to the child, parent or parents, or legal guardian or
23guardians, the notice shall also advise them of the right to be
24present, the right to be represented by counsel, the right to request
25counsel, and the right to present evidence. The notice shall also
26state that if the parent or parents or legal guardian or guardians
27fail to appear, the court may proceed without them.

28(e) Service of the notice shall be by first-class mail addressed
29to the last known address of the person to be noticed or by personal
30service on the person. Service of a copy of the notice shall be by
31personal service or by certified mail, return receipt requested, or
32any other form of notice that is equivalent to service by first-class
33mail. Except as provided in subdivisions (g), (h), and (i), notice
34may be served by electronic mail in lieu of notice by first-class
35mail if the county, or city and county, and the court choose to
36permit service by electronic mail and the person to be served has
37consented to service by electronic mail by signing Judicial Council
38Form EFS-005.

39(f) Notice to the current caregiver of the child, including a foster
40parent, a relative caregiver, a preadoptive parent, a nonrelative
P128  1extended family member, a resource family, a certified foster parent
2who has been approved for adoption, or the State Department of
3Social Services when it is acting as an adoption agency or by a
4county adoption agency, shall indicate that the person notified may
5attend all hearings or may submit any information he or she deems
6relevant to the court in writing.

7(g) If the social worker or probation officer knows or has reason
8to know that an Indian child is involved, notice shall be given in
9accordance with Section 224.2.

10(h) Except as provided in subdivision (i), if notice is required
11to be provided to a child pursuant to paragraph (4) or (5) of
12subdivision (a), written notice may be served on the child by
13electronic mail only if all of the following requirements are
14satisfied:

15(1) The county, or city and county, and the court choose to
16permit service by electronic mail.

17(2) The child is 16 years of age or older.

18(3) The child has consented to service by electronic mail by
19signing Judicial Council Form EFS-005.

20(4) The attorney for the child has consented to service of the
21minor by electronic mail by signing Judicial Council Form
22EFS-005.

23(i) If notice is required to be provided to a child pursuant to
24paragraph (4) or (5) of subdivision (a), written notice may be served
25on the child by electronic mail as well as by regular mail if all of
26the following requirements are satisfied:

27(1) The county, or city and county, and the court choose to
28permit service by electronic mail.

29(2) The child is 14 or 15 years of age.

30(3) The child has consented to service by electronic mail by
31signing Judicial Council Form EFS-005.

32(4) The attorney for the child has consented to service of the
33minor by electronic mail by signing Judicial Council Form
34EFS-005.

35(j) This section shall remain in effect only until January 1, 2019,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2019, deletes or extends that date.

P129  1

begin deleteSEC. 61.end delete
2
begin insertSEC. 63.end insert  

Section 293 of the Welfare and Institutions Code, as
3added by Section 10 of Chapter 219 of the Statutes of 2015, is
4amended to read:

5

293.  

The social worker or probation officer shall give notice
6of the review hearings held pursuant to Section 366.21, 366.22,
7or 366.25 in the following manner:

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

9(1) The mother.

10(2) The presumed father or any father receiving services.

11(3) The legal guardian or guardians.

12(4) The child, if the child is 10 years of age or older.

13(5) Any known sibling of the child who is the subject of the
14hearing if that sibling either is the subject of a dependency
15proceeding or has been adjudged to be a dependent child of the
16juvenile court. If the sibling is 10 years of age or older, the sibling,
17the sibling’s caregiver, and the sibling’s attorney. If the sibling is
18under 10 years of age, the sibling’s caregiver and the sibling’s
19attorney. However, notice is not required to be given to any sibling
20whose matter is calendared in the same court on the same day.

21(6) In the case of a child removed from the physical custody of
22his or her parent or legal guardian, the current caregiver of the
23child, including the foster parents, relative caregivers, preadoptive
24parents, nonrelative extended family members, resource family,
25community care facility, or foster family agency having custody
26of the child. In a case in which a foster family agency is notified
27of the hearing pursuant to this section, and the child resides in a
28foster home certified by the foster family agency, the foster family
29agency shall provide timely notice of the hearing to the child’s
30caregivers.

31(7) Each attorney of record if that attorney was not present at
32the time that the hearing was set by the court.

33(b) No notice is required for a parent whose parental rights have
34been terminated. On and after January 1, 2012, in the case of a
35nonminor dependent, as described in subdivision (v) of Section
3611400, no notice is required for a parent.

37(c) The notice of hearing shall be served not earlier than 30
38days, nor later than 15 days, before the hearing.

39(d) The notice shall contain a statement regarding the nature of
40the hearing to be held and any change in the custody or status of
P130  1the child being recommended by the supervising agency. If the
2notice is to the child, parent or parents, or legal guardian or
3guardians, the notice shall also advise them of the right to be
4present, the right to be represented by counsel, the right to request
5counsel, and the right to present evidence. The notice shall also
6state that if the parent or parents or legal guardian or guardians
7fail to appear, the court may proceed without them.

8(e) Service of the notice shall be by first-class mail addressed
9to the last known address of the person to be noticed or by personal
10service on the person. Service of a copy of the notice shall be by
11personal service or by certified mail, return receipt requested, or
12any other form of notice that is equivalent to service by first-class
13mail.

14(f) Notice to the current caregiver of the child, including a foster
15parent, a relative caregiver, a preadoptive parent, a nonrelative
16extended family member, a resource family, a certified foster parent
17who has been approved for adoption, or the State Department of
18Social Services when it is acting as an adoption agency or by a
19county adoption agency, shall indicate that the person notified may
20attend all hearings or may submit any information he or she deems
21relevant to the court in writing.

22(g) If the social worker or probation officer knows or has reason
23to know that an Indian child is involved, notice shall be given in
24accordance with Section 224.2.

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

26

begin deleteSEC. 62.end delete
27
begin insertSEC. 64.end insert  

Section 294 of the Welfare and Institutions Code, as
28amended by Section 11 of Chapter 219 of the Statutes of 2015, is
29amended to read:

30

294.  

The social worker or probation officer shall give notice
31of a selection and implementation hearing held pursuant to Section
32366.26 in the following manner:

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

34(1) The mother.

35(2) The fathers, presumed and alleged.

36(3) The child, if the child is 10 years of age or older.

37(4) Any known sibling of the child who is the subject of the
38hearing if that sibling either is the subject of a dependency
39proceeding or has been adjudged to be a dependent child of the
40juvenile court. If the sibling is 10 years of age or older, the sibling,
P131  1the sibling’s caregiver, and the sibling’s attorney. If the sibling is
2under 10 years of age, the sibling’s caregiver and the sibling’s
3attorney. However, notice is not required to be given to any sibling
4whose matter is calendared in the same court on the same day.

5(5) The grandparents of the child, if their address is known and
6if the parent’s whereabouts are unknown.

7(6) All counsel of record.

8(7) To any unknown parent by publication, if ordered by the
9court pursuant to paragraph (2) of subdivision (g).

10(8) The current caregiver of the child, including foster parents,
11relative caregivers, preadoptive parents, nonrelative extended
12family members, or resource family. Any person notified may
13attend all hearings and may submit any information he or she
14deems relevant to the court in writing.

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

16(1) A parent who has relinquished the child to the State
17Department of Social Services, county adoption agency, or licensed
18adoption agency for adoption, and the relinquishment has been
19accepted and filed with notice as required under Section 8700 of
20the Family Code.

21(2) An alleged father who has denied paternity and has executed
22a waiver of the right to notice of further proceedings.

23(3) A parent whose parental rights have been terminated.

24(c) (1) Service of the notice shall be completed at least 45 days
25before the hearing date. Service is deemed complete at the time
26the notice is personally delivered to the person named in the notice
27or 10 days after the notice has been placed in the mail or sent by
28electronic mail, or at the expiration of the time prescribed by the
29order for publication.

30(2) Service of notice in cases where publication is ordered shall
31be completed at least 30 days before the date of the hearing.

32(d) Regardless of the type of notice required, or the manner in
33which it is served, once the court has made the initial finding that
34notice has properly been given to the parent, or to any person
35entitled to receive notice pursuant to this section, subsequent notice
36for any continuation of a Section 366.26 hearing may be by
37first-class mail to any last known address, by an order made
38pursuant to Section 296, except as provided in paragraphs (2) and
39(3) of subdivision (h) and subdivision (i), by electronic mail if the
40county, or city and county, and the court choose to permit service
P132  1by electronic mail and the person to be served has consented to
2service by electronic mail by signing Judicial Council Form
3EFS-005, or by any other means that the court determines is
4reasonably calculated, under any circumstance, to provide notice
5of the continued hearing. However, if the recommendation changes
6from the recommendation contained in the notice previously found
7to be proper, notice shall be provided to the parent, and to any
8person entitled to receive notice pursuant to this section, regarding
9that subsequent hearing.

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

11(1) The date, time, and place of the hearing.

12(2) The right to appear.

13(3) The parents’ right to counsel.

14(4) The nature of the proceedings.

15(5) The recommendation of the supervising agency.

16(6) A statement that, at the time of hearing, the court is required
17to select a permanent plan of adoption, legal guardianship,
18placement with a fit and willing relative, or another planned
19permanent living arrangement, as appropriate, for the child.

20(f) Notice to the parents may be given in any one of the
21following manners:

22(1) If the parent is present at the hearing at which the court
23schedules a hearing pursuant to Section 366.26, the court shall
24advise the parent of the date, time, and place of the proceedings,
25their right to counsel, the nature of the proceedings, and the
26requirement that at the proceedings the court shall select and
27implement a plan of adoption, legal guardianship, placement with
28a fit and willing relative, or another planned permanent living
29arrangement, as appropriate, for the child. The court shall direct
30the parent to appear for the proceedings and then direct that the
31parent be notified thereafter by first-class mail to the parent’s usual
32place of residence or business only. In lieu of notice by first-class
33mail, notice may be served by electronic mail if the county, or city
34and county, and the court choose to permit service by electronic
35mail and the person to be served has consented to service by
36electronic mail by signing Judicial Council Form EFS-005.

37(2) Certified mail, return receipt requested, to the parent’s last
38known mailing address. This notice shall be sufficient if the child
39welfare agency receives a return receipt signed by the parent.

40(3) Personal service to the parent named in the notice.

P133  1(4) Delivery to a competent person who is at least 18 years of
2age at the parent’s usual place of residence or business, and
3thereafter mailed to the parent named in the notice by first-class
4mail at the place where the notice was delivered.

5(5) If the residence of the parent is outside the state, service
6may be made as described in paragraph (1), (3), or (4) or by
7certified mail, return receipt requested.

8(6) If the recommendation of the probation officer or social
9worker is legal guardianship, placement with a fit and willing
10relative, or another planned permanent living arrangement, as
11appropriate, or, in the case of an Indian child, tribal customary
12adoption, service may be made by first-class mail to the parent’s
13usual place of residence or business. In lieu of notice by first-class
14mail, notice may be served by electronic mail if the county, or city
15and county, and the court choose to permit service by electronic
16mail and the person to be served has consented to service by
17electronic mail by signing Judicial Council Form EFS-005.

18(7) If a parent’s identity is known but his or her whereabouts
19are unknown and the parent cannot, with reasonable diligence, be
20served in any manner specified in paragraphs (1) to (6), inclusive,
21the petitioner shall file an affidavit with the court at least 75 days
22before the hearing date, stating the name of the parent and
23describing the efforts made to locate and serve the parent.

24(A) If the court determines that there has been due diligence in
25attempting to locate and serve the parent and the probation officer
26or social worker recommends adoption, service shall be to that
27parent’s attorney of record, if any, by certified mail, return receipt
28requested. If the parent does not have an attorney of record, the
29court shall order that service be made by publication of citation
30requiring the parent to appear at the date, time, and place stated in
31the citation, and that the citation be published in a newspaper
32designated as most likely to give notice to the parent. Publication
33shall be made once a week for four consecutive weeks. Whether
34notice is to the attorney of record or by publication, the court shall
35also order that notice be given to the grandparents of the child, if
36their identities and addresses are known, by first-class mail.

37(B) If the court determines that there has been due diligence in
38attempting to locate and serve the parent and the probation officer
39or social worker recommends legal guardianship, placement with
40a fit and willing relative, or another planned permanent living
P134  1arrangement, as appropriate, no further notice is required to the
2parent, but the court shall order that notice be given to the
3grandparents of the child, if their identities and addresses are
4known, by first-class mail.

5(C) In any case where the residence of the parent becomes
6known, notice shall immediately be served upon the parent as
7provided for in either paragraph (2), (3), (4), (5), or (6).

8(g) (1) If the identity of one or both of the parents, or alleged
9parents, of the child is unknown, or if the name of one or both
10parents is uncertain, then that fact shall be set forth in the affidavit
11filed with the court at least 75 days before the hearing date and
12the court, consistent with the provisions of Sections 7665 and 7666
13of the Family Code, shall issue an order dispensing with notice to
14a natural parent or possible natural parent under this section if,
15after inquiry and a determination that there has been due diligence
16in attempting to identify the unknown parent, the court is unable
17to identify the natural parent or possible natural parent and no
18person has appeared claiming to be the natural parent.

19(2) After a determination that there has been due diligence in
20attempting to identify an unknown parent pursuant to paragraph
21(1) and the probation officer or social worker recommends
22adoption, the court shall consider whether publication notice would
23be likely to lead to actual notice to the unknown parent. The court
24may order publication notice if, on the basis of all information
25before the court, the court determines that notice by publication
26is likely to lead to actual notice to the parent. If publication notice
27to an unknown parent is ordered, the court shall order the published
28citation to be directed to either the father or mother, or both, of
29the child, and to all persons claiming to be the father or mother of
30the child, naming and otherwise describing the child. An order of
31publication pursuant to this paragraph shall be based on an affidavit
32describing efforts made to identify the unknown parent or parents.
33Service made by publication pursuant to this paragraph shall
34require the unknown parent or parents to appear at the date, time,
35and place stated in the citation. Publication shall be made once a
36week for four consecutive weeks.

37(3) If the court determines that there has been due diligence in
38attempting to identify one or both of the parents, or alleged parents,
39of the child and the probation officer or social worker recommends
40legal guardianship, placement with a fit and willing relative, or
P135  1another planned permanent living arrangement, as appropriate, no
2further notice to the parent shall be required.

3(h) (1) Notice to all counsel of record shall be by first-class
4mail, or by electronic mail if the county, or city and county, and
5the court choose to permit service by electronic mail and the person
6to be served has consented to service by electronic mail by signing
7Judicial Council Form EFS-005.

8(2) Except as provided in paragraph (3), if notice is required to
9be provided to a child, written notice may be served on the child
10by electronic mail only if all of the following requirements are
11satisfied:

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

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

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

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

20(3) If notice is required to be provided to a child, written notice
21may be served on the child by electronic mail as well as by regular
22mail if all of the following requirements are satisfied:

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

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

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

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

31(i) If the court knows or has reason to know that an Indian child
32is involved, notice shall be given in accordance with Section 224.2.

33(j) Notwithstanding subdivision (a), if the attorney of record is
34present at the time the court schedules a hearing pursuant to Section
35366.26, no further notice is required, except as required by
36subparagraph (A) of paragraph (7) of subdivision (f).

37(k) This section shall also apply to children adjudged wards
38pursuant to Section 727.31.

39(l) The court shall state the reasons on the record explaining
40why good cause exists for granting any continuance of a hearing
P136  1held pursuant to Section 366.26 to fulfill the requirements of this
2section.

3(m) Notwithstanding any choice by a county, or city and county,
4and the court to permit service of written notice of court
5proceedings by electronic mail, or consent by any person to service
6of written notice by electronic mail by signing Judicial Council
7Form EFS-005, notice of any hearing at which the county welfare
8department is recommending the termination of parental rights
9may only be served by electronic mail if supplemental and in
10addition to the other forms of notice provided for in this section.

11(n) This section shall remain in effect only until January 1, 2019,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2019, deletes or extends that date.

14

begin deleteSEC. 63.end delete
15
begin insertSEC. 65.end insert  

Section 294 of the Welfare and Institutions Code, as
16added by Section 12 of Chapter 219 of the Statutes of 2015, is
17amended to read:

18

294.  

The social worker or probation officer shall give notice
19of a selection and implementation hearing held pursuant to Section
20366.26 in the following manner:

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

22(1) The mother.

23(2) The fathers, presumed and alleged.

24(3) The child, if the child is 10 years of age or older.

25(4) Any known sibling of the child who is the subject of the
26hearing if that sibling either is the subject of a dependency
27proceeding or has been adjudged to be a dependent child of the
28juvenile court. If the sibling is 10 years of age or older, the sibling,
29the sibling’s caregiver, and the sibling’s attorney. If the sibling is
30under 10 years of age, the sibling’s caregiver and the sibling’s
31attorney. However, notice is not required to be given to any sibling
32whose matter is calendared in the same court on the same day.

33(5) The grandparents of the child, if their address is known and
34if the parent’s whereabouts are unknown.

35(6) All counsel of record.

36(7) To any unknown parent by publication, if ordered by the
37court pursuant to paragraph (2) of subdivision (g).

38(8) The current caregiver of the child, including foster parents,
39relative caregivers, preadoptive parents, nonrelative extended
40family members, or resource family. Any person notified may
P137  1attend all hearings and may submit any information he or she
2deems relevant to the court in writing.

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

4(1) A parent who has relinquished the child to the State
5Department of Social Services, county adoption agency, or licensed
6adoption agency for adoption, and the relinquishment has been
7accepted and filed with notice as required under Section 8700 of
8the Family Code.

9(2) An alleged father who has denied paternity and has executed
10a waiver of the right to notice of further proceedings.

11(3) A parent whose parental rights have been terminated.

12(c) (1) Service of the notice shall be completed at least 45 days
13before the hearing date. Service is deemed complete at the time
14the notice is personally delivered to the person named in the notice
15or 10 days after the notice has been placed in the mail, or at the
16expiration of the time prescribed by the order for publication.

17(2) Service of notice in cases where publication is ordered shall
18be completed at least 30 days before the date of the hearing.

19(d) Regardless of the type of notice required, or the manner in
20which it is served, once the court has made the initial finding that
21notice has properly been given to the parent, or to any person
22entitled to receive notice pursuant to this section, subsequent notice
23for any continuation of a Section 366.26 hearing may be by
24first-class mail to any last known address, by an order made
25pursuant to Section 296, or by any other means that the court
26determines is reasonably calculated, under any circumstance, to
27provide notice of the continued hearing. However, if the
28recommendation changes from the recommendation contained in
29the notice previously found to be proper, notice shall be provided
30to the parent, and to any person entitled to receive notice pursuant
31to this section, regarding that subsequent hearing.

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

33(1) The date, time, and place of the hearing.

34(2) The right to appear.

35(3) The parents’ right to counsel.

36(4) The nature of the proceedings.

37(5) The recommendation of the supervising agency.

38(6) A statement that, at the time of hearing, the court is required
39to select a permanent plan of adoption, legal guardianship,
P138  1placement with a fit and willing relative, or another planned
2permanent living arrangement, as appropriate, for the child.

3(f) Notice to the parents may be given in any one of the
4following manners:

5(1) If the parent is present at the hearing at which the court
6schedules a hearing pursuant to Section 366.26, the court shall
7advise the parent of the date, time, and place of the proceedings,
8their right to counsel, the nature of the proceedings, and the
9requirement that at the proceedings the court shall select and
10implement a plan of adoption, legal guardianship, placement with
11a fit and willing relative, or another planned permanent living
12arrangement, as appropriate, for the child. The court shall direct
13the parent to appear for the proceedings and then direct that the
14parent be notified thereafter by first-class mail to the parent’s usual
15place of residence or business only.

16(2) Certified mail, return receipt requested, to the parent’s last
17known mailing address. This notice shall be sufficient if the child
18welfare agency receives a return receipt signed by the parent.

19(3) Personal service to the parent named in the notice.

20(4) Delivery to a competent person who is at least 18 years of
21age at the parent’s usual place of residence or business, and
22thereafter mailed to the parent named in the notice by first-class
23mail at the place where the notice was delivered.

24(5) If the residence of the parent is outside the state, service
25may be made as described in paragraph (1), (3), or (4) or by
26certified mail, return receipt requested.

27(6) If the recommendation of the probation officer or social
28worker is legal guardianship, placement with a fit and willing
29relative, or another planned permanent living arrangement, as
30appropriate, or, in the case of an Indian child, tribal customary
31adoption, service may be made by first-class mail to the parent’s
32usual place of residence or business.

33(7) If a parent’s identity is known but his or her whereabouts
34are unknown and the parent cannot, with reasonable diligence, be
35served in any manner specified in paragraphs (1) to (6), inclusive,
36the petitioner shall file an affidavit with the court at least 75 days
37before the hearing date, stating the name of the parent and
38describing the efforts made to locate and serve the parent.

39(A) If the court determines that there has been due diligence in
40attempting to locate and serve the parent and the probation officer
P139  1or social worker recommends adoption, service shall be to that
2parent’s attorney of record, if any, by certified mail, return receipt
3requested. If the parent does not have an attorney of record, the
4court shall order that service be made by publication of citation
5requiring the parent to appear at the date, time, and place stated in
6the citation, and that the citation be published in a newspaper
7designated as most likely to give notice to the parent. Publication
8shall be made once a week for four consecutive weeks. Whether
9notice is to the attorney of record or by publication, the court shall
10also order that notice be given to the grandparents of the child, if
11their identities and addresses are known, by first-class mail.

12(B) If the court determines that there has been due diligence in
13attempting to locate and serve the parent and the probation officer
14or social worker recommends legal guardianship, placement with
15a fit and willing relative, or another planned permanent living
16arrangement, as appropriate, no further notice is required to the
17parent, but the court shall order that notice be given to the
18grandparents of the child, if their identities and addresses are
19known, by first-class mail.

20(C) In any case where the residence of the parent becomes
21known, notice shall immediately be served upon the parent as
22provided for in either paragraph (2), (3), (4), (5), or (6).

23(g) (1) If the identity of one or both of the parents, or alleged
24parents, of the child is unknown, or if the name of one or both
25parents is uncertain, then that fact shall be set forth in the affidavit
26filed with the court at least 75 days before the hearing date and
27the court, consistent with the provisions of Sections 7665 and 7666
28of the Family Code, shall issue an order dispensing with notice to
29a natural parent or possible natural parent under this section if,
30after inquiry and a determination that there has been due diligence
31in attempting to identify the unknown parent, the court is unable
32to identify the natural parent or possible natural parent and no
33person has appeared claiming to be the natural parent.

34(2) After a determination that there has been due diligence in
35attempting to identify an unknown parent pursuant to paragraph
36(1) and the probation officer or social worker recommends
37adoption, the court shall consider whether publication notice would
38be likely to lead to actual notice to the unknown parent. The court
39may order publication notice if, on the basis of all information
40before the court, the court determines that notice by publication
P140  1is likely to lead to actual notice to the parent. If publication notice
2to an unknown parent is ordered, the court shall order the published
3citation to be directed to either the father or mother, or both, of
4the child, and to all persons claiming to be the father or mother of
5the child, naming and otherwise describing the child. An order of
6publication pursuant to this paragraph shall be based on an affidavit
7describing efforts made to identify the unknown parent or parents.
8Service made by publication pursuant to this paragraph shall
9require the unknown parent or parents to appear at the date, time,
10and place stated in the citation. Publication shall be made once a
11week for four consecutive weeks.

12(3) If the court determines that there has been due diligence in
13attempting to identify one or both of the parents, or alleged parents,
14of the child and the probation officer or social worker recommends
15legal guardianship, placement with a fit and willing relative, or
16another planned permanent living arrangement, as appropriate, no
17further notice to the parent shall be required.

18(h) Notice to the child and all counsel of record shall be by
19first-class mail.

20(i) If the court knows or has reason to know that an Indian child
21is involved, notice shall be given in accordance with Section 224.2.

22(j) Notwithstanding subdivision (a), if the attorney of record is
23present at the time the court schedules a hearing pursuant to Section
24366.26, no further notice is required, except as required by
25subparagraph (A) of paragraph (7) of subdivision (f).

26(k) This section shall also apply to children adjudged wards
27pursuant to Section 727.31.

28(l) The court shall state the reasons on the record explaining
29why good cause exists for granting any continuance of a hearing
30held pursuant to Section 366.26 to fulfill the requirements of this
31section.

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

33

begin deleteSEC. 64.end delete
34
begin insertSEC. 66.end insert  

Section 295 of the Welfare and Institutions Code, as
35amended by Section 13 of Chapter 219 of the Statutes of 2015, is
36amended to read:

37

295.  

The social worker or probation officer shall give notice
38of review hearings held pursuant to Sections 366.3 and 366.31 and
39for termination of jurisdiction hearings held pursuant to Section
40391 in the following manner:

P141  1(a) Notice of the hearing shall be given to the following persons:

2(1) The mother.

3(2) The presumed father.

4(3) The legal guardian or guardians.

5(4) The child, if the child is 10 years of age or older, or a
6nonminor dependent.

7(5) Any known sibling of the child or nonminor dependent who
8is the subject of the hearing if that sibling either is the subject of
9a dependency proceeding or has been adjudged to be a dependent
10child of the juvenile court. If the sibling is 10 years of age or older,
11the sibling, the sibling’s caregiver, and the sibling’s attorney. If
12the sibling is under 10 years of age, the sibling’s caregiver and the
13sibling’s attorney. However, notice is not required to be given to
14any sibling whose matter is calendared in the same court on the
15same day.

16(6) The current caregiver of the child, including the foster
17parents, relative caregivers, preadoptive parents, nonrelative
18extended family members, resource family, community care
19facility, or foster family agency having physical custody of the
20child if a child is removed from the physical custody of the parents
21or legal guardian. The person notified may attend all hearings and
22may submit any information he or she deems relevant to the court
23in writing.

24(7) The current caregiver of a nonminor dependent, as described
25in subdivision (v) of Section 11400. The person notified may attend
26all hearings and may submit for filing an original and eight copies
27of written information he or she deems relevant to the court. The
28court clerk shall provide the current parties and attorneys of record
29with a copy of the written information immediately upon receipt
30and complete, file, and distribute a proof of service.

31(8) The attorney of record if that attorney of record was not
32present at the time that the hearing was set by the court.

33(9) The alleged father or fathers, but only if the recommendation
34is to set a new hearing pursuant to Section 366.26.

35(b) No notice shall be required for a parent whose parental rights
36have been terminated or for the parent of a nonminor dependent,
37as described in subdivision (v) of Section 11400, unless the parent
38is receiving court-ordered family reunification services pursuant
39to Section 361.6.

P142  1(c) The notice of the review hearing shall be served no earlier
2than 30 days, nor later than 15 days, before the hearing.

3(d) The notice of the review hearing shall contain a statement
4regarding the nature of the hearing to be held, any recommended
5change in the custody or status of the child, and any
6recommendation that the court set a new hearing pursuant to
7Section 366.26 in order to select a more permanent plan.

8(e) Service of notice shall be by first-class mail addressed to
9the last known address of the person to be provided notice. Except
10as provided in subdivisions (g), (h), and (i), notice may be served
11by electronic mail in lieu of notice by first-class mail if the county,
12or city and county, and the court choose to permit service by
13electronic mail and the person to be served has consented to service
14by electronic mail by signing Judicial Council Form EFS-005. In
15the case of an Indian child, notice shall be by registered mail, return
16receipt requested.

17(f) If the child is ordered into a permanent plan of legal
18guardianship, and subsequently a petition to terminate or modify
19the guardianship is filed, the probation officer or social worker
20shall serve notice of the petition not less than 15 court days prior
21to the hearing on all persons listed in subdivision (a) and on the
22court that established legal guardianship if it is in another county.

23(g) If the social worker or probation officer knows or has reason
24to know that an Indian child is involved, notice shall be given in
25accordance with Section 224.2.

26(h) Except as provided in subdivision (i), if notice is required
27to be provided to a child pursuant to paragraph (4) or (5) of
28subdivision (a), written notice may be served on the child by
29electronic mail only if all of the following requirements are
30satisfied:

31(1) The county, or city and county, and the court choose to
32permit service by electronic mail.

33(2) The child is 16 years of age or older.

34(3) The child has consented to service by electronic mail by
35signing Judicial Council Form EFS-005.

36(4) The attorney for the child has consented to service of the
37minor by electronic mail by signing Judicial Council Form
38EFS-005.

39(i) If notice is required to be provided to a child pursuant to
40paragraph (4) or (5) of subdivision (a), written notice may be served
P143  1on the child by electronic mail as well as by regular mail if all of
2the following requirements are satisfied:

3(1) The county, or city and county, and the court choose to
4permit service by electronic mail.

5(2) The child is 14 or 15 years of age.

6(3) The child has consented to service by electronic mail by
7signing Judicial Council Form EFS-005.

8(4) The attorney for the child has consented to service of the
9minor by electronic mail by signing Judicial Council Form
10EFS-005.

11(j) This section shall remain in effect only until January 1, 2019,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2019, deletes or extends that date.

14

begin deleteSEC. 65.end delete
15
begin insertSEC. 67.end insert  

Section 295 of the Welfare and Institutions Code, as
16added by Section 14 of Chapter 219 of the Statutes of 2015, is
17amended to read:

18

295.  

The social worker or probation officer shall give notice
19of review hearings held pursuant to Sections 366.3 and 366.31 and
20for termination of jurisdiction hearings held pursuant to Section
21391 in the following manner:

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

23(1) The mother.

24(2) The presumed father.

25(3) The legal guardian or guardians.

26(4) The child, if the child is 10 years of age or older, or a
27nonminor dependent.

28(5) Any known sibling of the child or nonminor dependent who
29is the subject of the hearing if that sibling either is the subject of
30a dependency proceeding or has been adjudged to be a dependent
31child of the juvenile court. If the sibling is 10 years of age or older,
32the sibling, the sibling’s caregiver, and the sibling’s attorney. If
33the sibling is under 10 years of age, the sibling’s caregiver and the
34sibling’s attorney. However, notice is not required to be given to
35any sibling whose matter is calendared in the same court on the
36same day.

37(6) The current caregiver of the child, including the foster
38parents, relative caregivers, preadoptive parents, nonrelative
39extended family members, resource family, community care
40facility, or foster family agency having physical custody of the
P144  1child if a child is removed from the physical custody of the parents
2or legal guardian. The person notified may attend all hearings and
3may submit any information he or she deems relevant to the court
4in writing.

5(7) The current caregiver of a nonminor dependent, as described
6in subdivision (v) of Section 11400. The person notified may attend
7all hearings and may submit for filing an original and eight copies
8of written information he or she deems relevant to the court. The
9court clerk shall provide the current parties and attorneys of record
10with a copy of the written information immediately upon receipt
11and complete, file, and distribute a proof of service.

12(8) The attorney of record if that attorney of record was not
13present at the time that the hearing was set by the court.

14(9) The alleged father or fathers, but only if the recommendation
15is to set a new hearing pursuant to Section 366.26.

16(b) No notice shall be required for a parent whose parental rights
17have been terminated or for the parent of a nonminor dependent,
18as described in subdivision (v) of Section 11400, unless the parent
19is receiving court-ordered family reunification services pursuant
20to Section 361.6.

21(c) The notice of the review hearing shall be served no earlier
22than 30 days, nor later than 15 days, before the hearing.

23(d) The notice of the review hearing shall contain a statement
24regarding the nature of the hearing to be held, any recommended
25change in the custody or status of the child, and any
26recommendation that the court set a new hearing pursuant to
27Section 366.26 in order to select a more permanent plan.

28(e) Service of notice shall be by first-class mail addressed to
29the last known address of the person to be provided notice. In the
30case of an Indian child, notice shall be by registered mail, return
31receipt requested.

32(f) If the child is ordered into a permanent plan of legal
33guardianship, and subsequently a petition to terminate or modify
34the guardianship is filed, the probation officer or social worker
35shall serve notice of the petition not less than 15 court days prior
36to the hearing on all persons listed in subdivision (a) and on the
37court that established legal guardianship if it is in another county.

38(g) If the social worker or probation officer knows or has reason
39to know that an Indian child is involved, notice shall be given in
40accordance with Section 224.2.

P145  1(h) This section shall become operative on January 1, 2019.

2

begin deleteSEC. 66.end delete
3
begin insertSEC. 68.end insert  

Section 309 of the Welfare and Institutions Code is
4amended to read:

5

309.  

(a) Upon delivery to the social worker of a child who has
6been taken into temporary custody under this article, the social
7worker shall immediately investigate the circumstances of the child
8and the facts surrounding the child’s being taken into custody and
9attempt to maintain the child with the child’s family through the
10provision of services. The social worker shall immediately release
11the child to the custody of the child’s parent, guardian, or
12responsible relative, regardless of the parent’s, guardian’s, or
13relative’s immigration status, unless one or more of the following
14conditions exist:

15(1) The child has no parent, guardian, or responsible relative;
16or the child’s parent, guardian, or responsible relative is not willing
17to provide care for the child.

18(2) Continued detention of the child is a matter of immediate
19and urgent necessity for the protection of the child and there are
20no reasonable means by which the child can be protected in his or
21her home or the home of a responsible relative.

22(3) There is substantial evidence that a parent, guardian, or
23custodian of the child is likely to flee the jurisdiction of the court.

24(4) The child has left a placement in which he or she was placed
25by the juvenile court.

26(5) The parent or other person having lawful custody of the
27child voluntarily surrendered physical custody of the child pursuant
28to Section 1255.7 of the Health and Safety Code and did not
29reclaim the child within the 14-day period specified in subdivision
30(e) of that section.

31(b) In any case in which there is reasonable cause for believing
32that a child who is under the care of a physician and surgeon or a
33hospital, clinic, or other medical facility and cannot be immediately
34moved and is a person described in Section 300, the child shall be
35deemed to have been taken into temporary custody and delivered
36to the social worker for the purposes of this chapter while the child
37is at the office of the physician and surgeon or the medical facility.

38(c) If the child is not released to his or her parent or guardian,
39the child shall be deemed detained for purposes of this chapter.

P146  1(d) (1) If an able and willing relative, as defined in Section 319,
2or an able and willing nonrelative extended family member, as
3defined in Section 362.7, is available and requests temporary
4placement of the child pending the detention hearing, or after the
5detention hearing and pending the dispositional hearing conducted
6pursuant to Section 358, the county welfare department shall
7initiate an assessment of the relative’s or nonrelative extended
8family member’s suitability, which shall include an in-home
9inspection to assess the safety of the home and the ability of the
10relative or nonrelative extended family member to care for the
11child’s needs, and a consideration of the results of a criminal
12records check conducted pursuant to subdivision (a) of Section
1316504.5 and a check of allegations of prior child abuse or neglect
14concerning the relative or nonrelative extended family member
15and other adults in the home. A relative’s identification card from
16a foreign consulate or foreign passport shall be considered a valid
17form of identification for conducting a criminal records check and
18fingerprint clearance check under this subdivision. Upon
19completion of this assessment, the child may be placed on an
20emergency basis in the assessed home.

21(2) Following the emergency placement of a child in the home
22of a relative or a nonrelative extended family member, the county
23welfare department shall evaluate and approve or deny the home
24pursuant to Section 16519.5.

25(3) If the criminal records check indicates that the person has
26been convicted of a crime for which the Director of Social Services
27cannot grant an exemption under Section 1522 of the Health and
28Safety Code, the child shall not be placed in the home. If the
29criminal records check indicates that the person has been convicted
30of a crime for which the Director of Social Services may grant an
31exemption under Section 1522 of the Health and Safety Code, the
32child shall not be placed in the home unless a criminal records
33exemption has been granted by the county based on substantial
34and convincing evidence to support a reasonable belief that the
35 person with the criminal conviction is of such good character as
36to justify the placement and not present a risk of harm to the child.

37(e) (1) If the child is removed, the social worker shall conduct,
38within 30 days, an investigation in order to identify and locate all
39grandparents, parents of a sibling of the child, if the parent has
40legal custody of the sibling, adult siblings, and other adult relatives
P147  1of the child, as defined in paragraph (2) of subdivision (f) of
2Section 319, including any other adult relatives suggested by the
3parents. As used in this section, “sibling” means a person related
4to the identified child by blood, adoption, or affinity through a
5common legal or biological parent. The social worker shall provide
6to all adult relatives who are located, except when that relative’s
7history of family or domestic violence makes notification
8inappropriate, within 30 days of removal of the child, written
9 notification and shall also, whenever appropriate, provide oral
10notification, in person or by telephone, of all the following
11information:

12(A) The child has been removed from the custody of his or her
13parent or parents, or his or her guardians.

14(B) An explanation of the various options to participate in the
15care and placement of the child and support for the child’s family,
16including any options that may be lost by failing to respond. The
17notice shall provide information about providing care for the child
18while the family receives reunification services with the goal of
19returning the child to the parent or guardian, how to become a
20resource family, and additional services and support that are
21available in out-of-home placements. The notice shall also include
22information regarding the Kin-GAP Program (Article 4.5
23(commencing with Section 11360) of Chapter 2 of Part 3 of
24Division 9), the CalWORKs program for approved relative
25caregivers (Chapter 2 (commencing with Section 11200) of Part
263 of Division 9), adoption, and adoption assistance (Chapter 2.1
27(commencing with Section 16115) of Part 4 of Division 9), as well
28as other options for contact with the child, including, but not
29limited to, visitation. The State Department of Social Services, in
30consultation with the County Welfare Directors Association of
31California and other interested stakeholders, shall develop the
32written notice.

33(2) The social worker shall also provide the adult relatives
34notified pursuant to paragraph (1) with a relative information form
35to provide information to the social worker and the court regarding
36the needs of the child. The form shall include a provision whereby
37the relative may request the permission of the court to address the
38court, if the relative so chooses. The Judicial Council, in
39consultation with the State Department of Social Services and the
P148  1County Welfare Directors Association of California, shall develop
2the form.

3(3) The social worker shall use due diligence in investigating
4the names and locations of the relatives pursuant to paragraph (1),
5including, but not limited to, asking the child in an age-appropriate
6manner about relatives important to the child, consistent with the
7child’s best interest, and obtaining information regarding the
8location of the child’s adult relatives. Each county welfare
9department shall create and make public a procedure by which
10relatives of a child who has been removed from his or her parents
11or guardians may identify themselves to the county welfare
12department and be provided with the notices required by paragraphs
13(1) and (2).

14

begin deleteSEC. 67.end delete
15
begin insertSEC. 69.end insert  

Section 319.3 of the Welfare and Institutions Code
16 is amended to read:

17

319.3.  

Notwithstanding Section 319, a dependent child who is
186 to 12 years of age, inclusive, may be placed in a community care
19facility licensed as a group home for children, a short-term
20residential therapeutic program, or in a temporary shelter care
21facility, as defined in Section 1530.8 of the Health and Safety
22Code, only when the court finds that placement is necessary to
23secure a complete and adequate evaluation, including placement
24planning and transition time. The placement period shall not exceed
2560 days unless a case plan has been developed and the need for
26additional time is documented in the case plan and has been
27approved by a deputy director or director of the county child
28welfare department or an assistant chief probation officer or chief
29probation officer of the county probation department.

30

begin deleteSEC. 68.end delete
31
begin insertSEC. 70.end insert  

Section 361.2 of the Welfare and Institutions Code,
32as added by Section 48 of Chapter 773 of the Statutes of 2015, is
33amended to read:

34

361.2.  

(a) When a court orders removal of a child pursuant to
35Section 361, the court shall first determine whether there is a parent
36of the child, with whom the child was not residing at the time that
37the events or conditions arose that brought the child within the
38provisions of Section 300, who desires to assume custody of the
39child. If that parent requests custody, the court shall place the child
40with the parent unless it finds that placement with that parent would
P149  1be detrimental to the safety, protection, or physical or emotional
2well-being of the child. The fact that the parent is enrolled in a
3certified substance abuse treatment facility that allows a dependent
4child to reside with his or her parent shall not be, for that reason
5alone, prima facie evidence that placement with that parent would
6be detrimental.

7(b) If the court places the child with that parent it may do any
8of the following:

9(1) Order that the parent become legal and physical custodian
10of the child. The court may also provide reasonable visitation by
11the noncustodial parent. The court shall then terminate its
12jurisdiction over the child. The custody order shall continue unless
13modified by a subsequent order of the superior court. The order
14of the juvenile court shall be filed in any domestic relation
15proceeding between the parents.

16(2) Order that the parent assume custody subject to the
17jurisdiction of the juvenile court and require that a home visit be
18conducted within three months. In determining whether to take
19the action described in this paragraph, the court shall consider any
20concerns that have been raised by the child’s current caregiver
21regarding the parent. After the social worker conducts the home
22visit and files his or her report with the court, the court may then
23take the action described in paragraph (1), (3), or this paragraph.
24However, nothing in this paragraph shall be interpreted to imply
25that the court is required to take the action described in this
26paragraph as a prerequisite to the court taking the action described
27in either paragraph (1) or (3).

28(3) Order that the parent assume custody subject to the
29supervision of the juvenile court. In that case the court may order
30that reunification services be provided to the parent or guardian
31from whom the child is being removed, or the court may order that
32services be provided solely to the parent who is assuming physical
33custody in order to allow that parent to retain later custody without
34court supervision, or that services be provided to both parents, in
35which case the court shall determine, at review hearings held
36pursuant to Section 366, which parent, if either, shall have custody
37of the child.

38(c) The court shall make a finding either in writing or on the
39record of the basis for its determination under subdivisions (a) and
40(b).

P150  1(d) Part 6 (commencing with Section 7950) of Division 12 of
2the Family Code shall apply to the placement of a child pursuant
3to paragraphs (1) and (2) of subdivision (e).

4(e) When the court orders removal pursuant to Section 361, the
5court shall order the care, custody, control, and conduct of the
6child to be under the supervision of the social worker who may
7place the child in any of the following:

8(1) The home of a noncustodial parent as described in
9subdivision (a), regardless of the parent’s immigration status.

10(2) The approved home of a relative, regardless of the relative’s
11immigration status.

12(3) The approved home of a nonrelative extended family
13member as defined in Section 362.7.

14(4) The approved home of a resource family as defined in
15Section 16519.5.

16(5) A foster home considering first a foster home in which the
17child has been placed before an interruption in foster care, if that
18placement is in the best interest of the child and space is available.

19(6) A home or facility in accordance with the federal Indian
20Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

21(7) A suitable licensed community care facility, except a
22runaway and homeless youth shelter licensed by the State
23Department of Social Services pursuant to Section 1502.35 of the
24Health and Safety Code.

25(8) With a foster family agency, as defined in subdivision (g)
26of Section 11400 and paragraph (4) of subdivision (a) of Section
271502 of the Health and Safety Code, to be placed in a suitable
28family home certified or approved by the agency, with prior
29approval of the county placing agency.

30(9) A child of any age who is placed in a community care facility
31licensed as a group home for children or a short-term residential
32therapeutic program, as defined in subdivision (ad) of Section
3311400 and paragraph (18) of subdivision (a) of Section 1502 of
34the Health and Safety Code, shall have a case plan that indicates
35that placement is for purposes of providing short term, specialized,
36and intensive treatment for the child, the case plan specifies the
37need for, nature of, and anticipated duration of this treatment,
38pursuant to paragraph (2) of subdivision (c) of Section 16501.1,
39and the case plan includes transitioning the child to a less restrictive
40environment and the projected timeline by which the child will be
P151  1transitioned to a less restrictive environment. If the placement is
2longer than six months, the placement shall be documented
3consistent with paragraph (3) of subdivision (a) of Section 16501.1
4and shall be approved by the deputy director or director of the
5county child welfare department.

6(A) A child under six years of age shall not be placed in a
7community care facility licensed as a group home for children, or
8a short-term residential therapeutic program, except under the
9following circumstances:

10(i) When the facility meets the applicable regulations adopted
11under Section 1530.8 of the Health and Safety Code and standards
12 developed pursuant to Section 11467.1 of this code, and the deputy
13director or director of the county child welfare department has
14approved the case plan.

15(ii) The short term, specialized, and intensive treatment period
16shall not exceed 120 days, unless the county has made progress
17toward or is actively working toward implementing the case plan
18that identifies the services or supports necessary to transition the
19child to a family setting, circumstances beyond the county’s control
20have prevented the county from obtaining those services or
21supports within the timeline documented in the case plan, and the
22need for additional time pursuant to the case plan is documented
23by the caseworker and approved by a deputy director or director
24of the county child welfare department.

25(iii) To the extent that placements pursuant to this paragraph
26are extended beyond an initial 120 days, the requirements of
27clauses (i) and (ii) shall apply to each extension. In addition, the
28deputy director or director of the county child welfare department
29shall approve the continued placement no less frequently than
30every 60 days.

31(iv) In addition, when a case plan indicates that placement is
32for purposes of providing family reunification services, the facility
33shall offer family reunification services that meet the needs of the
34individual child and his or her family, permit parents to have
35reasonable access to their children 24 hours a day, encourage
36extensive parental involvement in meeting the daily needs of their
37children, and employ staff trained to provide family reunification
38services. In addition, one of the following conditions exists:

39(I) The child’s parent is also under the jurisdiction of the court
40and resides in the facility.

P152  1(II) The child’s parent is participating in a treatment program
2affiliated with the facility and the child’s placement in the facility
3facilitates the coordination and provision of reunification services.

4(III) Placement in the facility is the only alternative that permits
5the parent to have daily 24-hour access to the child in accordance
6with the case plan, to participate fully in meeting all of the daily
7needs of the child, including feeding and personal hygiene, and to
8have access to necessary reunification services.

9(B) A child who is 6 to 12 years of age, inclusive, may be placed
10in a community care facility licensed as a group home for children
11or a short-term residential therapeutic program under the following
12conditions.

13(i) The short-term, specialized, and intensive treatment period
14shall not exceed six months, unless the county has made progress
15or is actively working toward implementing the case plan that
16identifies the services or supports necessary to transition the child
17to a family setting, circumstances beyond the county’s control
18have prevented the county from obtaining those services or
19supports within the timeline documented in the case plan, and the
20need for additional time pursuant to the case plan is documented
21by the caseworker and approved by a deputy director or director
22of the county child welfare department.

23(ii) To the extent that placements pursuant to this paragraph are
24extended beyond an initial six months, the requirements of this
25subparagraph shall apply to each extension. In addition, the deputy
26director or director of the county child welfare department shall
27approve the continued placement no less frequently than every 60
28days.

29(10) Any child placed in a short-term residential therapeutic
30program shall be either of the following:

31(A) A child who has been assessed as meeting one of the
32placement requirements set forth in subdivisions (b) and (e) of
33Section 11462.01.

34(B) A child under 6 years of age who is placed with his or her
35minor parent or for the purpose of reunification pursuant to clause
36(iv) of subparagraph (A) of paragraph (9).

37(11) Nothing in this subdivision shall be construed to allow a
38social worker to place any dependent child outside the United
39States, except as specified in subdivision (f).

P153  1(f) (1) A child under the supervision of a social worker pursuant
2to subdivision (e) shall not be placed outside the United States
3prior to a judicial finding that the placement is in the best interest
4of the child, except as required by federal law or treaty.

5(2) The party or agency requesting placement of the child outside
6the United States shall carry the burden of proof and shall show,
7by clear and convincing evidence, that placement outside the
8United States is in the best interest of the child.

9(3) In determining the best interest of the child, the court shall
10consider, but not be limited to, the following factors:

11(A) Placement with a relative.

12(B) Placement of siblings in the same home.

13(C) Amount and nature of any contact between the child and
14the potential guardian or caretaker.

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

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

17(F) Social, cultural, and educational needs of the dependent
18child.

19(G) Specific desires of any dependent child who is 12 years of
20age or older.

21(4) If the court finds that a placement outside the United States
22is, by clear and convincing evidence, in the best interest of the
23child, the court may issue an order authorizing the social worker
24to make a placement outside the United States. A child subject to
25this subdivision shall not leave the United States prior to the
26issuance of the order described in this paragraph.

27(5) For purposes of this subdivision, “outside the United States”
28shall not include the lands of any federally recognized American
29Indian tribe or Alaskan Natives.

30(6) This subdivision shall not apply to the placement of a
31dependent child with a parent pursuant to subdivision (a).

32(g) (1) If the child is taken from the physical custody of the
33child’s parent or guardian and unless the child is placed with
34relatives, the child shall be placed in foster care in the county of
35residence of the child’s parent or guardian in order to facilitate
36reunification of the family.

37(2) In the event that there are no appropriate placements
38available in the parent’s or guardian’s county of residence, a
39placement may be made in an appropriate place in another county,
P154  1preferably a county located adjacent to the parent’s or guardian’s
2community of residence.

3(3) Nothing in this section shall be interpreted as requiring
4multiple disruptions of the child’s placement corresponding to
5frequent changes of residence by the parent or guardian. In
6determining whether the child should be moved, the social worker
7shall take into consideration the potential harmful effects of
8disrupting the placement of the child and the parent’s or guardian’s
9reason for the move.

10(4) When it has been determined that it is necessary for a child
11to be placed in a county other than the child’s parent’s or guardian’s
12county of residence, the specific reason the out-of-county
13placement is necessary shall be documented in the child’s case
14plan. If the reason the out-of-county placement is necessary is the
15lack of resources in the sending county to meet the specific needs
16of the child, those specific resource needs shall be documented in
17the case plan.

18(5) When it has been determined that a child is to be placed out
19of county either in a group home or with a foster family agency
20for subsequent placement in a certified foster family home, and
21the sending county is to maintain responsibility for supervision
22and visitation of the child, the sending county shall develop a plan
23of supervision and visitation that specifies the supervision and
24visitation activities to be performed and specifies that the sending
25county is responsible for performing those activities. In addition
26to the plan of supervision and visitation, the sending county shall
27document information regarding any known or suspected dangerous
28behavior of the child that indicates the child may pose a safety
29concern in the receiving county. Upon implementation of the Child
30Welfare Services Case Management System, the plan of
31supervision and visitation, as well as information regarding any
32known or suspected dangerous behavior of the child, shall be made
33available to the receiving county upon placement of the child in
34the receiving county. If placement occurs on a weekend or holiday,
35the information shall be made available to the receiving county on
36or before the end of the next business day.

37(6) When it has been determined that a child is to be placed out
38of county and the sending county plans that the receiving county
39shall be responsible for the supervision and visitation of the child,
40the sending county shall develop a formal agreement between the
P155  1sending and receiving counties. The formal agreement shall specify
2the supervision and visitation to be provided the child, and shall
3specify that the receiving county is responsible for providing the
4supervision and visitation. The formal agreement shall be approved
5and signed by the sending and receiving counties prior to placement
6of the child in the receiving county. In addition, upon completion
7of the case plan, the sending county shall provide a copy of the
8completed case plan to the receiving county. The case plan shall
9include information regarding any known or suspected dangerous
10behavior of the child that indicates the child may pose a safety
11concern to the receiving county.

12(h) Whenever the social worker must change the placement of
13the child and is unable to find a suitable placement within the
14county and must place the child outside the county, the placement
15shall not be made until he or she has served written notice on the
16parent or guardian at least 14 days prior to the placement, unless
17the child’s health or well-being is endangered by delaying the
18action or would be endangered if prior notice were given. The
19notice shall state the reasons that require placement outside the
20county. The parent or guardian may object to the placement not
21later than seven days after receipt of the notice and, upon objection,
22the court shall hold a hearing not later than five days after the
23objection and prior to the placement. The court shall order
24out-of-county placement if it finds that the child’s particular needs
25require placement outside the county.

26(i) If the court has ordered removal of the child from the physical
27custody of his or her parents pursuant to Section 361, the court
28shall consider whether the family ties and best interest of the child
29will be served by granting visitation rights to the child’s
30grandparents. The court shall clearly specify those rights to the
31social worker.

32(j) If the court has ordered removal of the child from the physical
33custody of his or her parents pursuant to Section 361, the court
34shall consider whether there are any siblings under the court’s
35jurisdiction, or any nondependent siblings in the physical custody
36of a parent subject to the court’s jurisdiction, the nature of the
37relationship between the child and his or her siblings, the
38appropriateness of developing or maintaining the sibling
39relationships pursuant to Section 16002, and the impact of the
P156  1sibling relationships on the child’s placement and planning for
2legal permanence.

3(k) (1) An agency shall ensure placement of a child in a home
4that, to the fullest extent possible, best meets the day-to-day needs
5of the child. A home that best meets the day-to-day needs of the
6child shall satisfy all of the following criteria:

7(A) The child’s caregiver is able to meet the day-to-day health,
8safety, and well-being needs of the child.

9(B) The child’s caregiver is permitted to maintain the least
10 restrictive family setting that promotes normal childhood
11experiences and that serves the day-to-day needs of the child.

12(C) The child is permitted to engage in reasonable,
13age-appropriate day-to-day activities that promote normal
14childhood experiences for the foster child.

15(2) The foster child’s caregiver shall use a reasonable and
16prudent parent standard, as defined in paragraph (2) of subdivision
17(a) of Section 362.04, to determine day-to-day activities that are
18age appropriate to meet the needs of the child. Nothing in this
19section shall be construed to permit a child’s caregiver to permit
20the child to engage in day-to-day activities that carry an
21unreasonable risk of harm, or subject the child to abuse or neglect.

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

23

begin deleteSEC. 69.end delete
24
begin insertSEC. 71.end insert  

Section 361.3 of the Welfare and Institutions Code
25 is amended to read:

26

361.3.  

(a) In any case in which a child is removed from the
27physical custody of his or her parents pursuant to Section 361,
28preferential consideration shall be given to a request by a relative
29of the child for placement of the child with the relative, regardless
30of the relative’s immigration status. In determining whether
31placement with a relative is appropriate, the county social worker
32and court shall consider, but shall not be limited to, consideration
33of all the following factors:

34(1) The best interest of the child, including special physical,
35psychological, educational, medical, or emotional needs.

36(2) The wishes of the parent, the relative, and child, if
37appropriate.

38(3) The provisions of Part 6 (commencing with Section 7950)
39of Division 12 of the Family Code regarding relative placement.

P157  1(4) Placement of siblings and half siblings in the same home,
2unless that placement is found to be contrary to the safety and
3well-being of any of the siblings, as provided in Section 16002.

4(5) The good moral character of the relative and any other adult
5living in the home, including whether any individual residing in
6the home has a prior history of violent criminal acts or has been
7responsible for acts of child abuse or neglect.

8(6) The nature and duration of the relationship between the child
9and the relative, and the relative’s desire to care for, and to provide
10legal permanency for, the child if reunification is unsuccessful.

11(7) The ability of the relative to do the following:

12(A) Provide a safe, secure, and stable environment for the child.

13(B) Exercise proper and effective care and control of the child.

14(C) Provide a home and the necessities of life for the child.

15(D) Protect the child from his or her parents.

16(E) Facilitate court-ordered reunification efforts with the parents.

17(F) Facilitate visitation with the child’s other relatives.

18(G) Facilitate implementation of all elements of the case plan.

19(H) (i) Provide legal permanence for the child if reunification
20fails.

21(ii) However, any finding made with respect to the factor
22considered pursuant to this subparagraph and pursuant to
23subparagraph (G) shall not be the sole basis for precluding
24preferential placement with a relative.

25(I) Arrange for appropriate and safe child care, as necessary.

26(8) (A) The safety of the relative’s home. For a relative to be
27considered appropriate to receive placement of a child under this
28section on an emergency basis, the relative’s home shall first be
29assessed pursuant to the process and standards described in
30subdivision (d) of Section 309.

31(B) In this regard, the Legislature declares that a physical
32disability, such as blindness or deafness, is no bar to the raising
33of children, and a county social worker’s determination as to the
34ability of a disabled relative to exercise care and control should
35center upon whether the relative’s disability prevents him or her
36from exercising care and control. The court shall order the parent
37to disclose to the county social worker the names, residences, and
38any other known identifying information of any maternal or
39paternal relatives of the child. This inquiry shall not be construed,
40however, to guarantee that the child will be placed with any person
P158  1so identified. The county social worker shall initially contact the
2relatives given preferential consideration for placement to
3determine if they desire the child to be placed with them. Those
4desiring placement shall be assessed according to the factors
5enumerated in this subdivision. The county social worker shall
6document these efforts in the social study prepared pursuant to
7 Section 358.1. The court shall authorize the county social worker,
8while assessing these relatives for the possibility of placement, to
9disclose to the relative, as appropriate, the fact that the child is in
10custody, the alleged reasons for the custody, and the projected
11likely date for the child’s return home or placement for adoption
12or legal guardianship. However, this investigation shall not be
13construed as good cause for continuance of the dispositional
14hearing conducted pursuant to Section 358.

15(b) In any case in which more than one appropriate relative
16requests preferential consideration pursuant to this section, each
17relative shall be considered under the factors enumerated in
18subdivision (a). Consistent with the legislative intent for children
19to be placed immediately with a responsible relative, this section
20does not limit the county social worker’s ability to place a child
21in the home of an appropriate relative or a nonrelative extended
22family member pending the consideration of other relatives who
23have requested preferential consideration.

24(c) For purposes of this section:

25(1) “Preferential consideration” means that the relative seeking
26placement shall be the first placement to be considered and
27investigated.

28(2) “Relative” means an adult who is related to the child by
29blood, adoption, or affinity within the fifth degree of kinship,
30including stepparents, stepsiblings, and all relatives whose status
31is preceded by the words “great,” “great-great,” or “grand,” or the
32spouse of any of these persons even if the marriage was terminated
33by death or dissolution. However, only the following relatives
34shall be given preferential consideration for the placement of the
35child: an adult who is a grandparent, aunt, uncle, or sibling.

36(d) Subsequent to the hearing conducted pursuant to Section
37358, whenever a new placement of the child must be made,
38consideration for placement shall again be given as described in
39this section to relatives who have not been found to be unsuitable
40and who will fulfill the child’s reunification or permanent plan
P159  1requirements. In addition to the factors described in subdivision
2(a), the county social worker shall consider whether the relative
3has established and maintained a relationship with the child.

4(e) If the court does not place the child with a relative who has
5been considered for placement pursuant to this section, the court
6shall state for the record the reasons placement with that relative
7was denied.

8(f) (1) With respect to a child who satisfies the criteria set forth
9in paragraph (2), the department and any licensed adoption agency
10may search for a relative and furnish identifying information
11relating to the child to that relative if it is believed the child’s
12welfare will be promoted thereby.

13(2) Paragraph (1) shall apply if both of the following conditions
14are satisfied:

15(A) The child was previously a dependent of the court.

16(B) The child was previously adopted and the adoption has been
17disrupted, set aside pursuant to Section 9100 or 9102 of the Family
18Code, or the child has been released into the custody of the
19department or a licensed adoption agency by the adoptive parent
20or parents.

21(3) As used in this subdivision, “relative” includes a member
22of the child’s birth family and nonrelated extended family
23members, regardless of whether the parental rights were terminated,
24provided that both of the following are true:

25(A) No appropriate potential caretaker is known to exist from
26the child’s adoptive family, including nonrelated extended family
27members of the adoptive family.

28(B) The child was not the subject of a voluntary relinquishment
29by the birth parents pursuant to Section 8700 of the Family Code
30or Section 1255.7 of the Health and Safety Code.

31

begin deleteSEC. 70.end delete
32
begin insertSEC. 72.end insert  

Section 361.4 of the Welfare and Institutions Code
33 is amended to read:

34

361.4.  

(a) Prior to placing a child in the home of a relative, or
35the home of any prospective guardian or another person who is
36not a licensed or certified foster parent or an approved resource
37family, the county social worker shall visit the home to ascertain
38the appropriateness of the placement.

39(b) (1) Whenever a child may be placed in the home of a
40relative, a prospective guardian, or another person who is not a
P160  1licensed or certified foster parent or an approved resource family,
2the court or county social worker placing the child shall cause a
3state-level criminal records check to be conducted by an appropriate
4government agency through the California Law Enforcement
5Telecommunications System (CLETS) pursuant to Section 16504.5.
6The criminal records check shall be conducted with regard to all
7persons over 18 years of age living in the home, and on any other
8person over 18 years of age, other than professionals providing
9professional services to the child, known to the placing entity who
10may have significant contact with the child, including any person
11who has a familial or intimate relationship with any person living
12in the home. A criminal records check may be conducted pursuant
13to this section on any person over 14 years of age living in the
14home who the county social worker believes may have a criminal
15record. Within 10 calendar days following the criminal records
16check conducted through the California Law Enforcement
17Telecommunications System, the social worker shall ensure that
18a fingerprint clearance check of the relative and any other person
19whose criminal record was obtained pursuant to this subdivision
20is initiated through the Department of Justice to ensure the accuracy
21of the criminal records check conducted through the California
22Law Enforcement Telecommunications System and shall review
23the results of any criminal records check to assess the safety of the
24home. The Department of Justice shall forward fingerprint requests
25for federal-level criminal history information to the Federal Bureau
26of Investigation pursuant to this section.

27(2) An identification card from a foreign consulate or foreign
28passport shall be considered a valid form of identification for
29conducting a criminal records check and fingerprint clearance
30check under this subdivision and under subdivision (c).

31(c) Whenever a child may be placed in the home of a relative,
32a prospective guardian, or another person who is not a licensed or
33certified foster parent or an approved resource family, the county
34social worker shall cause a check of the Child Abuse Central Index
35pursuant to subdivision (a) of Section 11170 of the Penal Code to
36be requested from the Department of Justice. The Child Abuse
37Central Index check shall be conducted on all persons over 18
38years of age living in the home. For any application received on
39or after January 1, 2008, if any person in the household is 18 years
40of age or older and has lived in another state in the preceding five
P161  1years, the county social worker shall check the other state’s child
2abuse and neglect registry to the extent required by federal law.

3(d) (1) If the results of the California and federal criminal
4records check indicates that the person has no criminal record, the
5county social worker and court may consider the home of the
6relative, prospective guardian, or other person who is not a licensed
7or certified foster parent or approved resource family for placement
8of a child.

9(2) If the criminal records check indicates that the person has
10been convicted of a crime that the Director of Social Services
11cannot grant an exemption for under Section 1522 of the Health
12and Safety Code, the child shall not be placed in the home. If the
13criminal records check indicates that the person has been convicted
14of a crime that the Director of Social Services may grant an
15exemption for under Section 1522 of the Health and Safety Code,
16the child shall not be placed in the home unless a criminal records
17exemption has been granted by the county, based on substantial
18and convincing evidence to support a reasonable belief that the
19person with the criminal conviction is of such good character as
20to justify the placement and not present a risk of harm to the child
21pursuant to paragraph (3).

22(3) (A) A county may issue a criminal records exemption only
23if that county has been granted permission by the Director of Social
24Services to issue criminal records exemptions. The county may
25file a request with the Director of Social Services seeking
26permission for the county to establish a procedure to evaluate and
27grant appropriate individual criminal records exemptions for
28persons described in subdivision (b). The director shall grant or
29deny the county’s request within 14 days of receipt. The county
30shall evaluate individual criminal records in accordance with the
31standards and limitations set forth in paragraph (1) of subdivision
32(g) of Section 1522 of the Health and Safety Code, and in no event
33shall the county place a child in the home of a person who is
34ineligible for an exemption under that provision.

35(B) The department shall monitor county implementation of the
36authority to grant an exemption under this paragraph to ensure that
37the county evaluates individual criminal records and allows or
38disallows placements according to the standards set forth in
39paragraph (1) of subdivision (g) of Section 1522 of the Health and
40Safety Code.

P162  1(4) The department shall conduct an evaluation of the
2implementation of paragraph (3) through random sampling of
3county exemption decisions.

4(5) The State Department of Social Services shall not evaluate
5or grant criminal records exemption requests for persons described
6in subdivision (b), unless the exemption request is made by an
7Indian tribe pursuant to subdivision (e).

8(6) If a county has not requested, or has not been granted,
9permission by the State Department of Social Services to establish
10a procedure to evaluate and grant criminal records exemptions,
11the county shall not place a child into the home of a person
12described in subdivision (b) if any person residing in the home has
13been convicted of a crime other than a minor traffic violation,
14except as provided in subdivision (e).

15(e) The State Department of Social Services shall evaluate a
16request from an Indian tribe to exempt a crime that is exemptible
17under Section 1522 of the Health and Safety Code, if needed, to
18allow placement into an Indian home that the tribe has designated
19for placement under the federal Indian Child Welfare Act (25
20U.S.C. Sec. 1901 et seq.). However, if the county with jurisdiction
21over the child that is the subject of the tribe’s request has
22established an approved procedure pursuant to paragraph (3) of
23subdivision (d), the tribe may request that the county evaluate the
24exemption request. Once a tribe has elected to have the exemption
25request reviewed by either the State Department of Social Services
26or the county, the exemption decision may only be made by that
27entity. Nothing in this subdivision limits the duty of a county social
28worker to evaluate the home for placement or to gather information
29needed to evaluate an exemption request.

30

begin deleteSEC. 71.end delete
31
begin insertSEC. 73.end insert  

Section 361.45 of the Welfare and Institutions Code
32 is amended to read:

33

361.45.  

(a) Notwithstanding any other law, when the sudden
34unavailability of a foster caregiver requires a change in placement
35on an emergency basis for a child who is under the jurisdiction of
36the juvenile court pursuant to Section 300, if an able and willing
37relative, as defined in Section 319, or an able and willing
38nonrelative extended family member, as defined in Section 362.7,
39is available and requests temporary placement of the child pending
40resolution of the emergency situation, the county welfare
P163  1department shall initiate an assessment of the relative’s or
2nonrelative extended family member’s suitability, which shall
3include an in-home inspection to assess the safety of the home and
4the ability of the relative or nonrelative extended family member
5to care for the child’s needs, and a consideration of the results of
6a criminal records check conducted pursuant to subdivision (a) of
7Section 16504.5 and a check of allegations of prior child abuse or
8neglect concerning the relative or nonrelative extended family
9member and other adults in the home. Upon completion of this
10assessment, the child may be placed on an emergency basis in the
11assessed home.

12(b) Following the emergency placement of a child in the home
13of a relative or a nonrelative extended family member, the county
14welfare department shall evaluate and approve or deny the home
15pursuant to Section 16519.5.

16(c) (1) On and after January 1, 2012, if a nonminor dependent,
17as defined in subdivision (v) of Section 11400, is placed in the
18home of a relative or nonrelative extended family member, the
19home shall be approved using the same standards set forth in
20regulations as described in Section 1502.7 of the Health and Safety
21 Code.

22(2) On or before July 1, 2012, the department, in consultation
23with representatives of the Legislature, the County Welfare
24Directors Association, the Chief Probation Officers of California,
25the California Youth Connection, the Judicial Council, former
26foster youth, child advocacy organizations, dependency counsel
27for children, juvenile justice advocacy organizations, foster
28caregiver organizations, labor organizations, and representatives
29of Indian tribes, shall revise regulations regarding health and safety
30standards for approving relative homes in which nonminor
31dependents, as defined in subdivision (v) of Section 11400, of the
32juvenile court are placed under the responsibility of the county
33welfare or probation department, or an Indian tribe that entered
34into an agreement pursuant to Section 10553.1.

35(3) Notwithstanding the Administrative Procedure Act (Chapter
363.5 (commencing with Section 11340) of Part 1 of Division 3 of
37Title 2 of the Government Code), the department, in consultation
38with the stakeholders listed in paragraph (2), shall prepare for
39implementation of the applicable provisions of this section by
40publishing all-county letters or similar instructions from the director
P164  1by October 1, 2011, to be effective January 1, 2012. Emergency
2regulations to implement this section may be adopted by the
3director in accordance with the Administrative Procedure Act. The
4initial adoption of the emergency regulations and one readoption
5of the initial regulations shall be deemed to be an emergency and
6necessary for the immediate preservation of the public peace,
7health, safety, or general welfare. Initial emergency regulations
8and the first readoption of those emergency regulations shall be
9exempt from review by the Office of Administrative Law. The
10emergency regulations authorized by this section shall be submitted
11to the Office of Administrative Law for filing with the Secretary
12of State and shall remain in effect for no more than 180 days.

13

begin deleteSEC. 72.end delete
14
begin insertSEC. 74.end insert  

Section 361.5 of the Welfare and Institutions Code
15 is amended to read:

16

361.5.  

(a) Except as provided in subdivision (b), or when the
17parent has voluntarily relinquished the child and the relinquishment
18has been filed with the State Department of Social Services, or
19upon the establishment of an order of guardianship pursuant to
20Section 360, or when a court adjudicates a petition under Section
21329 to modify the court’s jurisdiction from delinquency jurisdiction
22to dependency jurisdiction pursuant to subparagraph (A) of
23paragraph (2) of subdivision (b) of Section 607.2 and the parents
24or guardian of the ward have had reunification services terminated
25under the delinquency jurisdiction, whenever a child is removed
26from a parent’s or guardian’s custody, the juvenile court shall order
27the social worker to provide child welfare services to the child and
28the child’s mother and statutorily presumed father or guardians.
29Upon a finding and declaration of paternity by the juvenile court
30or proof of a prior declaration of paternity by any court of
31competent jurisdiction, the juvenile court may order services for
32the child and the biological father, if the court determines that the
33services will benefit the child.

34(1) Family reunification services, when provided, shall be
35provided as follows:

36(A) Except as otherwise provided in subparagraph (C), for a
37child who, on the date of initial removal from the physical custody
38of his or her parent or guardian, was three years of age or older,
39court-ordered services shall be provided beginning with the
40dispositional hearing and ending 12 months after the date the child
P165  1 entered foster care as provided in Section 361.49, unless the child
2is returned to the home of the parent or guardian.

3(B) For a child who, on the date of initial removal from the
4physical custody of his or her parent or guardian, was under three
5years of age, court-ordered services shall be provided for a period
6of six months from the dispositional hearing as provided in
7subdivision (e) of Section 366.21, but no longer than 12 months
8from the date the child entered foster care as provided in Section
9361.49 unless the child is returned to the home of the parent or
10guardian.

11(C) For the purpose of placing and maintaining a sibling group
12together in a permanent home should reunification efforts fail, for
13a child in a sibling group whose members were removed from
14parental custody at the same time, and in which one member of
15the sibling group was under three years of age on the date of initial
16removal from the physical custody of his or her parent or guardian,
17court-ordered services for some or all of the sibling group may be
18limited as set forth in subparagraph (B). For the purposes of this
19paragraph, “a sibling group” shall mean two or more children who
20are related to each other as full or half siblings.

21(2) Any motion to terminate court-ordered reunification services
22prior to the hearing set pursuant to subdivision (f) of Section 366.21
23for a child described by subparagraph (A) of paragraph (1), or
24prior to the hearing set pursuant to subdivision (e) of Section
25366.21 for a child described by subparagraph (B) or (C) of
26paragraph (1), shall be made pursuant to the requirements set forth
27in subdivision (c) of Section 388. A motion to terminate
28court-ordered reunification services shall not be required at the
29hearing set pursuant to subdivision (e) of Section 366.21 if the
30court finds by clear and convincing evidence one of the following:

31(A) That the child was removed initially under subdivision (g)
32of Section 300 and the whereabouts of the parent are still unknown.

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

34(C) That the parent has been convicted of a felony indicating
35parental unfitness.

36(3) Notwithstanding subparagraphs (A), (B), and (C) of
37paragraph (1), court-ordered services may be extended up to a
38maximum time period not to exceed 18 months after the date the
39child was originally removed from physical custody of his or her
40parent or guardian if it can be shown, at the hearing held pursuant
P166  1to subdivision (f) of Section 366.21, that the permanent plan for
2the child is that he or she will be returned and safely maintained
3in the home within the extended time period. The court shall extend
4the time period only if it finds that there is a substantial probability
5that the child will be returned to the physical custody of his or her
6parent or guardian within the extended time period or that
7reasonable services have not been provided to the parent or
8guardian. In determining whether court-ordered services may be
9extended, the court shall consider the special circumstances of an
10incarcerated or institutionalized parent or parents, parent or parents
11court-ordered to a residential substance abuse treatment program,
12or a parent who has been arrested and issued an immigration hold,
13detained by the United States Department of Homeland Security,
14or deported to his or her country of origin, including, but not
15limited to, barriers to the parent’s or guardian’s access to services
16and ability to maintain contact with his or her child. The court
17shall also consider, among other factors, good faith efforts that the
18parent or guardian has made to maintain contact with the child. If
19the court extends the time period, the court shall specify the factual
20basis for its conclusion that there is a substantial probability that
21the child will be returned to the physical custody of his or her
22parent or guardian within the extended time period. The court also
23shall make findings pursuant to subdivision (a) of Section 366 and
24subdivision (e) of Section 358.1.

25When counseling or other treatment services are ordered, the
26parent or guardian shall be ordered to participate in those services,
27unless the parent’s or guardian’s participation is deemed by the
28court to be inappropriate or potentially detrimental to the child, or
29unless a parent or guardian is incarcerated or detained by the United
30States Department of Homeland Security and the corrections
31facility in which he or she is incarcerated does not provide access
32to the treatment services ordered by the court, or has been deported
33to his or her country of origin and services ordered by the court
34are not accessible in that country. Physical custody of the child by
35the parents or guardians during the applicable time period under
36subparagraph (A), (B), or (C) of paragraph (1) shall not serve to
37interrupt the running of the time period. If at the end of the
38applicable time period, a child cannot be safely returned to the
39care and custody of a parent or guardian without court supervision,
40but the child clearly desires contact with the parent or guardian,
P167  1the court shall take the child’s desire into account in devising a
2permanency plan.

3In cases where the child was under three years of age on the date
4of the initial removal from the physical custody of his or her parent
5or guardian or is a member of a sibling group as described in
6subparagraph (C) of paragraph (1), the court shall inform the parent
7or guardian that the failure of the parent or guardian to participate
8regularly in any court-ordered treatment programs or to cooperate
9or avail himself or herself of services provided as part of the child
10welfare services case plan may result in a termination of efforts
11to reunify the family after six months. The court shall inform the
12parent or guardian of the factors used in subdivision (e) of Section
13366.21 to determine whether to limit services to six months for
14some or all members of a sibling group as described in
15subparagraph (C) of paragraph (1).

16(4) Notwithstanding paragraph (3), court-ordered services may
17be extended up to a maximum time period not to exceed 24 months
18after the date the child was originally removed from physical
19custody of his or her parent or guardian if it is shown, at the hearing
20held pursuant to subdivision (b) of Section 366.22, that the
21permanent plan for the child is that he or she will be returned and
22safely maintained in the home within the extended time period.
23The court shall extend the time period only if it finds that it is in
24 the child’s best interest to have the time period extended and that
25there is a substantial probability that the child will be returned to
26the physical custody of his or her parent or guardian who is
27described in subdivision (b) of Section 366.22 within the extended
28time period, or that reasonable services have not been provided to
29the parent or guardian. If the court extends the time period, the
30court shall specify the factual basis for its conclusion that there is
31a substantial probability that the child will be returned to the
32physical custody of his or her parent or guardian within the
33extended time period. The court also shall make findings pursuant
34to subdivision (a) of Section 366 and subdivision (e) of Section
35358.1.

36When counseling or other treatment services are ordered, the
37parent or guardian shall be ordered to participate in those services,
38in order for substantial probability to be found. Physical custody
39of the child by the parents or guardians during the applicable time
40period under subparagraph (A), (B), or (C) of paragraph (1) shall
P168  1not serve to interrupt the running of the time period. If at the end
2of the applicable time period, the child cannot be safely returned
3to the care and custody of a parent or guardian without court
4supervision, but the child clearly desires contact with the parent
5or guardian, the court shall take the child’s desire into account in
6devising a permanency plan.

7Except in cases where, pursuant to subdivision (b), the court
8does not order reunification services, the court shall inform the
9parent or parents of Section 366.26 and shall specify that the
10parent’s or parents’ parental rights may be terminated.

11(b) Reunification services need not be provided to a parent or
12guardian described in this subdivision when the court finds, by
13clear and convincing evidence, any of the following:

14(1) That the whereabouts of the parent or guardian is unknown.
15A finding pursuant to this paragraph shall be supported by an
16affidavit or by proof that a reasonably diligent search has failed
17to locate the parent or guardian. The posting or publication of
18notices is not required in that search.

19(2) That the parent or guardian is suffering from a mental
20disability that is described in Chapter 2 (commencing with Section
217820) of Part 4 of Division 12 of the Family Code and that renders
22him or her incapable of utilizing those services.

23(3) That the child or a sibling of the child has been previously
24adjudicated a dependent pursuant to any subdivision of Section
25300 as a result of physical or sexual abuse, that following that
26adjudication the child had been removed from the custody of his
27or her parent or guardian pursuant to Section 361, that the child
28has been returned to the custody of the parent or guardian from
29whom the child had been taken originally, and that the child is
30being removed pursuant to Section 361, due to additional physical
31or sexual abuse.

32(4) That the parent or guardian of the child has caused the death
33of another child through abuse or neglect.

34(5) That the child was brought within the jurisdiction of the
35court under subdivision (e) of Section 300 because of the conduct
36of that parent or guardian.

37(6) That the child has been adjudicated a dependent pursuant
38to any subdivision of Section 300 as a result of severe sexual abuse
39or the infliction of severe physical harm to the child, a sibling, or
40a half sibling by a parent or guardian, as defined in this subdivision,
P169  1and the court makes a factual finding that it would not benefit the
2child to pursue reunification services with the offending parent or
3guardian.

4A finding of severe sexual abuse, for the purposes of this
5subdivision, may be based on, but is not limited to, sexual
6intercourse, or stimulation involving genital-genital, oral-genital,
7anal-genital, or oral-anal contact, whether between the parent or
8guardian and the child or a sibling or half sibling of the child, or
9between the child or a sibling or half sibling of the child and
10another person or animal with the actual or implied consent of the
11parent or guardian; or the penetration or manipulation of the
12child’s, sibling’s, or half sibling’s genital organs or rectum by any
13animate or inanimate object for the sexual gratification of the
14parent or guardian, or for the sexual gratification of another person
15with the actual or implied consent of the parent or guardian.

16A finding of the infliction of severe physical harm, for the
17purposes of this subdivision, may be based on, but is not limited
18to, deliberate and serious injury inflicted to or on a child’s body
19or the body of a sibling or half sibling of the child by an act or
20omission of the parent or guardian, or of another individual or
21animal with the consent of the parent or guardian; deliberate and
22torturous confinement of the child, sibling, or half sibling in a
23closed space; or any other torturous act or omission that would be
24reasonably understood to cause serious emotional damage.

25(7) That the parent is not receiving reunification services for a
26sibling or a half sibling of the child pursuant to paragraph (3), (5),
27or (6).

28(8) That the child was conceived by means of the commission
29of an offense listed in Section 288 or 288.5 of the Penal Code, or
30by an act committed outside of this state that, if committed in this
31state, would constitute one of those offenses. This paragraph only
32applies to the parent who committed the offense or act.

33(9) That the child has been found to be a child described in
34subdivision (g) of Section 300; that the parent or guardian of the
35child willfully abandoned the child, and the court finds that the
36abandonment itself constituted a serious danger to the child; or
37that the parent or other person having custody of the child
38voluntarily surrendered physical custody of the child pursuant to
39Section 1255.7 of the Health and Safety Code. For the purposes
40of this paragraph, “serious danger” means that without the
P170  1intervention of another person or agency, the child would have
2sustained severe or permanent disability, injury, illness, or death.
3For purposes of this paragraph, “willful abandonment” shall not
4be construed as actions taken in good faith by the parent without
5the intent of placing the child in serious danger.

6(10) That the court ordered termination of reunification services
7for any siblings or half siblings of the child because the parent or
8guardian failed to reunify with the sibling or half sibling after the
9sibling or half sibling had been removed from that parent or
10guardian pursuant to Section 361 and that parent or guardian is
11the same parent or guardian described in subdivision (a) and that,
12according to the findings of the court, this parent or guardian has
13not subsequently made a reasonable effort to treat the problems
14that led to removal of the sibling or half sibling of that child from
15that parent or guardian.

16(11) That the parental rights of a parent over any sibling or half
17sibling of the child had been permanently severed, and this parent
18is the same parent described in subdivision (a), and that, according
19to the findings of the court, this parent has not subsequently made
20 a reasonable effort to treat the problems that led to removal of the
21sibling or half sibling of that child from the parent.

22(12) That the parent or guardian of the child has been convicted
23of a violent felony, as defined in subdivision (c) of Section 667.5
24of the Penal Code.

25(13) That the parent or guardian of the child has a history of
26extensive, abusive, and chronic use of drugs or alcohol and has
27resisted prior court-ordered treatment for this problem during a
28three-year period immediately prior to the filing of the petition
29that brought that child to the court’s attention, or has failed or
30refused to comply with a program of drug or alcohol treatment
31described in the case plan required by Section 358.1 on at least
32two prior occasions, even though the programs identified were
33available and accessible.

34(14) That the parent or guardian of the child has advised the
35court that he or she is not interested in receiving family
36maintenance or family reunification services or having the child
37returned to or placed in his or her custody and does not wish to
38receive family maintenance or reunification services.

39The parent or guardian shall be represented by counsel and shall
40execute a waiver of services form to be adopted by the Judicial
P171  1Council. The court shall advise the parent or guardian of any right
2to services and of the possible consequences of a waiver of
3services, including the termination of parental rights and placement
4of the child for adoption. The court shall not accept the waiver of
5services unless it states on the record its finding that the parent or
6guardian has knowingly and intelligently waived the right to
7services.

8(15) That the parent or guardian has on one or more occasions
9willfully abducted the child or child’s sibling or half sibling from
10his or her placement and refused to disclose the child’s or child’s
11sibling’s or half sibling’s whereabouts, refused to return physical
12custody of the child or child’s sibling or half sibling to his or her
13placement, or refused to return physical custody of the child or
14child’s sibling or half sibling to the social worker.

15(16) That the parent or guardian has been required by the court
16to be registered on a sex offender registry under the federal Adam
17Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
1816913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
19Child Abuse Prevention and Treatment Act of 2006 (42 U.S.C.
20Sec. 5106a(2)(B)(xvi)(VI)).

21(c) In deciding whether to order reunification in any case in
22which this section applies, the court shall hold a dispositional
23hearing. The social worker shall prepare a report that discusses
24whether reunification services shall be provided. When it is alleged,
25pursuant to paragraph (2) of subdivision (b), that the parent is
26incapable of utilizing services due to mental disability, the court
27shall order reunification services unless competent evidence from
28mental health professionals establishes that, even with the provision
29of services, the parent is unlikely to be capable of adequately caring
30for the child within the time limits specified in subdivision (a).

31The court shall not order reunification for a parent or guardian
32described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12),
33(13), (14), (15), or (16) of subdivision (b) unless the court finds,
34by clear and convincing evidence, that reunification is in the best
35interest of the child.

36In addition, the court shall not order reunification in any situation
37described in paragraph (5) of subdivision (b) unless it finds that,
38based on competent testimony, those services are likely to prevent
39reabuse or continued neglect of the child or that failure to try
40reunification will be detrimental to the child because the child is
P172  1closely and positively attached to that parent. The social worker
2shall investigate the circumstances leading to the removal of the
3child and advise the court whether there are circumstances that
4indicate that reunification is likely to be successful or unsuccessful
5and whether failure to order reunification is likely to be detrimental
6to the child.

7The failure of the parent to respond to previous services, the fact
8that the child was abused while the parent was under the influence
9of drugs or alcohol, a past history of violent behavior, or testimony
10by a competent professional that the parent’s behavior is unlikely
11to be changed by services are among the factors indicating that
12reunification services are unlikely to be successful. The fact that
13a parent or guardian is no longer living with an individual who
14severely abused the child may be considered in deciding that
15reunification services are likely to be successful, provided that the
16court shall consider any pattern of behavior on the part of the parent
17that has exposed the child to repeated abuse.

18(d) If reunification services are not ordered pursuant to
19paragraph (1) of subdivision (b) and the whereabouts of a parent
20become known within six months of the out-of-home placement
21of the child, the court shall order the social worker to provide
22family reunification services in accordance with this subdivision.

23(e) (1) If the parent or guardian is incarcerated, institutionalized,
24or detained by the United States Department of Homeland Security,
25or has been deported to his or her country of origin, the court shall
26order reasonable services unless the court determines, by clear and
27 convincing evidence, those services would be detrimental to the
28child. In determining detriment, the court shall consider the age
29of the child, the degree of parent-child bonding, the length of the
30sentence, the length and nature of the treatment, the nature of the
31crime or illness, the degree of detriment to the child if services are
32not offered and, for children 10 years of age or older, the child’s
33attitude toward the implementation of family reunification services,
34the likelihood of the parent’s discharge from incarceration,
35institutionalization, or detention within the reunification time
36limitations described in subdivision (a), and any other appropriate
37factors. In determining the content of reasonable services, the court
38shall consider the particular barriers to an incarcerated,
39institutionalized, detained, or deported parent’s access to those
40court-mandated services and ability to maintain contact with his
P173  1or her child, and shall document this information in the child’s
2case plan. Reunification services are subject to the applicable time
3limitations imposed in subdivision (a). Services may include, but
4shall not be limited to, all of the following:

5(A) Maintaining contact between the parent and child through
6collect telephone calls.

7(B) Transportation services, when appropriate.

8(C) Visitation services, when appropriate.

9(D) Reasonable services to extended family members or foster
10parents providing care for the child if the services are not
11detrimental to the child.

12An incarcerated or detained parent may be required to attend
13counseling, parenting classes, or vocational training programs as
14part of the reunification service plan if actual access to these
15services is provided. The social worker shall document in the
16child’s case plan the particular barriers to an incarcerated,
17institutionalized, or detained parent’s access to those
18court-mandated services and ability to maintain contact with his
19or her child.

20(E) Reasonable efforts to assist parents who have been deported
21to contact child welfare authorities in their country of origin, to
22identify any available services that would substantially comply
23with case plan requirements, to document the parents’ participation
24in those services, and to accept reports from local child welfare
25authorities as to the parents’ living situation, progress, and
26participation in services.

27(2) The presiding judge of the juvenile court of each county
28may convene representatives of the county welfare department,
29the sheriff’s department, and other appropriate entities for the
30purpose of developing and entering into protocols for ensuring the
31 notification, transportation, and presence of an incarcerated or
32institutionalized parent at all court hearings involving proceedings
33affecting the child pursuant to Section 2625 of the Penal Code.
34The county welfare department shall utilize the prisoner locator
35system developed by the Department of Corrections and
36Rehabilitation to facilitate timely and effective notice of hearings
37for incarcerated parents.

38(3) Notwithstanding any other law, if the incarcerated parent is
39a woman seeking to participate in the community treatment
40program operated by the Department of Corrections and
P174  1Rehabilitation pursuant to Chapter 4.8 (commencing with Section
21174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
33410) of Title 2 of Part 3 of, the Penal Code, the court shall
4determine whether the parent’s participation in a program is in the
5child’s best interest and whether it is suitable to meet the needs of
6the parent and child.

7(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7),
8(8), (9), (10), (11), (12), (13), (14), (15), or (16) of subdivision (b)
9or paragraph (1) of subdivision (e), does not order reunification
10services, it shall, at the dispositional hearing, that shall include a
11permanency hearing, determine if a hearing under Section 366.26
12shall be set in order to determine whether adoption, guardianship,
13placement with a fit and willing relative, or another planned
14permanent living arrangement, or in the case of an Indian child,
15in consultation with the child’s tribe, tribal customary adoption,
16is the most appropriate plan for the child, and shall consider in-state
17and out-of-state placement options. If the court so determines, it
18shall conduct the hearing pursuant to Section 366.26 within 120
19days after the dispositional hearing. However, the court shall not
20schedule a hearing so long as the other parent is being provided
21reunification services pursuant to subdivision (a). The court may
22continue to permit the parent to visit the child unless it finds that
23visitation would be detrimental to the child.

24(g) (1) Whenever a court orders that a hearing shall be held
25pursuant to Section 366.26, including, when, in consultation with
26the child’s tribe, tribal customary adoption is recommended, it
27shall direct the agency supervising the child and the county
28adoption agency, or the State Department of Social Services when
29it is acting as an adoption agency, to prepare an assessment that
30shall include:

31(A) Current search efforts for an absent parent or parents and
32notification of a noncustodial parent in the manner provided for
33in Section 291.

34(B) A review of the amount of and nature of any contact between
35the child and his or her parents and other members of his or her
36extended family since the time of placement. Although the
37extended family of each child shall be reviewed on a case-by-case
38basis, “extended family” for the purpose of this subparagraph shall
39include, but not be limited to, the child’s siblings, grandparents,
40aunts, and uncles.

P175  1(C) An evaluation of the child’s medical, developmental,
2scholastic, mental, and emotional status.

3(D) A preliminary assessment of the eligibility and commitment
4of any identified prospective adoptive parent or guardian, including
5a prospective tribal customary adoptive parent, particularly the
6caretaker, to include a social history, including screening for
7criminal records and prior referrals for child abuse or neglect, the
8capability to meet the child’s needs, and the understanding of the
9legal and financial rights and responsibilities of adoption and
10guardianship. If a proposed guardian is a relative of the minor, the
11assessment shall also consider, but need not be limited to, all of
12the factors specified in subdivision (a) of Section 361.3 and in
13Section 361.4. As used in this subparagraph, “relative” means an
14adult who is related to the minor by blood, adoption, or affinity
15within the fifth degree of kinship, including stepparents,
16stepsiblings, and all relatives whose status is preceded by the words
17“great,” “great-great,” or “grand,” or the spouse of any of those
18persons even if the marriage was terminated by death or
19dissolution. If the proposed permanent plan is guardianship with
20an approved relative caregiver for a minor eligible for aid under
21the Kin-GAP Program, as provided for in Article 4.7 (commencing
22with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
23as used in this section has the same meaning as “relative” as
24defined in subdivision (c) of Section 11391.

25(E) The relationship of the child to any identified prospective
26adoptive parent or guardian, including a prospective tribal
27customary parent, the duration and character of the relationship,
28the degree of attachment of the child to the prospective relative
29guardian or adoptive parent, the relative’s or adoptive parent’s
30strong commitment to caring permanently for the child, the
31motivation for seeking adoption or guardianship, a statement from
32the child concerning placement and the adoption or guardianship,
33and whether the child over 12 years of age has been consulted
34about the proposed relative guardianship arrangements, unless the
35child’s age or physical, emotional, or other condition precludes
36his or her meaningful response, and if so, a description of the
37condition.

38(F) An analysis of the likelihood that the child will be adopted
39if parental rights are terminated.

P176  1(G) In the case of an Indian child, in addition to subparagraphs
2(A) to (F), inclusive, an assessment of the likelihood that the child
3will be adopted, when, in consultation with the child’s tribe, a
4tribal customary adoption, as defined in Section 366.24, is
5recommended. If tribal customary adoption is recommended, the
6assessment shall include an analysis of both of the following:

7(i) Whether tribal customary adoption would or would not be
8detrimental to the Indian child and the reasons for reaching that
9conclusion.

10(ii) Whether the Indian child cannot or should not be returned
11to the home of the Indian parent or Indian custodian and the reasons
12for reaching that conclusion.

13(2) (A) A relative caregiver’s preference for legal guardianship
14over adoption, if it is due to circumstances that do not include an
15unwillingness to accept legal or financial responsibility for the
16child, shall not constitute the sole basis for recommending removal
17of the child from the relative caregiver for purposes of adoptive
18placement.

19(B) Regardless of his or her immigration status, a relative
20caregiver shall be given information regarding the permanency
21options of guardianship and adoption, including the long-term
22benefits and consequences of each option, prior to establishing
23legal guardianship or pursuing adoption. If the proposed permanent
24plan is guardianship with an approved relative caregiver for a
25minor eligible for aid under the Kin-GAP Program, as provided
26for in Article 4.7 (commencing with Section 11385) of Chapter 2
27of Part 3 of Division 9, the relative caregiver shall be informed
28about the terms and conditions of the negotiated agreement
29pursuant to Section 11387 and shall agree to its execution prior to
30the hearing held pursuant to Section 366.26. A copy of the executed
31negotiated agreement shall be attached to the assessment.

32(h) If, at any hearing held pursuant to Section 366.26, a
33guardianship is established for the minor with an approved relative
34caregiver and juvenile court dependency is subsequently dismissed,
35the minor shall be eligible for aid under the Kin-GAP Program as
36provided for in Article 4.5 (commencing with Section 11360) or
37Article 4.7 (commencing with Section 11385) of Chapter 2 of Part
383 of Division 9, as applicable.

39(i) In determining whether reunification services will benefit
40the child pursuant to paragraph (6) or (7) of subdivision (b), the
P177  1court shall consider any information it deems relevant, including
2the following factors:

3(1) The specific act or omission comprising the severe sexual
4abuse or the severe physical harm inflicted on the child or the
5child’s sibling or half sibling.

6(2) The circumstances under which the abuse or harm was
7inflicted on the child or the child’s sibling or half sibling.

8(3) The severity of the emotional trauma suffered by the child
9or the child’s sibling or half sibling.

10(4) Any history of abuse of other children by the offending
11parent or guardian.

12(5) The likelihood that the child may be safely returned to the
13care of the offending parent or guardian within 12 months with no
14continuing supervision.

15(6) Whether or not the child desires to be reunified with the
16offending parent or guardian.

17(j) When the court determines that reunification services will
18not be ordered, it shall order that the child’s caregiver receive the
19child’s birth certificate in accordance with Sections 16010.4 and
2016010.5. Additionally, when the court determines that reunification
21services will not be ordered, it shall order, when appropriate, that
22a child who is 16 years of age or older receive his or her birth
23certificate.

24(k) The court shall read into the record the basis for a finding
25of severe sexual abuse or the infliction of severe physical harm
26under paragraph (6) of subdivision (b), and shall also specify the
27factual findings used to determine that the provision of
28reunification services to the offending parent or guardian would
29not benefit the child.

30

begin deleteSEC. 73.end delete
31
begin insertSEC. 75.end insert  

Section 366.26 of the Welfare and Institutions Code
32 is amended to read:

33

366.26.  

(a) This section applies to children who are adjudged
34dependent children of the juvenile court pursuant to subdivision
35(d) of Section 360. The procedures specified herein are the
36exclusive procedures for conducting these hearings; Part 2
37(commencing with Section 3020) of Division 8 of the Family Code
38is not applicable to these proceedings. Section 8616.5 of the Family
39Code is applicable and available to all dependent children meeting
40the requirements of that section, if the postadoption contact
P178  1agreement has been entered into voluntarily. For children who are
2adjudged dependent children of the juvenile court pursuant to
3subdivision (d) of Section 360, this section and Sections 8604,
48605, 8606, and 8700 of the Family Code and Chapter 5
5(commencing with Section 7660) of Part 3 of Division 12 of the
6Family Code specify the exclusive procedures for permanently
7terminating parental rights with regard to, or establishing legal
8guardianship of, the child while the child is a dependent child of
9the juvenile court.

10(b) At the hearing, which shall be held in juvenile court for all
11children who are dependents of the juvenile court, the court, in
12order to provide stable, permanent homes for these children, shall
13review the report as specified in Section 361.5, 366.21, 366.22, or
14366.25, shall indicate that the court has read and considered it,
15shall receive other evidence that the parties may present, and then
16shall make findings and orders in the following order of preference:

17(1) Terminate the rights of the parent or parents and order that
18the child be placed for adoption and, upon the filing of a petition
19for adoption in the juvenile court, order that a hearing be set. The
20court shall proceed with the adoption after the appellate rights of
21the natural parents have been exhausted.

22(2) Order, without termination of parental rights, the plan of
23tribal customary adoption, as described in Section 366.24, through
24tribal custom, traditions, or law of the Indian child’s tribe, and
25upon the court affording the tribal customary adoption order full
26faith and credit at the continued selection and implementation
27hearing, order that a hearing be set pursuant to paragraph (2) of
28subdivision (e).

29(3) Appoint a relative or relatives with whom the child is
30currently residing as legal guardian or guardians for the child, and
31order that letters of guardianship issue.

32(4) On making a finding under paragraph (3) of subdivision (c),
33identify adoption or tribal customary adoption as the permanent
34placement goal and order that efforts be made to locate an
35appropriate adoptive family for the child within a period not to
36exceed 180 days.

37(5) Appoint a nonrelative legal guardian for the child and order
38that letters of guardianship issue.

P179  1(6) Order that the child be permanently placed with a fit and
2willing relative, subject to the periodic review of the juvenile court
3under Section 366.3.

4(7) Order that the child remain in foster care, subject to the
5conditions described in paragraph (4) of subdivision (c) and the
6periodic review of the juvenile court under Section 366.3.

7In choosing among the above alternatives the court shall proceed
8pursuant to subdivision (c).

9(c) (1) If the court determines, based on the assessment provided
10as ordered under subdivision (i) of Section 366.21, subdivision (b)
11of Section 366.22, or subdivision (b) of Section 366.25, and any
12other relevant evidence, by a clear and convincing standard, that
13it is likely the child will be adopted, the court shall terminate
14parental rights and order the child placed for adoption. The fact
15that the child is not yet placed in a preadoptive home nor with a
16relative or foster family who is prepared to adopt the child, shall
17not constitute a basis for the court to conclude that it is not likely
18the child will be adopted. A finding under subdivision (b) or
19paragraph (1) of subdivision (e) of Section 361.5 that reunification
20services shall not be offered, under subdivision (e) of Section
21366.21 that the whereabouts of a parent have been unknown for
22six months or that the parent has failed to visit or contact the child
23for six months, or that the parent has been convicted of a felony
24indicating parental unfitness, or, under Section 366.21 or 366.22,
25that the court has continued to remove the child from the custody
26of the parent or guardian and has terminated reunification services,
27shall constitute a sufficient basis for termination of parental rights.
28Under these circumstances, the court shall terminate parental rights
29unless either of the following applies:

30(A) The child is living with a relative who is unable or unwilling
31to adopt the child because of circumstances that do not include an
32unwillingness to accept legal or financial responsibility for the
33child, but who is willing and capable of providing the child with
34a stable and permanent environment through legal guardianship,
35and the removal of the child from the custody of his or her relative
36would be detrimental to the emotional well-being of the child. For
37purposes of an Indian child, “relative” shall include an “extended
38family member,” as defined in the federal Indian Child Welfare
39Act of 1978 (25 U.S.C. Sec. 1903(2)).

P180  1(B) The court finds a compelling reason for determining that
2termination would be detrimental to the child due to one or more
3of the following circumstances:

4(i) The parents have maintained regular visitation and contact
5with the child and the child would benefit from continuing the
6relationship.

7(ii) A child 12 years of age or older objects to termination of
8parental rights.

9(iii) The child is placed in a residential treatment facility,
10adoption is unlikely or undesirable, and continuation of parental
11rights will not prevent finding the child a permanent family
12placement if the parents cannot resume custody when residential
13care is no longer needed.

14(iv) The child is living with a foster parent or Indian custodian
15who is unable or unwilling to adopt the child because of
16exceptional circumstances, that do not include an unwillingness
17to accept legal or financial responsibility for the child, but who is
18willing and capable of providing the child with a stable and
19permanent environment and the removal of the child from the
20physical custody of his or her foster parent or Indian custodian
21would be detrimental to the emotional well-being of the child. This
22clause does not apply to any child who is either (I) under six years
23of age or (II) a member of a sibling group where at least one child
24is under six years of age and the siblings are, or should be,
25permanently placed together.

26(v) There would be substantial interference with a child’s sibling
27relationship, taking into consideration the nature and extent of the
28relationship, including, but not limited to, whether the child was
29raised with a sibling in the same home, whether the child shared
30significant common experiences or has existing close and strong
31bonds with a sibling, and whether ongoing contact is in the child’s
32best interest, including the child’s long-term emotional interest,
33as compared to the benefit of legal permanence through adoption.

34(vi) The child is an Indian child and there is a compelling reason
35for determining that termination of parental rights would not be
36in the best interest of the child, including, but not limited to:

37(I) Termination of parental rights would substantially interfere
38with the child’s connection to his or her tribal community or the
39child’s tribal membership rights.

P181  1(II) The child’s tribe has identified guardianship, foster care
2with a fit and willing relative, tribal customary adoption, or another
3planned permanent living arrangement for the child.

4(III) The child is a nonminor dependent, and the nonminor and
5the nonminor’s tribe have identified tribal customary adoption for
6the nonminor.

7(C) For purposes of subparagraph (B), in the case of tribal
8customary adoptions, Section 366.24 shall apply.

9(D) If the court finds that termination of parental rights would
10be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
11(v), or (vi), it shall state its reasons in writing or on the record.

12(2) The court shall not terminate parental rights if:

13(A) At each hearing at which the court was required to consider
14reasonable efforts or services, the court has found that reasonable
15efforts were not made or that reasonable services were not offered
16or provided.

17(B) In the case of an Indian child:

18(i) At the hearing terminating parental rights, the court has found
19that active efforts were not made as required in Section 361.7.

20(ii) The court does not make a determination at the hearing
21terminating parental rights, supported by evidence beyond a
22reasonable doubt, including testimony of one or more “qualified
23expert witnesses” as defined in Section 224.6, that the continued
24custody of the child by the parent is likely to result in serious
25emotional or physical damage to the child.

26(iii) The court has ordered tribal customary adoption pursuant
27to Section 366.24.

28(3) If the court finds that termination of parental rights would
29not be detrimental to the child pursuant to paragraph (1) and that
30the child has a probability for adoption but is difficult to place for
31adoption and there is no identified or available prospective adoptive
32parent, the court may identify adoption as the permanent placement
33goal and, without terminating parental rights, order that efforts be
34made to locate an appropriate adoptive family for the child, within
35the state or out of the state, within a period not to exceed 180 days.
36During this 180-day period, the public agency responsible for
37seeking adoptive parents for each child shall, to the extent possible,
38ask each child who is 10 years of age or older to identify any
39individuals, other than the child’s siblings, who are important to
40the child, in order to identify potential adoptive parents. The public
P182  1agency may ask any other child to provide that information, as
2appropriate. During the 180-day period, the public agency shall,
3to the extent possible, contact other private and public adoption
4agencies regarding the availability of the child for adoption. During
5the 180-day period, the public agency shall conduct the search for
6adoptive parents in the same manner as prescribed for children in
7Sections 8708 and 8709 of the Family Code. At the expiration of
8this period, another hearing shall be held and the court shall
9proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision
10(b). For purposes of this section, a child may only be found to be
11difficult to place for adoption if there is no identified or available
12prospective adoptive parent for the child because of the child’s
13membership in a sibling group, or the presence of a diagnosed
14medical, physical, or mental handicap, or the child is seven years
15of age or older.

16(4) (A) If the court finds that adoption of the child or
17termination of parental rights is not in the best interest of the child,
18because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
19(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
20applies, the court shall order that the present caretakers or other
21appropriate persons shall become legal guardians of the child, or,
22in the case of an Indian child, consider a tribal customary adoption
23pursuant to Section 366.24. Legal guardianship shall be considered
24before continuing the child in foster care under any other permanent
25plan, if it is in the best interests of the child and if a suitable
26guardian can be found. If the child continues in foster care, the
27court shall make factual findings identifying any barriers to
28achieving adoption, tribal customary adoption in the case of an
29Indian child, legal guardianship, or placement with a fit and willing
30relative as of the date of the hearing. A child who is 10 years of
31age or older, shall be asked to identify any individuals, other than
32the child’s siblings, who are important to the child, in order to
33identify potential guardians or, in the case of an Indian child,
34prospective tribal customary adoptive parents. The agency may
35ask any other child to provide that information, as appropriate.

36(B) (i) If the child is living with an approved relative who is
37willing and capable of providing a stable and permanent
38environment, but not willing to become a legal guardian as of the
39hearing date, the court shall order a permanent plan of placement
40with a fit and willing relative, and the child shall not be removed
P183  1from the home if the court finds the removal would be seriously
2detrimental to the emotional well-being of the child because the
3child has substantial psychological ties to the relative caretaker.

4(ii) If the child is living with a nonrelative caregiver who is
5willing and capable of providing a stable and permanent
6environment, but not willing to become a legal guardian as of the
7hearing date, the court shall order that the child remain in foster
8care with a permanent plan of return home, adoption, legal
9guardianship, or placement with a fit and willing relative, as
10appropriate. If the child is 16 years of age or older, or a nonminor
11dependent, and no other permanent plan is appropriate at the time
12of the hearing, the court may order another planned permanent
13living arrangement, as described in paragraph (2) of subdivision
14(i) of Section 16501. Regardless of the age of the child, the child
15shall not be removed from the home if the court finds the removal
16would be seriously detrimental to the emotional well-being of the
17child because the child has substantial psychological ties to the
18caregiver.

19(iii) If the child is living in a group home or, on or after January
201, 2017, a short-term residential therapeutic program, the court
21shall order that the child remain in foster care with a permanent
22plan of return home, adoption, tribal customary adoption in the
23case of an Indian child, legal guardianship, or placement with a
24fit and willing relative, as appropriate. If the child is 16 years of
25age or older, or a nonminor dependent, and no other permanent
26plan is appropriate at the time of the hearing, the court may order
27 another planned permanent living arrangement, as described in
28paragraph (2) of subdivision (i) of Section 16501.

29(C) The court shall also make an order for visitation with the
30parents or guardians unless the court finds by a preponderance of
31the evidence that the visitation would be detrimental to the physical
32or emotional well-being of the child.

33(5) If the court finds that the child should not be placed for
34adoption, that legal guardianship shall not be established, that
35placement with a fit and willing relative is not appropriate as of
36the hearing date, and that there are no suitable foster parents except
37 certified family homes or resource families of a foster family
38agency available to provide the child with a stable and permanent
39environment, the court may order the care, custody, and control
40of the child transferred from the county welfare department to a
P184  1licensed foster family agency. The court shall consider the written
2recommendation of the county welfare director regarding the
3suitability of the transfer. The transfer shall be subject to further
4court orders.

5The licensed foster family agency shall place the child in a
6suitable licensed or certified family home that has been certified
7by the agency as meeting licensing standards or with a resource
8family approved by the agency. The licensed foster family agency
9shall be responsible for supporting the child and providing
10appropriate services to the child, including those services ordered
11by the court. Responsibility for the support of the child shall not,
12in and of itself, create liability on the part of the foster family
13agency to third persons injured by the child. Those children whose
14care, custody, and control are transferred to a foster family agency
15shall not be eligible for foster care maintenance payments or child
16welfare services, except for emergency response services pursuant
17to Section 16504.

18(d) The proceeding for the appointment of a guardian for a child
19who is a dependent of the juvenile court shall be in the juvenile
20court. If the court finds pursuant to this section that legal
21guardianship is the appropriate permanent plan, it shall appoint
22the legal guardian and issue letters of guardianship. The assessment
23prepared pursuant to subdivision (g) of Section 361.5, subdivision
24(i) of Section 366.21, subdivision (b) of Section 366.22, and
25subdivision (b) of Section 366.25 shall be read and considered by
26the court prior to the appointment, and this shall be reflected in
27the minutes of the court. The person preparing the assessment may
28 be called and examined by any party to the proceeding.

29(e) (1) The proceeding for the adoption of a child who is a
30dependent of the juvenile court shall be in the juvenile court if the
31court finds pursuant to this section that adoption is the appropriate
32permanent plan and the petition for adoption is filed in the juvenile
33court. Upon the filing of a petition for adoption, the juvenile court
34shall order that an adoption hearing be set. The court shall proceed
35with the adoption after the appellate rights of the natural parents
36have been exhausted. The full report required by Section 8715 of
37the Family Code shall be read and considered by the court prior
38to the adoption and this shall be reflected in the minutes of the
39court. The person preparing the report may be called and examined
40by any party to the proceeding. It is the intent of the Legislature,
P185  1pursuant to this subdivision, to give potential adoptive parents the
2 option of filing in the juvenile court the petition for the adoption
3of a child who is a dependent of the juvenile court. Nothing in this
4section is intended to prevent the filing of a petition for adoption
5in any other court as permitted by law, instead of in the juvenile
6court.

7(2) In the case of an Indian child, if the Indian child’s tribe has
8elected a permanent plan of tribal customary adoption, the court,
9upon receiving the tribal customary adoption order will afford the
10tribal customary adoption order full faith and credit to the same
11extent that the court would afford full faith and credit to the public
12acts, records, judicial proceedings, and judgments of any other
13entity. Upon a determination that the tribal customary adoption
14order may be afforded full faith and credit, consistent with Section
15224.5, the court shall thereafter order a hearing to finalize the
16adoption be set upon the filing of the adoption petition. The
17prospective tribal customary adoptive parents and the child who
18is the subject of the tribal customary adoption petition shall appear
19before the court for the finalization hearing. The court shall
20thereafter issue an order of adoption pursuant to Section 366.24.

21(3) If a child who is the subject of a finalized tribal customary
22adoption shows evidence of a developmental disability or mental
23illness as a result of conditions existing before the tribal customary
24adoption to the extent that the child cannot be relinquished to a
25licensed adoption agency on the grounds that the child is considered
26unadoptable, and of which condition the tribal customary adoptive
27parent or parents had no knowledge or notice before the entry of
28the tribal customary adoption order, a petition setting forth those
29facts may be filed by the tribal customary adoptive parent or
30parents with the juvenile court that granted the tribal customary
31adoption petition. If these facts are proved to the satisfaction of
32the juvenile court, it may make an order setting aside the tribal
33customary adoption order. The set-aside petition shall be filed
34within five years of the issuance of the tribal customary adoption
35order. The court clerk shall immediately notify the child’s tribe
36and the department in Sacramento of the petition within 60 days
37after the notice of filing of the petition. The department shall file
38a full report with the court and shall appear before the court for
39the purpose of representing the child. Whenever a final decree of
40tribal customary adoption has been vacated or set aside, the child
P186  1shall be returned to the custody of the county in which the
2proceeding for tribal customary adoption was finalized. The
3biological parent or parents of the child may petition for return of
4custody. The disposition of the child after the court has entered an
5order to set aside a tribal customary adoption shall include
6consultation with the child’s tribe.

7(f) At the beginning of any proceeding pursuant to this section,
8if the child or the parents are not being represented by previously
9retained or appointed counsel, the court shall proceed as follows:

10(1) In accordance with subdivision (c) of Section 317, if a child
11before the court is without counsel, the court shall appoint counsel
12unless the court finds that the child would not benefit from the
13appointment of counsel. The court shall state on the record its
14reasons for that finding.

15(2) If a parent appears without counsel and is unable to afford
16counsel, the court shall appoint counsel for the parent, unless this
17representation is knowingly and intelligently waived. The same
18counsel shall not be appointed to represent both the child and his
19or her parent. The public defender or private counsel may be
20appointed as counsel for the parent.

21(3) Private counsel appointed under this section shall receive a
22reasonable sum for compensation and expenses, the amount of
23which shall be determined by the court. The amount shall be paid
24by the real parties in interest, other than the child, in any
25proportions the court deems just. However, if the court finds that
26any of the real parties in interest are unable to afford counsel, the
27amount shall be paid out of the general fund of the county.

28(g) The court may continue the proceeding for a period of time
29not to exceed 30 days as necessary to appoint counsel, and to
30enable counsel to become acquainted with the case.

31(h) (1) At all proceedings under this section, the court shall
32consider the wishes of the child and shall act in the best interests
33of the child.

34(2) In accordance with Section 349, the child shall be present
35in court if the child or the child’s counsel so requests or the court
36so orders. If the child is 10 years of age or older and is not present
37at a hearing held pursuant to this section, the court shall determine
38whether the minor was properly notified of his or her right to attend
39the hearing and inquire as to the reason why the child is not present.

P187  1(3) (A) The testimony of the child may be taken in chambers
2and outside the presence of the child’s parent or parents, if the
3child’s parent or parents are represented by counsel, the counsel
4is present, and any of the following circumstances exist:

5(i) The court determines that testimony in chambers is necessary
6to ensure truthful testimony.

7(ii) The child is likely to be intimidated by a formal courtroom
8setting.

9(iii) The child is afraid to testify in front of his or her parent or
10parents.

11(B) After testimony in chambers, the parent or parents of the
12child may elect to have the court reporter read back the testimony
13or have the testimony summarized by counsel for the parent or
14parents.

15(C) The testimony of a child also may be taken in chambers and
16outside the presence of the guardian or guardians of a child under
17the circumstances specified in this subdivision.

18(i) (1) Any order of the court permanently terminating parental
19rights under this section shall be conclusive and binding upon the
20child, upon the parent or parents and, upon all other persons who
21have been served with citation by publication or otherwise as
22provided in this chapter. After making the order, the juvenile court
23shall have no power to set aside, change, or modify it, except as
24provided in paragraph (2), but nothing in this section shall be
25construed to limit the right to appeal the order.

26(2) A tribal customary adoption order evidencing that the Indian
27child has been the subject of a tribal customary adoption shall be
28afforded full faith and credit and shall have the same force and
29effect as an order of adoption authorized by this section. The rights
30and obligations of the parties as to the matters determined by the
31Indian child’s tribe shall be binding on all parties. A court shall
32not order compliance with the order absent a finding that the party
33seeking the enforcement participated, or attempted to participate,
34in good faith, in family mediation services of the court or dispute
35resolution through the tribe regarding the conflict, prior to the
36filing of the enforcement action.

37(3) A child who has not been adopted after the passage of at
38least three years from the date the court terminated parental rights
39and for whom the court has determined that adoption is no longer
40the permanent plan may petition the juvenile court to reinstate
P188  1parental rights pursuant to the procedure prescribed by Section
2388. The child may file the petition prior to the expiration of this
3three-year period if the State Department of Social Services, county
4adoption agency, or licensed adoption agency that is responsible
5for custody and supervision of the child as described in subdivision
6(j) and the child stipulate that the child is no longer likely to be
7adopted. A child over 12 years of age shall sign the petition in the
8absence of a showing of good cause as to why the child could not
9do so. If it appears that the best interests of the child may be
10promoted by reinstatement of parental rights, the court shall order
11that a hearing be held and shall give prior notice, or cause prior
12notice to be given, to the social worker or probation officer and to
13the child’s attorney of record, or, if there is no attorney of record
14for the child, to the child, and the child’s tribe, if applicable, by
15means prescribed by subdivision (c) of Section 297. The court
16shall order the child or the social worker or probation officer to
17give prior notice of the hearing to the child’s former parent or
18parents whose parental rights were terminated in the manner
19prescribed by subdivision (f) of Section 294 where the
20recommendation is adoption. The juvenile court shall grant the
21petition if it finds by clear and convincing evidence that the child
22is no longer likely to be adopted and that reinstatement of parental
23rights is in the child’s best interest. If the court reinstates parental
24rights over a child who is under 12 years of age and for whom the
25 new permanent plan will not be reunification with a parent or legal
26guardian, the court shall specify the factual basis for its findings
27that it is in the best interest of the child to reinstate parental rights.
28This subdivision is intended to be retroactive and applies to any
29child who is under the jurisdiction of the juvenile court at the time
30of the hearing regardless of the date parental rights were terminated.

31(j) If the court, by order or judgment, declares the child free
32from the custody and control of both parents, or one parent if the
33other does not have custody and control, or declares the child
34eligible for tribal customary adoption, the court shall at the same
35time order the child referred to the State Department of Social
36Services, county adoption agency, or licensed adoption agency for
37adoptive placement by the agency. However, except in the case
38of a tribal customary adoption where there is no termination of
39parental rights, a petition for adoption may not be granted until
40the appellate rights of the natural parents have been exhausted.
P189  1The State Department of Social Services, county adoption agency,
2or licensed adoption agency shall be responsible for the custody
3and supervision of the child and shall be entitled to the exclusive
4care and control of the child at all times until a petition for adoption
5or tribal customary adoption is granted, except as specified in
6subdivision (n). With the consent of the agency, the court may
7appoint a guardian of the child, who shall serve until the child is
8adopted.

9(k) Notwithstanding any other law, the application of any person
10who, as a relative caretaker or foster parent, has cared for a
11dependent child for whom the court has approved a permanent
12plan for adoption, or who has been freed for adoption, shall be
13given preference with respect to that child over all other
14applications for adoptive placement if the agency making the
15placement determines that the child has substantial emotional ties
16to the relative caretaker or foster parent and removal from the
17relative caretaker or foster parent would be seriously detrimental
18to the child’s emotional well-being.

19As used in this subdivision, “preference” means that the
20application shall be processed and, if satisfactory, the family study
21shall be completed before the processing of the application of any
22other person for the adoptive placement of the child.

23(l) (1) An order by the court that a hearing pursuant to this
24section be held is not appealable at any time unless all of the
25following apply:

26(A) A petition for extraordinary writ review was filed in a timely
27manner.

28(B) The petition substantively addressed the specific issues to
29be challenged and supported that challenge by an adequate record.

30(C) The petition for extraordinary writ review was summarily
31denied or otherwise not decided on the merits.

32(2) Failure to file a petition for extraordinary writ review within
33the period specified by rule, to substantively address the specific
34issues challenged, or to support that challenge by an adequate
35record shall preclude subsequent review by appeal of the findings
36and orders made pursuant to this section.

37(3) The Judicial Council shall adopt rules of court, effective
38January 1, 1995, to ensure all of the following:

39(A) A trial court, after issuance of an order directing a hearing
40pursuant to this section be held, shall advise all parties of the
P190  1requirement of filing a petition for extraordinary writ review as
2set forth in this subdivision in order to preserve any right to appeal
3in these issues. This notice shall be made orally to a party if the
4party is present at the time of the making of the order or by
5first-class mail by the clerk of the court to the last known address
6of a party not present at the time of the making of the order.

7(B) The prompt transmittal of the records from the trial court
8to the appellate court.

9(C) That adequate time requirements for counsel and court
10personnel exist to implement the objective of this subdivision.

11(D) That the parent or guardian, or their trial counsel or other
12counsel, is charged with the responsibility of filing a petition for
13extraordinary writ relief pursuant to this subdivision.

14(4) The intent of this subdivision is to do both of the following:

15(A) Make every reasonable attempt to achieve a substantive and
16meritorious review by the appellate court within the time specified
17in Sections 366.21, 366.22, and 366.25 for holding a hearing
18pursuant to this section.

19(B) Encourage the appellate court to determine all writ petitions
20filed pursuant to this subdivision on their merits.

21(5) This subdivision shall only apply to cases in which an order
22to set a hearing pursuant to this section is issued on or after January
231, 1995.

24(m) Except for subdivision (j), this section shall also apply to
25minors adjudged wards pursuant to Section 727.31.

26(n) (1) Notwithstanding Section 8704 of the Family Code or
27any other law, the court, at a hearing held pursuant to this section
28or anytime thereafter, may designate a current caretaker as a
29prospective adoptive parent if the child has lived with the caretaker
30for at least six months, the caretaker currently expresses a
31commitment to adopt the child, and the caretaker has taken at least
32one step to facilitate the adoption process. In determining whether
33to make that designation, the court may take into consideration
34whether the caretaker is listed in the preliminary assessment
35prepared by the county department in accordance with subdivision
36(i) of Section 366.21 as an appropriate person to be considered as
37an adoptive parent for the child and the recommendation of the
38State Department of Social Services, county adoption agency, or
39licensed adoption agency.

P191  1(2) For purposes of this subdivision, steps to facilitate the
2adoption process include, but are not limited to, the following:

3(A) Applying for an adoption homestudy.

4(B) Cooperating with an adoption homestudy.

5(C) Being designated by the court or the adoption agency as the
6adoptive family.

7(D) Requesting de facto parent status.

8(E) Signing an adoptive placement agreement.

9(F) Engaging in discussions regarding a postadoption contact
10agreement.

11(G) Working to overcome any impediments that have been
12identified by the State Department of Social Services, county
13adoption agency, or licensed adoption agency.

14(H) Attending classes required of prospective adoptive parents.

15(3) Prior to a change in placement and as soon as possible after
16a decision is made to remove a child from the home of a designated
17prospective adoptive parent, the agency shall notify the court, the
18designated prospective adoptive parent or the current caretaker, if
19that caretaker would have met the threshold criteria to be
20designated as a prospective adoptive parent pursuant to paragraph
21(1) on the date of service of this notice, the child’s attorney, and
22the child, if the child is 10 years of age or older, of the proposal
23in the manner described in Section 16010.6.

24(A) Within five court days or seven calendar days, whichever
25is longer, of the date of notification, the child, the child’s attorney,
26or the designated prospective adoptive parent may file a petition
27with the court objecting to the proposal to remove the child, or the
28court, upon its own motion, may set a hearing regarding the
29proposal. The court may, for good cause, extend the filing period.
30A caretaker who would have met the threshold criteria to be
31designated as a prospective adoptive parent pursuant to paragraph
32(1) on the date of service of the notice of proposed removal of the
33child may file, together with the petition under this subparagraph,
34a petition for an order designating the caretaker as a prospective
35adoptive parent for purposes of this subdivision.

36(B) A hearing ordered pursuant to this paragraph shall be held
37as soon as possible and not later than five court days after the
38petition is filed with the court or the court sets a hearing upon its
39own motion, unless the court for good cause is unable to set the
40matter for hearing five court days after the petition is filed, in
P192  1which case the court shall set the matter for hearing as soon as
2possible. At the hearing, the court shall determine whether the
3caretaker has met the threshold criteria to be designated as a
4prospective adoptive parent pursuant to paragraph (1), and whether
5the proposed removal of the child from the home of the designated
6prospective adoptive parent is in the child’s best interest, and the
7child may not be removed from the home of the designated
8prospective adoptive parent unless the court finds that removal is
9in the child’s best interest. If the court determines that the caretaker
10did not meet the threshold criteria to be designated as a prospective
11adoptive parent on the date of service of the notice of proposed
12removal of the child, the petition objecting to the proposed removal
13filed by the caretaker shall be dismissed. If the caretaker was
14designated as a prospective adoptive parent prior to this hearing,
15the court shall inquire into any progress made by the caretaker
16towards the adoption of the child since the caretaker was designated
17as a prospective adoptive parent.

18(C) A determination by the court that the caretaker is a
19designated prospective adoptive parent pursuant to paragraph (1)
20or subparagraph (B) does not make the caretaker a party to the
21dependency proceeding nor does it confer on the caretaker any
22standing to object to any other action of the department, county
23adoption agency, or licensed adoption agency, unless the caretaker
24has been declared a de facto parent by the court prior to the notice
25of removal served pursuant to paragraph (3).

26(D) If a petition objecting to the proposal to remove the child
27is not filed, and the court, upon its own motion, does not set a
28hearing, the child may be removed from the home of the designated
29prospective adoptive parent without a hearing.

30(4) Notwithstanding paragraph (3), if the State Department of
31 Social Services, county adoption agency, or licensed adoption
32agency determines that the child must be removed from the home
33of the caretaker who is or may be a designated prospective adoptive
34parent immediately, due to a risk of physical or emotional harm,
35the agency may remove the child from that home and is not
36required to provide notice prior to the removal. However, as soon
37as possible and not longer than two court days after the removal,
38the agency shall notify the court, the caretaker who is or may be
39a designated prospective adoptive parent, the child’s attorney, and
40the child, if the child is 10 years of age or older, of the removal.
P193  1Within five court days or seven calendar days, whichever is longer,
2of the date of notification of the removal, the child, the child’s
3attorney, or the caretaker who is or may be a designated prospective
4adoptive parent may petition for, or the court on its own motion
5may set, a noticed hearing pursuant to paragraph (3). The court
6may, for good cause, extend the filing period.

7(5) Except as provided in subdivision (b) of Section 366.28, an
8order by the court issued after a hearing pursuant to this subdivision
9shall not be appealable.

10(6) Nothing in this section shall preclude a county child
11protective services agency from fully investigating and responding
12to alleged abuse or neglect of a child pursuant to Section 11165.5
13of the Penal Code.

14(7) The Judicial Council shall prepare forms to facilitate the
15filing of the petitions described in this subdivision, which shall
16become effective on January 1, 2006.

17

begin deleteSEC. 74.end delete
18
begin insertSEC. 76.end insert  

Section 706.6 of the Welfare and Institutions Code
19 is amended to read:

20

706.6.  

(a) Services to minors are best provided in a framework
21that integrates service planning and delivery among multiple
22service systems, including the mental health system, using a
23team-based approach, such as a child and family team. A child
24and family team brings together individuals that engage with the
25child or youth and family in assessing, planning, and delivering
26services. Use of a team approach increases efficiency, and thus
27reduces cost, by increasing coordination of formal services and
28integrating the natural and informal supports available to the child
29or youth and family.

30(b) (1) For the purposes of this section, “child and family team”
31has the same meaning as in paragraph (4) of subdivision (a) of
32Section 16501.

33(2) In its development of the case plan, the probation agency
34shall consider any recommendations of the child and family team,
35as defined in paragraph (4) of subdivision (a) of Section 16501.
36The agency shall document the rationale for any inconsistencies
37between the case plan and the child and family team
38recommendations.

39(c) A case plan prepared as required by Section 706.5 shall be
40submitted to the court. It shall either be attached to the social study
P194  1or incorporated as a separate section within the social study. The
2case plan shall include, but not be limited to, the following
3information:

4(1) A description of the circumstances that resulted in the minor
5being placed under the supervision of the probation department
6and in foster care.

7(2) Documentation of the preplacement assessment of the
8minor’s and family’s strengths and service needs showing that
9preventive services have been provided, and that reasonable efforts
10to prevent out-of-home placement have been made. The assessment
11shall include the type of placement best equipped to meet those
12needs.

13(3) (A) A description of the type of home or institution in which
14the minor is to be placed, and the reasons for that placement
15decision, including a discussion of the safety and appropriateness
16of the placement, including the recommendations of the child and
17family team, if available.

18(B) An appropriate placement is a placement in the least
19restrictive, most family-like environment that promotes normal
20childhood experiences, in closest proximity to the minor’s home,
21that meets the minor’s best interests and special needs.

22(d) The following shall apply:

23(1) The agency selecting a placement shall consider, in order
24of priority:

25(A) Placement with relatives, nonrelated extended family
26members, and tribal members.

27(B) Foster family homes and certified homes or resource families
28of foster family agencies.

29(C) Treatment and intensive treatment certified homes or
30resource families of foster family agencies, or multidimensional
31treatment foster homes or therapeutic foster care homes.

32(D) Group care placements in the following order:

33(i) Short-term residential therapeutic programs.

34(ii) Group homes.

35(iii) Community treatment facilities.

36(iv) Out-of-state residential treatment pursuant to Part 5
37(commencing with Section 7900) of Division 12 of the Family
38Code.

39(2) Although the placement options shall be considered in the
40preferential order specified in paragraph (1), the placement of a
P195  1child may be with any of these placement settings in order to ensure
2the selection of a safe placement setting that is in the child’s best
3interests and meets the child’s special needs.

4(3) A minor may be placed into a community care facility
5licensed as a short-term residential therapeutic program, as defined
6in subdivision (ad) of Section 11400, provided the case plan
7indicates that the placement is for the purposes of providing
8short-term, specialized, and intensive treatment for the minor, the
9case plan specifies the need for, nature of, and anticipated duration
10of this treatment, and the case plan includes transitioning the minor
11to a less restrictive environment and the projected timeline by
12which the minor will be transitioned to a less restrictive
13environment.

14(e) Effective January 1, 2010, a case plan shall ensure the
15educational stability of the child while in foster care and shall
16include both of the following:

17(1) Assurances that the placement takes into account the
18appropriateness of the current educational setting and the proximity
19to the school in which the child is enrolled at the time of placement.

20(2) An assurance that the placement agency has coordinated
21with appropriate local educational agencies to ensure that the child
22remains in the school in which the child is enrolled at the time of
23placement, or, if remaining in that school is not in the best interests
24of the child, assurances by the placement agency and the local
25educational agency to provide immediate and appropriate
26enrollment in a new school and to provide all of the child’s
27educational records to the new school.

28(f) Specific time-limited goals and related activities designed
29to enable the safe return of the minor to his or her home, or in the
30event that return to his or her home is not possible, activities
31designed to result in permanent placement or emancipation.
32Specific responsibility for carrying out the planned activities shall
33be assigned to one or more of the following:

34(1) The probation department.

35(2) The minor’s parent or parents or legal guardian or guardians,
36as applicable.

37(3) The minor.

38(4) The foster parents or licensed agency providing foster care.

39(g) The projected date of completion of the case plan objectives
40and the date services will be terminated.

P196  1(h) (1) Scheduled visits between the minor and his or her family
2and an explanation if no visits are made.

3(2) Whether the child has other siblings, and, if any siblings
4exist, all of the following:

5(A) The nature of the relationship between the child and his or
6her siblings.

7(B) The appropriateness of developing or maintaining the sibling
8relationships pursuant to Section 16002.

9(C) If the siblings are not placed together in the same home,
10why the siblings are not placed together and what efforts are being
11made to place the siblings together, or why those efforts are not
12appropriate.

13(D) If the siblings are not placed together, all of the following:

14(i) The frequency and nature of the visits between the siblings.

15(ii) If there are visits between the siblings, whether the visits
16are supervised or unsupervised. If the visits are supervised, a
17discussion of the reasons why the visits are supervised, and what
18needs to be accomplished in order for the visits to be unsupervised.

19(iii) If there are visits between the siblings, a description of the
20location and length of the visits.

21(iv) Any plan to increase visitation between the siblings.

22(E) The impact of the sibling relationships on the child’s
23placement and planning for legal permanence.

24(F) The continuing need to suspend sibling interaction, if
25applicable, pursuant to subdivision (c) of Section 16002.

26(3) The factors the court may consider in making a determination
27regarding the nature of the child’s sibling relationships may
28include, but are not limited to, whether the siblings were raised
29together in the same home, whether the siblings have shared
30significant common experiences or have existing close and strong
31bonds, whether either sibling expresses a desire to visit or live with
32his or her sibling, as applicable, and whether ongoing contact is
33in the child’s best emotional interests.

34(i) (1) When placement is made in a foster family home, group
35home, or other child care institution that is either a substantial
36distance from the home of the minor’s parent or legal guardian or
37out of state, the case plan shall specify the reasons why the
38placement is the most appropriate and is in the best interest of the
39minor.

P197  1(2) When an out-of-state group home placement is recommended
2or made, the case plan shall comply with Section 727.1 of this
3code and Section 7911.1 of the Family Code. In addition,
4documentation of the recommendation of the multidisciplinary
5team and the rationale for this particular placement shall be
6included. The case plan shall also address what in-state services
7or facilities were used or considered and why they were not
8recommended.

9(j) If applicable, efforts to make it possible to place siblings
10together, unless it has been determined that placement together is
11not in the best interest of one or more siblings.

12(k) A schedule of visits between the minor and the probation
13officer, including a monthly visitation schedule for those children
14placed in group homes.

15(l) Health and education information about the minor, school
16records, immunizations, known medical problems, and any known
17medications the minor may be taking, names and addresses of the
18minor’s health and educational providers; the minor’s grade level
19performance; assurances that the minor’s placement in foster care
20takes into account proximity to the school in which the minor was
21enrolled at the time of placement; and other relevant health and
22educational information.

23(m) When out-of-home services are used and the goal is
24reunification, the case plan shall describe the services that were
25provided to prevent removal of the minor from the home, those
26services to be provided to assist in reunification and the services
27to be provided concurrently to achieve legal permanency if efforts
28to reunify fail.

29(n) (1) The updated case plan prepared for a permanency
30planning hearing shall include a recommendation for a permanent
31plan for the minor. The identified permanent plan for a minor under
3216 years of age shall be return home, adoption, legal guardianship,
33or placement with a fit and willing relative. The case plan shall
34identify any barriers to achieving legal permanence and the steps
35the agency will take to address those barriers.

36(2) If, after considering reunification, adoptive placement, legal
37guardianship, or permanent placement with a fit and willing relative
38the probation officer recommends placement in a planned
39permanent living arrangement for a minor 16 years of age or older,
40the case plan shall include documentation of a compelling reason
P198  1or reasons why termination of parental rights is not in the minor’s
2best interest. For purposes of this subdivision, a “compelling
3reason” shall have the same meaning as in subdivision (c) of
4Section 727.3. The case plan shall also identify the intensive and
5ongoing efforts to return the minor to the home of the parent, place
6the minor for adoption, establish a legal guardianship, or place the
7minor with a fit and willing relative, as appropriate. Efforts shall
8include the use of technology, including social media, to find
9biological family members of the minor.

10(o) Each updated case plan shall include a description of the
11services that have been provided to the minor under the plan and
12an evaluation of the appropriateness and effectiveness of those
13services.

14(p) A statement that the parent or legal guardian, and the minor
15have had an opportunity to participate in the development of the
16case plan, to review the case plan, to sign the case plan, and to
17receive a copy of the plan, or an explanation about why the parent,
18legal guardian, or minor was not able to participate or sign the case
19 plan.

20(q) For a minor in out-of-home care who is 16 years of age or
21older, a written description of the programs and services, which
22will help the minor prepare for the transition from foster care to
23successful adulthood.

24

begin deleteSEC. 75.end delete
25
begin insertSEC. 77.end insert  

Section 727 of the Welfare and Institutions Code is
26amended to read:

27

727.  

(a) (1) If a minor or nonminor is adjudged a ward of the
28court on the ground that he or she is a person described by Section
29601 or 602, the court may make any reasonable orders for the care,
30supervision, custody, conduct, maintenance, and support of the
31minor or nonminor, including medical treatment, subject to further
32order of the court.

33(2) In the discretion of the court, a ward may be ordered to be
34on probation without supervision of the probation officer. The
35court, in so ordering, may impose on the ward any and all
36reasonable conditions of behavior as may be appropriate under
37this disposition. A minor or nonminor who has been adjudged a
38ward of the court on the basis of the commission of any of the
39offenses described in subdivision (b) or paragraph (2) of
40subdivision (d) of Section 707, Section 459 of the Penal Code, or
P199  1subdivision (a) of Section 11350 of the Health and Safety Code,
2shall not be eligible for probation without supervision of the
3probation officer. A minor or nonminor who has been adjudged a
4ward of the court on the basis of the commission of any offense
5involving the sale or possession for sale of a controlled substance,
6except misdemeanor offenses involving marijuana, as specified in
7Chapter 2 (commencing with Section 11053) of Division 10 of the
8Health and Safety Code, or of an offense in violation of Section
932625 of the Penal Code, shall be eligible for probation without
10supervision of the probation officer only when the court determines
11that the interests of justice would best be served and states reasons
12on the record for that determination.

13(3) In all other cases, the court shall order the care, custody, and
14control of the minor or nonminor to be under the supervision of
15the probation officer.

16(4) It is the responsibility pursuant to 42 U.S.C. Section
17672(a)(2)(B) of the probation agency to determine the appropriate
18placement for the ward once the court issues a placement order.
19In determination of the appropriate placement for the ward, the
20probation officer shall consider any recommendations of the child
21and family. The probation agency may place the minor or nonminor
22in any of the following:

23(A) The approved home of a relative or the approved home of
24a nonrelative, extended family member, as defined in Section
25362.7. If a decision has been made to place the minor in the home
26of a relative, the court may authorize the relative to give legal
27consent for the minor’s medical, surgical, and dental care and
28education as if the relative caregiver were the custodial parent of
29the minor.

30(B) A foster home, the approved home of a resource family as
31defined in Section 16519.5, or a home or facility in accordance
32with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
33et seq.).

34(C) A suitable licensed community care facility, as identified
35by the probation officer, except a runaway and homeless youth
36shelter licensed by the State Department of Social Services
37pursuant to Section 1502.35 of the Health and Safety Code.

38(D) A foster family agency, as defined in subdivision (g) of
39Section 11400 and paragraph (4) of subdivision (a) of Section 1502
P200  1of the Health and Safety Code, in a suitable certified family home
2or with a resource family.

3(E) Commencing January 1, 2017, a minor or nonminor
4dependent may be placed in a short-term residential therapeutic
5program as defined in subdivision (ad) of Section 11400 and
6paragraph (18) of subdivision (a) of Section 1502 of the Health
7and Safety Code. The placing agency shall also comply with
8requirements set forth in paragraph (9) of subdivision (e) of Section
9361.2, which includes, but is not limited to, authorization, limitation
10on length of stay, extensions, and additional requirements related
11to minors. For youth 13 years of age and older, the chief probation
12officer of the county probation department, or his or her designee,
13 shall approve the placement if it is longer than 12 months, and no
14less frequently than every 12 months thereafter.

15(F) (i) Every minor adjudged a ward of the juvenile court shall
16be entitled to participate in age-appropriate extracurricular,
17enrichment, and social activities. A state or local regulation or
18policy shall not prevent, or create barriers to, participation in those
19activities. Each state and local entity shall ensure that private
20agencies that provide foster care services to wards have policies
21consistent with this section and that those agencies promote and
22protect the ability of wards to participate in age-appropriate
23extracurricular, enrichment, and social activities. A group home
24administrator, a facility manager, or his or her responsible designee,
25and a caregiver, as defined in paragraph (1) of subdivision (a) of
26Section 362.04, shall use a reasonable and prudent parent standard,
27as defined in paragraph (2) of subdivision (a) of Section 362.04,
28in determining whether to give permission for a minor residing in
29foster care to participate in extracurricular, enrichment, and social
30activities. A group home administrator, a facility manager, or his
31or her responsible designee, and a caregiver shall take reasonable
32steps to determine the appropriateness of the activity taking into
33consideration the minor’s age, maturity, and developmental level.

34(ii) A group home administrator or a facility manager, or his or
35her responsible designee, is encouraged to consult with social work
36or treatment staff members who are most familiar with the minor
37at the group home in applying and using the reasonable and prudent
38parent standard.

P201  1(G) For nonminors, an approved supervised independent living
2setting as defined in Section 11400, including a residential housing
3unit certified by a licensed transitional housing placement provider.

4(5) The minor or nonminor shall be released from juvenile
5detention upon an order being entered under paragraph (3), unless
6the court determines that a delay in the release from detention is
7reasonable pursuant to Section 737.

8(b) (1) To facilitate coordination and cooperation among
9agencies, the court may, at any time after a petition has been filed,
10after giving notice and an opportunity to be heard, join in the
11juvenile court proceedings any agency that the court determines
12has failed to meet a legal obligation to provide services to a minor,
13for whom a petition has been filed under Section 601 or 602, to a
14nonminor, as described in Section 303, or to a nonminor dependent,
15as defined in subdivision (v) of Section 11400. In any proceeding
16in which an agency is joined, the court shall not impose duties
17upon the agency beyond those mandated by law. The purpose of
18joinder under this section is to ensure the delivery and coordination
19of legally mandated services to the minor. The joinder shall not
20be maintained for any other purpose. Nothing in this section shall
21prohibit agencies that have received notice of the hearing on joinder
22from meeting prior to the hearing to coordinate services.

23(2) The court has no authority to order services unless it has
24been determined through the administrative process of an agency
25that has been joined as a party, that the minor, nonminor, or
26nonminor dependent is eligible for those services. With respect to
27mental health assessment, treatment, and case management services
28pursuant to an individualized education program developed
29pursuant to Article 2 (commencing with Section 56320) of Chapter
304 of Part 30 of Division 4 of Title 2 of the Education Code, the
31court’s determination shall be limited to whether the agency has
32complied with that chapter.

33(3) For the purposes of this subdivision, “agency” means any
34governmental agency or any private service provider or individual
35that receives federal, state, or local governmental funding or
36reimbursement for providing services directly to a child, nonminor,
37or nonminor dependent.

38(c) If a minor has been adjudged a ward of the court on the
39ground that he or she is a person described in Section 601 or 602,
40and the court finds that notice has been given in accordance with
P202  1Section 661, and if the court orders that a parent or guardian shall
2retain custody of that minor either subject to or without the
3supervision of the probation officer, the parent or guardian may
4be required to participate with that minor in a counseling or
5education program, including, but not limited to, parent education
6and parenting programs operated by community colleges, school
7districts, or other appropriate agencies designated by the court.

8(d) The juvenile court may direct any reasonable orders to the
9parents and guardians of the minor who is the subject of any
10proceedings under this chapter as the court deems necessary and
11proper to carry out subdivisions (a), (b), and (c), including orders
12to appear before a county financial evaluation officer, to ensure
13the minor’s regular school attendance, and to make reasonable
14efforts to obtain appropriate educational services necessary to meet
15the needs of the minor.

16If counseling or other treatment services are ordered for the
17minor, the parent, guardian, or foster parent shall be ordered to
18participate in those services, unless participation by the parent,
19guardian, or foster parent is deemed by the court to be inappropriate
20or potentially detrimental to the minor.

21(e) The court may, after receipt of relevant testimony and other
22evidence from the parties, affirm or reject the placement
23determination. If the court rejects the placement determination, .
24the court may instruct the probation department to determine an
25alternative placement for the ward, or the court may modify the
26placement order to an alternative placement recommended by a
27party to the case after the court has received the probation
28department’s assessment of that recommendation and other relevant
29evidence from the parties.

30

begin deleteSEC. 76.end delete
31
begin insertSEC. 78.end insert  

Section 727.1 of the Welfare and Institutions Code
32 is amended to read:

33

727.1.  

(a) When the court orders the care, custody, and control
34of the minor to be under the supervision of the probation officer
35for foster care placement pursuant to subdivision (a) of Section
36727, the decision regarding choice of placement, pursuant to
37Section 706.6, shall be based upon selection of a safe setting that
38is the least restrictive or most family like, and the most appropriate
39setting that meets the individual needs of the minor and is available,
40in proximity to the parent’s home, consistent with the selection of
P203  1the environment best suited to meet the minor’s special needs and
2best interests. The selection shall consider, in order of priority,
3placement with relatives, tribal members, and foster family, group
4care, and residential treatment pursuant to Section 7950 of the
5Family Code.

6(b) Unless otherwise authorized by law, the court may not order
7the placement of a minor who is adjudged a ward of the court on
8the basis that he or she is a person described by either Section 601
9or 602 in a private residential facility or program that provides
1024-hour supervision, outside of the state, unless the court finds, in
11its order of placement, that all of the following conditions are met:

12(1) In-state facilities or programs have been determined to be
13unavailable or inadequate to meet the needs of the minor.

14(2) The State Department of Social Services or its designee has
15performed initial and continuing inspection of the out-of-state
16residential facility or program and has either certified that the
17facility or program meets the greater of all licensure standards
18required of group homes or of short-term residential therapeutic
19programs operated in California, or that the department has granted
20a waiver to a specific licensing standard upon a finding that there
21exists no adverse impact to health and safety, pursuant to
22subdivision (c) of Section 7911.1 of the Family Code.

23(3) The requirements of Section 7911.1 of the Family Code are
24met.

25(c) If, upon inspection, the probation officer of the county in
26which the minor is adjudged a ward of the court determines that
27the out-of-state facility or program is not in compliance with the
28standards required under paragraph (2) of subdivision (b) or has
29an adverse impact on the health and safety of the minor, the
30probation officer may temporarily remove the minor from the
31facility or program. The probation officer shall promptly inform
32the court of the minor’s removal, and shall return the minor to the
33court for a hearing to review the suitability of continued out-of-state
34placement. The probation officer shall, within one business day
35of removing the minor, notify the State Department of Social
36Services’ Compact Administrator, and, within five working days,
37submit a written report of the findings and actions taken.

38(d) The court shall review each of these placements for
39compliance with the requirements of subdivision (b) at least once
40every six months.

P204  1(e) The county shall not be entitled to receive or expend any
2public funds for the placement of a minor in an out-of-state group
3home or short-term residential therapeutic program, unless the
4conditions of subdivisions (b) and (d) are met.

5

begin deleteSEC. 77.end delete
6
begin insertSEC. 79.end insert  

Section 727.4 of the Welfare and Institutions Code
7 is amended to read:

8

727.4.  

(a) (1) Notice of any hearing pursuant to Section 727,
9727.2, or 727.3 shall be mailed by the probation officer to the
10minor, the minor’s parent or guardian, any adult provider of care
11to the minor including, but not limited to, foster parents, relative
12caregivers, preadoptive parents, resource family, community care
13facility, or foster family agency, and to the counsel of record if the
14counsel of record was not present at the time that the hearing was
15set by the court, by first-class mail addressed to the last known
16address of the person to be notified, or shall be personally served
17on those persons, not earlier than 30 days nor later than 15 days
18preceding the date of the hearing. The notice shall contain a
19statement regarding the nature of the status review or permanency
20planning hearing and any change in the custody or status of the
21minor being recommended by the probation department. The notice
22shall also include a statement informing the foster parents, relative
23caregivers, or preadoptive parents that he or she may attend all
24hearings or may submit any information he or she deems relevant
25to the court in writing. The foster parents, relative caregiver, and
26preadoptive parents are entitled to notice and opportunity to be
27heard but need not be made parties to the proceedings. Proof of
28notice shall be filed with the court.

29(2) If the court or probation officer knows or has reason to know
30that the minor is or may be an Indian child, any notice sent under
31this section shall comply with the requirements of Section 224.2.

32(b) At least 10 calendar days prior to each status review and
33permanency planning hearing, after the hearing during which the
34court orders that the care, custody, and control of the minor to be
35under the supervision of the probation officer for placement
36pursuant to subdivision (a) of Section 727, the probation officer
37shall file a social study report with the court, pursuant to the
38requirements listed in Section 706.5.

39(c) The probation department shall inform the minor, the minor’s
40parent or guardian, and all counsel of record that a copy of the
P205  1social study prepared for the hearing will be available 10 days
2prior to the hearing and may be obtained from the probation officer.

3(d) As used in Article 15 (commencing with Section 625) to
4Article 18 (commencing with Section 725), inclusive:

5(1) “Foster care” means residential care provided in any of the
6settings described in Section 11402 or 11402.01.

7(2) “At risk of entering foster care” means that conditions within
8a minor’s family may necessitate his or her entry into foster care
9unless those conditions are resolved.

10(3) “Preadoptive parent” means a licensed foster parent who
11has been approved for adoption by the State Department of Social
12Services when it is acting as an adoption agency or by a licensed
13adoption agency.

14(4) “Date of entry into foster care” means the date that is 60
15days after the date on which the minor was removed from his or
16her home, unless one of the exceptions below applies:

17(A) If the minor is detained pending foster care placement, and
18remains detained for more than 60 days, then the date of entry into
19foster care means the date the court adjudges the minor a ward and
20orders the minor placed in foster care under the supervision of the
21probation officer.

22(B) If, before the minor is placed in foster care, the minor is
23committed to a ranch, camp, school, or other institution pending
24placement, and remains in that facility for more than 60 days, then
25the “date of entry into foster care” is the date the minor is
26physically placed in foster care.

27(C) If at the time the wardship petition was filed, the minor was
28a dependent of the juvenile court and in out-of-home placement,
29then the “date of entry into foster care” is the earlier of the date
30the juvenile court made a finding of abuse or neglect, or 60 days
31after the date on which the child was removed from his or her
32home.

33(5) “Reasonable efforts” means:

34(A) Efforts made to prevent or eliminate the need for removing
35the minor from the minor’s home.

36(B) Efforts to make it possible for the minor to return home,
37including, but not limited to, case management, counseling,
38parenting training, mentoring programs, vocational training,
39educational services, substance abuse treatment, transportation,
40and therapeutic day services.

P206  1(C) Efforts to complete whatever steps are necessary to finalize
2a permanent plan for the minor.

3(D) In child custody proceedings involving an Indian child,
4“reasonable efforts” shall also include “active efforts” as defined
5in Section 361.7.

6(6) “Relative” means an adult who is related to the minor by
7blood, adoption, or affinity within the fifth degree of kinship
8including stepparents, stepsiblings, and all relatives whose status
9is preceded by the words “great,” “great-great,” “grand,” or the
10spouse of any of these persons even if the marriage was terminated
11by death or dissolution. “Relative” shall also include an “extended
12family member” as defined in the Indian Child Welfare Act (25
13U.S.C. Sec. 1903(2)).

14(7) “Hearing” means a noticed proceeding with findings and
15orders that are made on a case-by-case basis, heard by either of
16the following:

17(A) A judicial officer, in a courtroom, recorded by a court
18reporter.

19(B) An administrative panel, provided that the hearing is a status
20review hearing and that the administrative panel meets the
21 following conditions:

22(i) The administrative review shall be open to participation by
23the minor and parents or legal guardians and all those persons
24entitled to notice under subdivision (a).

25(ii) The minor and his or her parents or legal guardians receive
26proper notice as required in subdivision (a).

27(iii) The administrative review panel is composed of persons
28appointed by the presiding judge of the juvenile court, the
29membership of which shall include at least one person who is not
30responsible for the case management of, or delivery of services
31to, the minor or the parents who are the subjects of the review.

32(iv) The findings of the administrative review panel shall be
33submitted to the juvenile court for the court’s approval and shall
34become part of the official court record.

35

begin deleteSEC. 78.end delete
36
begin insertSEC. 80.end insert  

Section 4094.2 of the Welfare and Institutions Code
37 is amended to read:

38

4094.2.  

(a) For the purpose of establishing payment rates for
39community treatment facility programs, the private nonprofit
40agencies selected to operate these programs shall prepare a budget
P207  1that covers the total costs of providing residential care and
2supervision and mental health services for their proposed programs.
3These costs shall include categories that are allowable under
4California’s Foster Care program and existing programs for mental
5health services. They shall not include educational, nonmental
6health medical, and dental costs.

7(b) Each agency operating a community treatment facility
8program shall negotiate a final budget with the local mental health
9department in the county in which its facility is located (the host
10county) and other local agencies, as appropriate. This budget
11agreement shall specify the types and level of care and services to
12be provided by the community treatment facility program and a
13payment rate that fully covers the costs included in the negotiated
14budget. All counties that place children in a community treatment
15facility program shall make payments using the budget agreement
16negotiated by the community treatment facility provider and the
17host county.

18(c) A foster care rate shall be established for each community
19treatment facility program by the State Department of Social
20Services.

21(1) These rates shall be established using the existing foster care
22ratesetting system for group homes, or the rate for a short-term
23residential therapeutic program as defined in subdivision (ad) of
24Section 11400, with modifications designed as necessary. It is
25anticipated that all community treatment facility programs will
26offer the level of care and services required to receive the highest
27foster care rate provided for under the current ratesetting system.

28(2) Except as otherwise provided in paragraph (3), commencing
29January 1, 2017, the program shall have accreditation from a
30nationally recognized accrediting entity identified by the State
31Department of Social Services pursuant to the process described
32in paragraph (4) of subdivision (b) of Section 11462.

33(3) With respect to a program that has been granted an extension
34pursuant to the exception process described in subdivision (d) of
35Section 11462.04, the requirement described in paragraph (2) shall
36apply to that program commencing January 1, 2019.

37(d) For the 2001-02 fiscal year, the 2002-03 fiscal year, the
382003-04 fiscal year, and the 2004-05 fiscal year, community
39treatment facility programs shall also be paid a community
40treatment facility supplemental rate of up to two thousand five
P208  1hundred dollars ($2,500) per child per month on behalf of children
2eligible under the foster care program and children placed out of
3home pursuant to an individualized education program developed
4under Section 7572.5 of the Government Code. Subject to the
5availability of funds, the supplemental rate shall be shared by the
6state and the counties. Counties shall be responsible for paying a
7county share of cost equal to 60 percent of the community
8treatment rate for children placed by counties in community
9 treatment facilities and the state shall be responsible for 40 percent
10of the community treatment facility supplemental rate. The
11community treatment facility supplemental rate is intended to
12supplement, and not to supplant, the payments for which children
13placed in community treatment facilities are eligible to receive
14under the foster care program and the existing programs for mental
15health services.

16(e) For initial ratesetting purposes for community treatment
17facility funding, the cost of mental health services shall be
18determined by deducting the foster care rate and the community
19treatment facility supplemental rate from the total allowable cost
20of the community treatment facility program. Payments to certified
21providers for mental health services shall be based on eligible
22services provided to children who are Medi-Cal beneficiaries, up
23to the approved federal rate for these services.

24(f) The State Department of Health Care Services shall provide
25the community treatment facility supplemental rates to the counties
26for advanced payment to the community treatment facility
27providers in the same manner as the regular foster care payment
28and within the same required payment time limits.

29(g) In order to facilitate the study of the costs of community
30treatment facilities, licensed community treatment facilities shall
31provide all documents regarding facility operations, treatment, and
32placements requested by the department.

33(h) It is the intent of the Legislature that the State Department
34of Health Care Services and the State Department of Social
35 Services work to maximize federal financial participation in
36funding for children placed in community treatment facilities
37through funds available pursuant to Titles IV-E and XIX of the
38federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and
39Sec. 1396 et seq.) and other appropriate federal programs.

P209  1(i) The State Department of Health Care Services and the State
2Department of Social Services may adopt emergency regulations
3necessary to implement joint protocols for the oversight of
4community treatment facilities, to modify existing licensing
5 regulations governing reporting requirements and other procedural
6and administrative mandates to take into account the seriousness
7and frequency of behaviors that are likely to be exhibited by
8seriously emotionally disturbed children placed in community
9treatment facility programs, to modify the existing foster care
10ratesetting regulations, and to pay the community treatment facility
11supplemental rate. The adoption of these regulations shall be
12deemed to be an emergency and necessary for the immediate
13preservation of the public peace, health and safety, and general
14welfare. The regulations shall become effective immediately upon
15filing with the Secretary of State. The regulations shall not remain
16in effect more than 180 days unless the adopting agency complies
17with all the provisions of Chapter 3.5 (commencing with Section
1811340) of Part 1 of Division 3 of Title 2 of the Government Code,
19as required by subdivision (e) of Section 11346.1 of the
20Government Code.

21

begin deleteSEC. 79.end delete
22
begin insertSEC. 81.end insert  

Section 4096 of the Welfare and Institutions Code,
23as added by Section 56 of Chapter 773 of the Statutes of 2015, is
24amended to read:

25

4096.  

(a) (1) Interagency collaboration and children’s program
26services shall be structured in a manner that will facilitate
27implementation of the goals of Part 4 (commencing with Section
285850) of Division 5 to develop protocols outlining the roles and
29responsibilities of placing agencies and short-term residential
30therapeutic programs regarding nonemergency placements of foster
31children in certified short-term residential therapeutic programs
32or foster family agencies.

33(2) Components shall be added to state-county performance
34contracts required in Section 5650 that provide for reports from
35counties on how this section is implemented.

36(3) The State Department of Health Care Services shall develop
37performance contract components required by paragraph (2).

38(4) Performance contracts subject to this section shall document
39that the procedures to be implemented in compliance with this
P210  1section have been approved by the county social services
2department and the county probation department.

3(b) Funds specified in subdivision (a) of Section 17601 for
4services to wards of the court and dependent children of the court
5shall be allocated and distributed to counties based on the number
6of wards of the court and dependent children of the court in the
7county.

8(c) A county may utilize funds allocated pursuant to subdivision
9(b) only if the county has established an operational interagency
10placement committee with a membership that includes at least the
11county placement agency and a licensed mental health professional
12 from the county department of mental health. If necessary, the
13funds may be used for costs associated with establishing the
14interagency placement committee.

15(d) Funds allocated pursuant to subdivision (b) shall be used to
16provide services to wards of the court and dependent children of
17the court jointly identified by county mental health, social services,
18and probation departments as the highest priority. Every effort
19shall be made to match those funds with funds received pursuant
20to Title XIX of the federal Social Security Act, contained in
21Subchapter 19 (commencing with Section 1396) of Chapter 7 of
22Title 42 of the United States Code.

23(e) (1) Each interagency placement committee shall establish
24procedures whereby a ward of the court or dependent child of the
25court, or a voluntarily placed child whose placement is funded by
26the Aid to Families with Dependent Children-Foster Care Program,
27who is to be placed or is currently placed in a short-term residential
28therapeutic program, as specified in Section 11462.01, or a group
29home granted an extension pursuant to Section 11462.04, shall be
30assessed to determine whether the child meets one of the following:

31(A) He or she meets the medical necessity criteria for Medi-Cal
32specialty mental health services, as the criteria are described in
33Section 1830.205 or 1830.210 of Title 9 of the California Code of
34Regulations.

35(B) He or she is assessed as seriously emotionally disturbed, as
36described in subdivision (a) of Section 5600.3.

37(C) His or her individual behavioral or treatment needs can only
38be met by the level of care provided in a short-term residential
39therapeutic program.

P211  1(2) The assessment required by paragraph (1) shall also indicate
2that the child is in need of the care and services provided by a
3short-term residential therapeutic program and ensure that the
4requirements of subdivision (c) of Section 16514 have been met
5with respect to commonality of need. The assessment shall include
6a determination that placement of the child in the short-term
7residential therapeutic program will not pose a threat to the health
8or safety of, or interfere with the effectiveness of the mental health
9services provided to, that child or the other children residing there.

10(3) Nothing in this subdivision shall prohibit an interagency
11placement committee from considering an assessment that was
12provided by a licensed mental health professional, as described in
13subdivision (g), and that was developed consistent with procedures
14established by the county pursuant to paragraph (1).

15(4) The State Department of Health Care Services and the State
16Department of Social Services shall develop a dispute resolution
17process or utilize an existing dispute resolution process currently
18operated by each department to jointly review a disputed
19interagency placement committee assessment or determination
20made pursuant to this subdivision. The departments shall report
21the developed or utilized dispute resolution process to the
22appropriate policy and fiscal committees of the Legislature no later
23than January 1, 2017, and shall track the number of disputes
24reported and resolved, and provide that information to the
25Legislature annually as part of the State Budget process.
26Notwithstanding the rulemaking provisions of the Administrative
27Procedure Act (Chapter 3.5 (commencing with Section 11340) of
28Part 1 of Division 3 of Title 2 of the Government Code), the
29departments may issue guidance on the joint review process for
30dispute resolution by written directive.

31(f) The interagency placement committee shall document the
32results of the assessment required by subdivision (e) and shall
33notify the appropriate provider in writing, of those results within
3410 days of the completion of the assessment.

35(g) If the child’s or youth’s placement is not funded by the Aid
36to Families with Dependent Children-Foster Care Program, a
37licensed mental health professional, or an otherwise recognized
38provider of mental health services, shall certify that the child has
39been assessed as meeting the medical necessity criteria for
40Medi-Cal specialty mental health Early and Periodic Screening,
P212  1Diagnosis, and Treatment services, as the criteria are described in
2Section 1830.210 of Title 9 of the California Code of Regulations,
3or assessed as seriously emotionally disturbed, as described in
4subdivision (a) of Section 5600.3. A “licensed mental health
5professional” includes a physician licensed under Section 2050 of
6the Business and Professions Code, a licensed psychologist within
7the meaning of subdivision (a) of Section 2902 of the Business
8and Professions Code, a licensed clinical social worker within the
9meaning of subdivision (a) of Section 4996 of the Business and
10Professions Code, a licensed marriage and family therapist within
11 the meaning of subdivision (b) of Section 4980 of the Business
12and Professions Code, or a licensed professional clinical counselor
13within the meaning of subdivision (e) of Section 4999.12.

14

begin deleteSEC. 80.end delete
15
begin insertSEC. 82.end insert  

Section 4096.5 of the Welfare and Institutions Code,
16as added by Section 59 of Chapter 773 of the Statutes of 2015, is
17amended to read:

18

4096.5.  

(a) This section governs standards for the mental health
19program approval for short-term residential therapeutic programs,
20which is required under subdivision (c) of Section 1562.01 of the
21Health and Safety Code.

22(b) All short-term residential therapeutic programs that serve
23children who have either been assessed as meeting the medical
24necessity criteria for Medi-Cal specialty mental health services,
25as provided for in Section 1830.205 or 1830.210 of Title 9 of the
26California Code of Regulations, or who have been assessed as
27seriously emotionally disturbed, as defined in subdivision (a) of
28Section 5600.3, shall obtain and have in good standing a mental
29health program approval that includes a Medi-Cal mental health
30certification, as described in Section 11462.01, issued by the State
31Department of Health Care Services or a county mental health
32plan to which the department has delegated approval authority.
33This approval is a condition for receiving an Aid to Families with
34Dependent Children-Foster Care rate pursuant to Section 11462.01.

35(c) (1) A short-term residential therapeutic program shall not
36directly provide specialty mental health services without a current
37mental health program approval. A licensed short-term residential
38therapeutic program that has not obtained a program approval shall
39provide children in its care access to appropriate mental health
40services.

P213  1(2) County mental health plans shall ensure that Medi-Cal
2specialty mental health services, including, but not limited to,
3services under the Early and Periodic Screening, Diagnosis and
4Treatment benefit, are provided to all Medi-Cal beneficiaries served
5by short-term residential therapeutic programs who meet medical
6necessity criteria, as provided for in Section 1830.205 or 1830.210
7of Title 9 of the California Code of Regulations.

8(d) (1) The State Department of Health Care Services or a
9county mental health plan to which the department has delegated
10mental health program approval authority shall approve or deny
11mental health program approval requests within 45 days of
12receiving a request. The State Department of Health Care Services
13or a county mental health plan to which the department has
14delegated mental health program approval authority shall issue
15each mental health program approval for a period of one year,
16except for approvals granted pursuant to paragraph (2) and
17provisional approvals granted pursuant to regulations promulgated
18under subdivision (e), and shall specify the effective date of the
19approval. Approved entities shall meet all program standards to
20be reapproved.

21(2) (A) Between January 1, 2017, and December 31, 2017, the
22State Department of Health Care Services, or a county mental
23health plan to which the department has delegated mental health
24program approval authority, shall approve or deny a mental health
25program approval request within 90 days of receipt.

26(B) Between January 1, 2017, and December 31, 2017, the State
27Department of Health Care Services, or a county mental health
28plan to which the department has delegated mental health program
29approval authority, may issue a mental health program approval
30for a period of less than one year.

31(e) (1) The State Department of Health Care Services and the
32county mental health plans to which the department has delegated
33mental health program approval authority may enforce the mental
34health program approval standards by taking any of the following
35actions against a noncompliant short-term residential therapeutic
36program:

37(A) Suspend or revoke a mental health program approval.

38(B) Impose monetary penalties.

39(C) Place a mental health program on probation.

P214  1(D) Require a mental health program to prepare and comply
2with a corrective action plan.

3(2) The State Department of Health Care Services and the county
4mental health plans to which the department has delegated mental
5health program approval authority shall provide short-term
6residential therapeutic programs with due process protections when
7taking any of the actions described in paragraph (1).

8(f) The State Department of Health Care Services, in
9consultation with the State Department of Social Services, shall
10promulgate regulations regarding program standards, oversight,
11enforcement, issuance of mental health program approvals,
12including provisional approvals that are effective for a period of
13less than one year, and due process protections related to the mental
14health program approval process for short-term residential
15therapeutic programs.

16(g) (1) Except for mental health program approval of short-term
17residential therapeutic programs operated by a county, the State
18Department of Health Care Services may, upon the request of a
19county, delegate to that county mental health plan the mental health
20program approval of short-term residential therapeutic programs
21within its borders.

22(2) Any county to which mental health program approval is
23delegated pursuant to paragraph (1) shall be responsible for the
24oversight and enforcement of program standards and the provision
25of due process for approved and denied entities.

26(h) The State Department of Health Care Services or a county
27mental health plan to which the department has delegated mental
28health program approval authority shall notify the State Department
29of Social Services immediately upon the termination of any mental
30health program approval issued in accordance with subdivisions
31(b) and (d).

32(i) The State Department of Social Services shall notify the
33State Department of Health Care Services and, if applicable, a
34county to which the department has delegated mental health
35program approval authority, immediately upon the revocation of
36any license issued pursuant to Chapter 3 (commencing with Section
371500) of Division 2 of the Health and Safety Code.

38(j) Revocation of a license or a mental health program approval
39shall be a basis for rate termination.

P215  1begin insert

begin insertSEC. 83.end insert  

end insert

begin insertSection 11253.45 of the end insertbegin insertWelfare and Institutions Codeend insert
2
begin insert is amended to read:end insert

3

11253.45.  

(a) (1) A child to whom Section 309, 361.45, or
416519.5 applies, and who is placed in the home ofbegin delete a relative who
5has been approved as a resource family pursuant to Section
616519.5,end delete
begin insert an approved relative,end insert shall receive a grant that equals
7the resource family basic rate at the child’s assessed level of care,
8as set forth in subdivision (g) of Section 11461 and Section 11463.
9If the child is determined eligible for aid, the total grant shall be
10comprised of the CalWORKs grant plus an amount that, when
11combined with the CalWORKs grant, equals the resource family
12basic rate at the child’s assessed level of care.

13(2) The non-CalWORKs portion of the grant provided in
14paragraph (1) shall be paid from funds separate from funds
15appropriated in the annual Budget Act and counties’ share of costs
16for the CalWORKs program.

17(3) A child specified in paragraph (1) is not subject to the
18provisions of this chapter relating to CalWORKs, including, but
19not limited to, the provisions that relate to CalWORKs eligibility,
20welfare to work, child support enforcement, time limits, or grant
21computation.

22(4) All of the following shall apply to a child specified in
23paragraph (1):

24(A) He or she shall receive the applicable regional CalWORKs
25grant for a recipient in an assistance unit of one, pursuant to the
26exempt maximum aid payment set forth in Section 11450, and any
27changes to the CalWORKs grant amount shall apply to the grant
28described in this subparagraph.

29(B) Notwithstanding any other law, the CalWORKs grant for
30the child shall be paid by the county with payment responsibility
31in accordance with paragraph (1) regardless of the county of
32residence of the child.

33(C) For an assistance unit described in subparagraph (A),
34eligibility shall be determined in accordance with paragraph (3)
35of subdivision (a) of Section 672 of Title 42 of the United States
36Code and state law implementing those requirements for the
37purposes of Article 5 (commencing with Section 11400).

38(b) (1) Except as provided in paragraph (2), a person applying
39for aid on behalf of a child described in paragraph (1) of
40subdivision (a), shall be exempt from Chapter 4.6 (commencing
P216  1with Section 10830) of Part 2 governing the statewide fingerprint
2imaging system.

3(2) A relative who is also an applicant for or a recipient of
4benefits under this chapter shall comply with the statewide
5fingerprint imaging system requirements.

6(c) Notwithstanding Sections 11004 and 11004.1 or any other
7law, overpayments to an assistance unit described in subparagraph
8(A) of paragraph (4) of subdivision (a) shall be collected using the
9standards and processes for overpayment recoupment as specified
10in Section 11466.24, and recouped overpayments shall not be
11subject to remittance to the federal government.

12(d) If a relative with whom a child eligible in accordance with
13this section is placed is also an applicant for, or a recipient of,
14benefits under this chapter, all of the following shall apply:

15(1) The applicant or recipient and each eligible child, excluding
16any child eligible in accordance with this section, shall receive aid
17in an assistance unit separate from the assistance unit described in
18subparagraph (A) of paragraph (4) of subdivision (a), and the
19CalWORKs grant of the assistance unit shall be paid by the county
20of residence of the assistance unit.

21(2) For purposes of calculating the grant of the assistance unit,
22the number of eligible needy persons on which the grant is based
23pursuant to paragraph (1) of subdivision (a) of Section 11450 shall
24not include any child eligible in accordance with this section.

25(3) For purposes of calculating minimum basic standards of
26adequate care for the assistance unit, any child eligible in
27accordance with this section shall be included as an eligible needy
28person in the same family pursuant to paragraph (2) of subdivision
29 (a) of Section 11452.

30(e) This section shall apply only to a child under the jurisdiction
31of a county that has not opted into the Approved Relative Caregiver
32Funding Option pursuant to Section 11461.3.

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

34

begin deleteSEC. 81.end delete
35
begin insertSEC. 84.end insert  

Section 11400 of the Welfare and Institutions Code
36 is amended to read:

37

11400.  

For purposes of this article, the following definitions
38shall apply:

P217  1(a) “Aid to Families with Dependent Children-Foster Care
2(AFDC-FC)” means the aid provided on behalf of needy children
3in foster care under the terms of this division.

4(b) “Case plan” means a written document that, at a minimum,
5specifies the type of home in which the child shall be placed, the
6safety of that home, and the appropriateness of that home to meet
7the child’s needs. It shall also include the agency’s plan for
8ensuring that the child receive proper care and protection in a safe
9environment, and shall set forth the appropriate services to be
10provided to the child, the child’s family, and the foster parents, in
11order to meet the child’s needs while in foster care, and to reunify
12the child with the child’s family. In addition, the plan shall specify
13the services that will be provided or steps that will be taken to
14facilitate an alternate permanent plan if reunification is not possible.

15(c) “Certified family home” means an individual or family
16certified by a licensed foster family agency and issued a certificate
17of approval by that agency as meeting licensing standards, and
18used exclusively by that foster family agency for placements.

19(d) “Family home” means the family residence of a licensee in
20which 24-hour care and supervision are provided for children.

21(e) “Small family home” means any residential facility, in the
22licensee’s family residence, which provides 24-hour care for six
23or fewer foster children who have mental disorders or
24developmental or physical disabilities and who require special care
25and supervision as a result of their disabilities.

26(f) “Foster care” means the 24-hour out-of-home care provided
27to children whose own families are unable or unwilling to care for
28them, and who are in need of temporary or long-term substitute
29parenting.

30(g) “Foster family agency” means a licensed community care
31facility, as defined in paragraph (4) of subdivision (a) of Section
321502 of the Health and Safety Code. Private foster family agencies
33shall be organized and operated on a nonprofit basis.

34(h) “Group home” means a nondetention privately operated
35residential home, organized and operated on a nonprofit basis only,
36of any capacity, or a nondetention licensed residential care home
37operated by the County of San Mateo with a capacity of up to 25
38beds, that accepts children in need of care and supervision in a
39group home, as defined by paragraph (13) of subdivision (a) of
40Section 1502 of the Health and Safety Code.

P218  1(i) “Periodic review” means review of a child’s status by the
2juvenile court or by an administrative review panel, that shall
3include a consideration of the safety of the child, a determination
4of the continuing need for placement in foster care, evaluation of
5the goals for the placement and the progress toward meeting these
6goals, and development of a target date for the child’s return home
7or establishment of alternative permanent placement.

8(j) “Permanency planning hearing” means a hearing conducted
9by the juvenile court in which the child’s future status, including
10whether the child shall be returned home or another permanent
11plan shall be developed, is determined.

12(k) “Placement and care” refers to the responsibility for the
13welfare of a child vested in an agency or organization by virtue of
14the agency or organization having (1) been delegated care, custody,
15and control of a child by the juvenile court, (2) taken responsibility,
16pursuant to a relinquishment or termination of parental rights on
17a child, (3) taken the responsibility of supervising a child detained
18by the juvenile court pursuant to Section 319 or 636, or (4) signed
19a voluntary placement agreement for the child’s placement; or to
20the responsibility designated to an individual by virtue of his or
21her being appointed the child’s legal guardian.

22(l) “Preplacement preventive services” means services that are
23designed to help children remain with their families by preventing
24or eliminating the need for removal.

25(m) “Relative” means an adult who is related to the child by
26blood, adoption, or affinity within the fifth degree of kinship,
27including stepparents, stepsiblings, and all relatives whose status
28is preceded by the words “great,” “great-great,” or “grand” or the
29spouse of any of these persons even if the marriage was terminated
30by death or dissolution.

31(n) “Nonrelative extended family member” means an adult
32caregiver who has an established familial or mentoring relationship
33with the child, as described in Section 362.7.

34(o) “Voluntary placement” means an out-of-home placement
35of a child by (1) the county welfare department, probation
36department, or Indian tribe that has entered into an agreement
37pursuant to Section 10553.1, after the parents or guardians have
38requested the assistance of the county welfare department and have
39signed a voluntary placement agreement; or (2) the county welfare
40department licensed public or private adoption agency, or the
P219  1department acting as an adoption agency, after the parents have
2requested the assistance of either the county welfare department,
3the licensed public or private adoption agency, or the department
4acting as an adoption agency for the purpose of adoption planning,
5and have signed a voluntary placement agreement.

6(p) “Voluntary placement agreement” means a written agreement
7between either the county welfare department, probation
8department, or Indian tribe that has entered into an agreement
9pursuant to Section 10553.1, licensed public or private adoption
10agency, or the department acting as an adoption agency, and the
11parents or guardians of a child that specifies, at a minimum, the
12following:

13(1) The legal status of the child.

14(2) The rights and obligations of the parents or guardians, the
15child, and the agency in which the child is placed.

16(q) “Original placement date” means the most recent date on
17which the court detained a child and ordered an agency to be
18responsible for supervising the child or the date on which an agency
19assumed responsibility for a child due to termination of parental
20rights, relinquishment, or voluntary placement.

21(r) (1) “Transitional housing placement provider” means an
22organization licensed by the State Department of Social Services
23pursuant to Section 1559.110 of the Health and Safety Code, to
24provide transitional housing to foster children at least 16 years of
25age and not more than 18 years of age, and nonminor dependents,
26as defined in subdivision (v). A transitional housing placement
27provider shall be privately operated and organized on a nonprofit
28basis.

29(2) Prior to licensure, a provider shall obtain certification from
30the applicable county, in accordance with Section 16522.1.

31(s) “Transitional Housing Program-Plus” means a provider
32certified by the applicable county, in accordance with subdivision
33(c) of Section 16522, to provide transitional housing services to
34former foster youth who have exited the foster care system on or
35after their 18th birthday.

36(t) “Whole family foster home” means a new or existing family
37home, approved relative caregiver or nonrelative extended family
38member’s home, the home of a nonrelated legal guardian whose
39guardianship was established pursuant to Section 360 or 366.26,
40certified family home, or a host family home placement of a
P220  1transitional housing placement provider, that provides foster care
2for a minor or nonminor dependent parent and his or her child,
3and is specifically recruited and trained to assist the minor or
4nonminor dependent parent in developing the skills necessary to
5provide a safe, stable, and permanent home for his or her child.
6The child of the minor or nonminor dependent parent need not be
7the subject of a petition filed pursuant to Section 300 to qualify
8for placement in a whole family foster home.

9(u) “Mutual agreement” means any of the following:

10(1) A written voluntary agreement of consent for continued
11placement and care in a supervised setting between a minor or, on
12and after January 1, 2012, a nonminor dependent, and the county
13welfare services or probation department or tribal agency
14responsible for the foster care placement, that documents the
15nonminor’s continued willingness to remain in supervised
16out-of-home placement under the placement and care of the
17responsible county, tribe, consortium of tribes, or tribal
18organization that has entered into an agreement with the state
19pursuant to Section 10553.1, remain under the jurisdiction of the
20juvenile court as a nonminor dependent, and report any change of
21circumstances relevant to continued eligibility for foster care
22payments, and that documents the nonminor’s and social worker’s
23or probation officer’s agreement to work together to facilitate
24implementation of the mutually developed supervised placement
25agreement and transitional independent living case plan.

26(2) An agreement, as described in paragraph (1), between a
27nonminor former dependent or ward in receipt of Kin-GAP
28payments under Article 4.5 (commencing with Section 11360) or
29Article 4.7 (commencing with Section 11385), and the agency
30responsible for the Kin-GAP benefits, provided that the nonminor
31former dependent or ward satisfies the conditions described in
32Section 11403.01, or one or more of the conditions described in
33paragraphs (1) to (5), inclusive, of subdivision (b) of Section
3411403. For purposes of this paragraph and paragraph (3),
35“nonminor former dependent or ward” has the same meaning as
36described in subdivision (aa).

37(3) An agreement, as described in paragraph (1), between a
38nonminor former dependent or ward in receipt of AFDC-FC
39payments under subdivision (e) or (f) of Section 11405 and the
40agency responsible for the AFDC-FC benefits, provided that the
P221  1nonminor former dependent or ward described in subdivision (e)
2of Section 11405 satisfies one or more of the conditions described
3in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
411403, and the nonminor described in subdivision (f) of Section
511405 satisfies the secondary school or equivalent training or
6certificate program conditions described in that subdivision.

7(v) “Nonminor dependent” means, on and after January 1, 2012,
8a foster child, as described in Section 675(8)(B) of Title 42 of the
9United States Code under the federal Social Security Act who is
10a current dependent child or ward of the juvenile court, or who is
11a nonminor under the transition jurisdiction of the juvenile court,
12as described in Section 450, and who satisfies all of the following
13criteria:

14(1) He or she has attained 18 years of age while under an order
15of foster care placement by the juvenile court, and is not more than
1619 years of age on or after January 1, 2012, not more than 20 years
17of age on or after January 1, 2013, or not more than 21 years of
18age on or after January 1, 2014, and as described in Section
1910103.5.

20(2) He or she is in foster care under the placement and care
21responsibility of the county welfare department, county probation
22department, Indian tribe, consortium of tribes, or tribal organization
23that entered into an agreement pursuant to Section 10553.1.

24(3) He or she has a transitional independent living case plan
25pursuant to Section 475(8) of the federal Social Security Act (42
26U.S.C. Sec. 675(8)), as contained in the federal Fostering
27Connections to Success and Increasing Adoptions Act of 2008
28(Public Law 110-351), as described in Section 11403.

29(w) “Supervised independent living placement” means, on and
30after January 1, 2012, an independent supervised setting, as
31specified in a nonminor dependent’s transitional independent living
32case plan, in which the youth is living independently, pursuant to
33Section 472(c)(2) of the federal Social Security Act (42 U.S.C.
34Sec. 672(c)(2)).

35(x) “Supervised independent living setting,” pursuant to Section
36472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
37672(c)(2)), includes both a supervised independent living
38placement, as defined in subdivision (w), and a residential housing
39unit certified by the transitional housing placement provider
40operating a Transitional Housing Placement-Plus Foster Care
P222  1program, as described in paragraph (2) of subdivision (a) of Section
216522.1.

3(y) “Transitional independent living case plan” means, on or
4after January 1, 2012, a child’s case plan submitted for the last
5review hearing held before he or she reaches 18 years of age or
6the nonminor dependent’s case plan, updated every six months,
7that describes the goals and objectives of how the nonminor will
8make progress in the transition to living independently and assume
9incremental responsibility for adult decisionmaking, the
10collaborative efforts between the nonminor and the social worker,
11probation officer, or Indian tribal placing entity and the supportive
12services as described in the transitional independent living plan
13(TILP) to ensure active and meaningful participation in one or
14more of the eligibility criteria described in paragraphs (1) to (5),
15inclusive, of subdivision (b) of Section 11403, the nonminor’s
16appropriate supervised placement setting, and the nonminor’s
17permanent plan for transition to living independently, which
18includes maintaining or obtaining permanent connections to caring
19and committed adults, as set forth in paragraph (16) of subdivision
20(f) of Section 16501.1.

21(z) “Voluntary reentry agreement” means a written voluntary
22agreement between a former dependent child or ward or a former
23nonminor dependent, who has had juvenile court jurisdiction
24terminated pursuant to Section 391, 452, or 607.2, and the county
25welfare or probation department or tribal placing entity that
26documents the nonminor’s desire and willingness to reenter foster
27care, to be placed in a supervised setting under the placement and
28care responsibility of the placing agency, the nonminor’s desire,
29 willingness, and ability to immediately participate in one or more
30of the conditions of paragraphs (1) to (5), inclusive, of subdivision
31(b) of Section 11403, the nonminor’s agreement to work
32collaboratively with the placing agency to develop his or her
33transitional independent living case plan within 60 days of reentry,
34the nonminor’s agreement to report any changes of circumstances
35relevant to continued eligibility for foster care payments, and (1)
36the nonminor’s agreement to participate in the filing of a petition
37for juvenile court jurisdiction as a nonminor dependent pursuant
38to subdivision (e) of Section 388 within 15 judicial days of the
39signing of the agreement and the placing agency’s efforts and
40supportive services to assist the nonminor in the reentry process,
P223  1or (2) if the nonminor meets the definition of a nonminor former
2dependent or ward, as described in subdivision (aa), the nonminor’s
3agreement to return to the care and support of his or her former
4juvenile court-appointed guardian and meet the eligibility criteria
5for AFDC-FC pursuant to subdivision (e) of Section 11405.

6(aa) “Nonminor former dependent or ward” means, on and after
7January 1, 2012, either of the following:

8(1) A nonminor who reached 18 years of age while subject to
9an order for foster care placement, and for whom dependency,
10delinquency, or transition jurisdiction has been terminated, and
11who is still under the general jurisdiction of the court.

12(2) A nonminor who is over 18 years of age and, while a minor,
13was a dependent child or ward of the juvenile court when the
14guardianship was established pursuant to Section 360 or 366.26,
15or subdivision (d), of Section 728 and the juvenile court
16dependency or wardship was dismissed following the establishment
17of the guardianship.

18(ab) “Runaway and homeless youth shelter” means a type of
19group home, as defined in paragraph (14) of subdivision (a) of
20Section 1502 of the Health and Safety Code, that is not an eligible
21placement option under Sections 319, 361.2, 450, and 727, and
22that is not eligible for AFDC-FC funding pursuant to subdivision
23(c) of Section 11402 or Section 11462.

24(ac) “Transition dependent” is a minor between 17 years and
25five months and 18 years of age who is subject to the court’s
26transition jurisdiction under Section 450.

27(ad) “Short-term residential therapeutic program” means a
28nondetention, licensed community care facility, as defined in
29paragraph (18) of subdivision (a) of Section 1502 of the Health
30and Safety Code, that provides an integrated program of specialized
31and intensive care and supervision, services and supports, and
32treatment for the child or youth, when the child’s or youth’s case
33plan specifies the need for, nature of, and anticipated duration of
34this specialized treatment. Short-term residential therapeutic
35programs shall be organized and operated on a nonprofit basis.

36(ae) “Resource family” means an approved caregiver, as defined
37in subdivision (c) of Section 16519.5.

38(af) “Core Services” mean services, made available to children,
39youth, and nonminor dependents either directly or secured through
P224  1formal agreement with other agencies, which are trauma informed
2and culturally relevant as specified in Sections 11462 and 11463.

3

begin deleteSEC. 82.end delete
4
begin insertSEC. 85.end insert  

Section 11402 of the Welfare and Institutions Code,
5as amended by Section 14 of Chapter 25 of the Statutes of 2016,
6is amended to read:

7

11402.  

In order to be eligible for AFDC-FC, a child or
8nonminor dependent shall be placed in one of the following:

9(a) Prior to January 1, 2020:

10(1) The approved home of a relative, provided the child or youth
11is otherwise eligible for federal financial participation in the
12AFDC-FC payment.

13(2) The approved home of a nonrelative extended family
14member, as described in Section 362.7.

15(3) The licensed family home of a nonrelative.

16(b) The approved home of a resource family, as defined in
17Section 16519.5, if either of the following is true:

18(1) The caregiver is a nonrelative.

19(2) The caregiver is a relative, and the child or youth is otherwise
20eligible for federal financial participation in the AFDC-FC
21payment.

22(c) A small family home, as defined in paragraph (6) of
23subdivision (a) of Section 1502 of the Health and Safety Code.

24(d) A housing model certified by a licensed transitional housing
25placement provider, as described in Section 1559.110 of the Health
26and Safety Code, and as defined in subdivision (r) of Section
2711400.

28(e) An approved supervised independent living setting for
29nonminor dependents, as defined in subdivision (w) of Section
3011400.

31(f) A licensed foster family agency, as defined in subdivision
32(g) of Section 11400 and paragraph (4) of subdivision (a) of Section
331502 of the Health and Safety Code, for placement into a certified
34or approved home used exclusively by the foster family agency.

35(g) A short-term residential therapeutic program licensed as a
36community care facility, as defined in subdivision (ad) of Section
3711400 and paragraph (18) of subdivision (a) of Section 1502 of
38the Health and Safety Code.

39(h) An out-of-state group home that meets the requirements of
40paragraph (2) of subdivision (c) of Section 11460, provided that
P225  1the placement worker, in addition to complying with all other
2statutory requirements for placing a child or youth in an out-of-state
3group home, documents that the requirements of Section 7911.1
4of the Family Code have been met.

5(i) A community treatment facility set forth in Article 5
6(commencing with Section 4094) of Chapter 3 of Part 1 of Division
74.

8(j) A community care facility licensed pursuant to Chapter 3
9(commencing with Section 1500) of Division 2 of the Health and
10Safety Code and vendored by a regional center pursuant to Section
1156004 of Title 17 of the California Code of Regulations.

12(k) The home of a nonrelated legal guardian or the home of a
13former nonrelated legal guardian when the guardianship of a child
14or youth who is otherwise eligible for AFDC-FC has been
15dismissed due to the child or youth attaining 18 years of age.

16

begin deleteSEC. 83.end delete
17
begin insertSEC. 86.end insert  

Section 11402.01 of the Welfare and Institutions
18Code
is repealed.

19

begin deleteSEC. 84.end delete
20
begin insertSEC. 87.end insert  

Section 11402.01 is added to the Welfare and
21Institutions Code
, to read:

22

11402.01.  

(a) In addition to the placements described in
23Section 11402, a child or nonminor dependent may be eligible for
24AFDC-FC while placed in a group home with an extension
25pursuant to the exception process described in subdivision (d) of
26Section 11462.04.

27(b) This section shall remain in effect only until January 1, 2019,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2019, deletes or extends that date.

30

begin deleteSEC. 85.end delete
31
begin insertSEC. 88.end insert  

Section 11460 of the Welfare and Institutions Code
32 is amended to read:

33

11460.  

(a) (1) Foster care providers shall be paid a per child
34per month rate in return for the care and supervision of the
35AFDC-FC child placed with them. The department is designated
36the single organizational unit whose duty it shall be to administer
37a state system for establishing rates in the AFDC-FC program.
38State functions shall be performed by the department or by
39delegation of the department to county welfare departments or
P226  1Indian tribes, consortia of tribes, or tribal organizations that have
2entered into an agreement pursuant to Section 10553.1.

3(2) (A) Foster care providers that care for a child in a
4home-based setting described in paragraph (1) of subdivision (g)
5of Section 11461, or in a certified home or an approved resource
6family of a foster family agency, shall be paid the per child per
7month rate as set forth in subdivision (g) of Section 11461.

8(B) The basic rate paid to either a certified family home or an
9approved resource family of a foster family agency shall be paid
10by the agency to the certified family home or approved resource
11family from the rate that is paid to the agency pursuant to Section
1211463.

13(b) “Care and supervision” includes food, clothing, shelter, daily
14supervision, school supplies, a child’s personal incidentals, liability
15insurance with respect to a child, reasonable travel to the child’s
16home for visitation, and reasonable travel for the child to remain
17in the school in which he or she is enrolled at the time of
18placement. Reimbursement for the costs of educational travel, as
19provided for in this subdivision, shall be made pursuant to
20procedures determined by the department, in consultation with
21representatives of county welfare and probation directors, and
22additional stakeholders, as appropriate.

23(1) For a child or youth placed in a short-term residential
24therapeutic program or a group home, care and supervision shall
25also include reasonable administration and operational activities
26necessary to provide the items listed in this subdivision.

27(2) For a child or youth placed in a short-term residential
28therapeutic program or a group home, care and supervision may
29also include reasonable activities performed by social workers
30employed by the program provider that are not otherwise
31considered daily supervision or administration activities.

32(3) The department, in consultation with the California State
33Foster Parent Association, and other interested stakeholders, shall
34provide information to the Legislature, no later than January 1,
352017, regarding the availability and cost for liability and property
36insurance covering acts committed by children in care, and shall
37make recommendations for any needed program development in
38this area.

39(c) It is the intent of the Legislature to establish the maximum
40level of financial participation in out-of-state foster care group
P227  1home program rates for placements in facilities described in
2subdivision (h) of Section 11402.

3(1) The department shall develop regulations that establish the
4method for determining the level of financial participation in the
5rate paid for out-of-state placements in facilities described in
6 subdivision (h) of Section 11402. The department shall consider
7all of the following methods:

8(A) Until December 31, 2016, a standardized system based on
9the rate classification level of care and services per child per month.

10(B) The rate developed for a short-term residential therapeutic
11program pursuant to Section 11462.

12(C) A system that considers the actual allowable and reasonable
13costs of care and supervision incurred by the out-of-state program.

14(D) A system that considers the rate established by the host
15state.

16(E) Any other appropriate methods as determined by the
17department.

18(2) Reimbursement for the Aid to Families with Dependent
19Children-Foster Care rate to be paid to an out-of-state program
20described in subdivision (h) of Section 11402 shall only be paid
21to programs that have done all of the following:

22(A) Submitted a rate application to the department, which shall
23include, but not be limited to, both of the following:

24(i) Commencing January 1, 2017, unless granted an extension
25from the department pursuant to subdivision (d) of Section
2611462.04, the equivalent of the mental health program approval
27required in Section 4096.5.

28(ii) Commencing January 1, 2017, unless granted an extension
29from the department pursuant to subdivision (d) of Section
3011462.04, the national accreditation required in paragraph (6) of
31subdivision (b) of Section 11462.

32(B) Maintained a level of financial participation that shall not
33exceed any of the following:

34(i) The current fiscal year’s standard rate for rate classification
35level 14 for a group home.

36(ii) Commencing January 1, 2017, the current fiscal year’s rate
37for a short-term residential therapeutic program.

38(iii) The rate determined by the ratesetting authority of the state
39in which the facility is located.

P228  1(C) Agreed to comply with information requests, and program
2and fiscal audits as determined necessary by the department.

3(3) Except as specifically provided for in statute, reimbursement
4for an AFDC-FC rate shall only be paid to a group home or
5short-term residential therapeutic program organized and operated
6on a nonprofit basis.

7(d) A foster care provider that accepts payments, following the
8effective date of this section, based on a rate established under this
9section, shall not receive rate increases or retroactive payments as
10the result of litigation challenging rates established prior to the
11effective date of this section. This shall apply regardless of whether
12a provider is a party to the litigation or a member of a class covered
13by the litigation.

14(e) Nothing shall preclude a county from using a portion of its
15county funds to increase rates paid to family homes, foster family
16agencies, group homes, and short-term residential therapeutic
17programs within that county, and to make payments for specialized
18care increments, clothing allowances, or infant supplements to
19homes within that county, solely at that county’s expense.

20(f) Nothing shall preclude a county from providing a
21supplemental rate to serve commercially sexually exploited foster
22children to provide for the additional care and supervision needs
23of these children. To the extent that federal financial participation
24is available, it is the intent of the Legislature that the federal
25funding shall be utilized.

26

begin deleteSEC. 86.end delete
27
begin insertSEC. 89.end insert  

Section 11461 of the Welfare and Institutions Code
28 is amended to read:

29

11461.  

(a)For children or, on and after January 1, 2012,
30
nonminor dependents placed in a licensed or approved family
31
home with a capacity of six or less, or in an approved home of a
32
relative or nonrelated legal guardian, or the approved home of a
33
nonrelative extended family member as described in Section 362.7,
34
or, on and after January 1, 2012, a supervised independent living
35
placement, as defined in subdivision (w) of Section 11400, the per
36
child per month basic rates in the following schedule shall be in
37
effect for the period July 1, 1989, through December 31, 1989:
38

 

 Age

Basic rate

0-4   

$  294

5-8   

  $  319

9-11   

  $  340

12-14   

  $  378

15-20   

  $  412

P229  6

 

7(b) (1) Any county that, as of October 1, 1989, has in effect a
8basic rate that is at the levels set forth in the schedule in subdivision
9(a), shall continue to receive state participation, as specified in
10subdivision (c) of Section 15200, at these levels.

11(2) Any county that, as of October 1, 1989, has in effect a basic
12rate that exceeds a level set forth in the schedule in subdivision
13(a), shall continue to receive the same level of state participation
14as it received on October 1, 1989.

15(c) The amounts in the schedule of basic rates in subdivision
16(a) shall be adjusted as follows:

17(1) Effective January 1, 1990, the amounts in the schedule of
18basic rates in subdivision (a) shall be increased by 12 percent.

19(2) Effective May 1, 1990, any county that did not increase the
20basic rate by 12 percent on January 1, 1990, shall do both of the
21following:

22(A) Increase the basic rate in effect December 31, 1989, for
23which state participation is received by 12 percent.

24(B) Increase the basic rate, as adjusted pursuant to subparagraph
25(A), by an additional 5 percent.

26(3) (A) Except as provided in subparagraph (B), effective July
271, 1990, for the 1990-91 fiscal year, the amounts in the schedule
28of basic rates in subdivision (a) shall be increased by an additional
295 percent.

30(B) The rate increase required by subparagraph (A) shall not be
31applied to rates increased May 1, 1990, pursuant to paragraph (2).

32(4) Effective July 1, 1998, the amounts in the schedule of basic
33rates in subdivision (a) shall be increased by 6 percent.
34Notwithstanding any other law, the 6-percent increase provided
35for in this paragraph shall, retroactive to July 1, 1998, apply to
36every county, including any county to which paragraph (2) of
37subdivision (b) applies, and shall apply to foster care for every age
38group.

39(5) Notwithstanding any other law, any increase that takes effect
40after July 1, 1998, shall apply to every county, including any county
P230  1to which paragraph (2) of subdivision (b) applies, and shall apply
2to foster care for every age group.

3(6) The increase in the basic foster family home rate shall apply
4only to children placed in a licensed foster family home receiving
5the basic rate or in an approved home of a relative or nonrelative
6extended family member, as described in Section 362.7, a
7supervised independent living placement, as defined in subdivision
8(w) of Section 11400, or a nonrelated legal guardian receiving the
9basic rate. The increased rate shall not be used to compute the
10monthly amount that may be paid to licensed foster family agencies
11for the placement of children in certified foster homes.

12(d) (1) (A) Beginning with the 1991-92 fiscal year, the
13schedule of basic rates in subdivision (a) shall be adjusted by the
14percentage changes in the California Necessities Index, computed
15pursuant to the methodology described in Section 11453, subject
16to the availability of funds.

17(B) In addition to the adjustment in subparagraph (A) effective
18January 1, 2000, the schedule of basic rates in subdivision (a) shall
19be increased by 2.36 percent rounded to the nearest dollar.

20(C) Effective January 1, 2008, the schedule of basic rates in
21subdivision (a), as adjusted pursuant to subparagraph (B), shall be
22increased by 5 percent, rounded to the nearest dollar. The increased
23rate shall not be used to compute the monthly amount that may be
24paid to licensed foster family agencies for the placement of children
25in certified foster family homes, and shall not be used to recompute
26the foster care maintenance payment that would have been paid
27based on the age-related, state-approved foster family home care
28rate and any applicable specialized care increment, for any adoption
29assistance agreement entered into prior to October 1, 1992, or in
30any subsequent reassessment for adoption assistance agreements
31executed before January 1, 2008.

32(2) (A) Any county that, as of the 1991-92 fiscal year, receives
33state participation for a basic rate that exceeds the amount set forth
34in the schedule of basic rates in subdivision (a) shall receive an
35increase each year in state participation for that basic rate of
36one-half of the percentage adjustments specified in paragraph (1)
37until the difference between the county’s adjusted state
38participation level for its basic rate and the adjusted schedule of
39basic rates is eliminated.

P231  1(B) Notwithstanding subparagraph (A), all counties for the
21999-2000 fiscal year and the 2007-08 fiscal year shall receive
3an increase in state participation for the basic rate of the entire
4percentage adjustment described in paragraph (1).

5(3) If a county has, after receiving the adjustments specified in
6paragraph (2), a state participation level for a basic rate that is
7below the amount set forth in the adjusted schedule of basic rates
8for that fiscal year, the state participation level for that rate shall
9be further increased to the amount specified in the adjusted
10schedule of basic rates.

11(e) (1) As used in this section, “specialized care increment”
12means an amount paid on behalf of a child requiring specialized
13care to a home listed in subdivision (g) in addition to the basic
14rate. Notwithstanding subdivision (g), the specialized care
15increment shall not be paid to a nonminor dependent placed in a
16supervised independent living setting as defined in subdivision
17(w) of Section 11403. A county may have a ratesetting system for
18specialized care to pay for the additional care and supervision
19needed to address the behavioral, emotional, and physical
20requirements of foster children. A county may modify its
21specialized care rate system as needed, to accommodate changing
22specialized placement needs of children.

23(2) (A) The department shall have the authority to review the
24county’s specialized care information, including the criteria and
25methodology used for compliance with state and federal law, and
26to require counties to make changes if necessary to conform to
27state and federal law.

28(B) The department shall make available to the public each
29county’s specialized care information, including the criteria and
30methodology used to determine the specialized care increments.

31(3) Upon a request by a county for technical assistance,
32specialized care information shall be provided by the department
33within 90 days of the request to the department.

34(4) (A) Except for subparagraph (B), beginning January 1,
351990, specialized care increments shall be adjusted in accordance
36with the methodology for the schedule of basic rates described in
37subdivisions (c) and (d).

38(B) Notwithstanding subdivision (e) of Section 11460, for the
391993-94 fiscal year, an amount equal to 5 percent of the State
40Treasury appropriation for family homes shall be added to the total
P232  1augmentation for the AFDC-FC program in order to provide
2incentives and assistance to counties in the area of specialized
3care. This appropriation shall be used, but not limited to,
4encouraging counties to implement or expand specialized care
5payment systems, to recruit and train foster parents for the
6placement of children with specialized care needs, and to develop
7county systems to encourage the placement of children in family
8homes. It is the intent of the Legislature that in the use of these
9funds, federal financial participation shall be claimed whenever
10possible.

11(C) (i) Notwithstanding subparagraph (A), the specialized care
12increment shall not receive a cost-of-living adjustment in the
132011-12 or 2012-13 fiscal years.

14(ii) Notwithstanding clause (i), a county may choose to apply
15a cost-of-living adjustment to its specialized care increment during
16the 2011-12 or 2012-13 fiscal years. To the extent that a county
17chooses to apply a cost-of-living adjustment during that time, the
18state shall not participate in the costs of that adjustment.

19(iii) To the extent that federal financial participation is available
20for a cost-of-living adjustment made by a county pursuant to clause
21(ii), it is the intent of the Legislature that the federal funding shall
22be utilized.

23(5) Beginning in the 2011-12 fiscal year, and for each fiscal
24year thereafter, funding and expenditures for programs and
25activities under this subdivision shall be in accordance with the
26requirements provided in Sections 30025 and 30026.5 of the
27Government Code.

28(f) (1) As used in this section, “clothing allowance” means the
29amount paid by a county, at the county’s option, in addition to the
30basic rate for the provision of additional clothing for a child,
31 including, but not limited to, an initial supply of clothing and
32school or other uniforms. The frequency and level of funding shall
33be based on the needs of the child, as determined by the county.

34(2) The state shall no longer participate in any clothing
35allowance in addition to the basic rate, commencing with the
362011-12 fiscal year.

37(g) (1) Notwithstanding subdivisions (a) to (d), inclusive, for
38a child, or on and after January 1, 2012, a nonminor dependent,
39placed in a licensed foster family home or with a resource family,
40or placed in an approved home of a relative or the approved home
P233  1of a nonrelative extended family member as described in Section
2362.7, or placed on and after January 1, 2012, in a supervised
3independent living placement, as defined in subdivision (w) of
4Section 11400, the per child per month basic rate in the following
5schedule shall be in effect for the period commencing July 1, 2011,
6or the date specified in the final order, for which the time to appeal
7has passed, issued by a court of competent jurisdiction in California
8State Foster Parent Association v. William Lightbourne, et al. (U.S.
9Dist. Ct. C 07-08056 WHA), whichever is earlier, through June
1030, 2012:


11

 

Age

Basic rate

0-4   

$  609

5-8   

$  660

9-11   

$  695

12-14   

$  727

15-20   

$  761

P233 18

 

19(2) Commencing July 1, 2011, the basic rate set forth in this
20subdivision shall be annually adjusted on July 1 by the annual
21percentage change in the California Necessities Index applicable
22to the calendar year within which each July 1 occurs.

23(3) Subdivisions (e) and (f) shall apply to payments made
24pursuant to this subdivision.

25(4) (A) (i) For the 2016-17 fiscal year, the department shall
26develop a basic rate in coordination with the development of the
27foster family agency rate authorized in Section 11463 that ensures
28a child placed in a home-based setting described in paragraph (1),
29and a child placed in a certified family home or with a resource
30family approved by a foster family agency, is eligible for the same
31basic rate set forth in this paragraph.

32(ii) The rates developed pursuant to this paragraph shall not be
33lower than the rates proposed as part of the Governor’s 2016 May
34Revision.

35(iii) A certified family home of a foster family agency shall be
36paid the basic rate set forth in this paragraph only through
37December 31, 2017.

38(B) The basic rate paid to either a certified family home or a
39resource family approved by a foster family agency shall be paid
40by the agency to the certified family home or approved resource
P234  1family from the rate that is paid to the agency pursuant to Section
211463.

3(C) Notwithstanding the rulemaking provisions of the
4Administrative Procedure Act (Chapter 3.5 (commencing with
5Section 11340) of Part 1 of Division 3 of Title 2 of the Government
6Code), the basic rates and the manner in which they are determined
7shall be set forth in written directives until regulations are adopted.

8(D) The basic rates set forth in written directives or regulations
9pursuant to subparagraph (C) shall become inoperative on January
101, 2018, unless a later enacted statute, that becomes operative on
11or before January 1, 2018, deletes or extends the dates on which
12they become inoperative.

13(h) Beginning in the 2011-12 fiscal year, and each fiscal year
14thereafter, funding and expenditures for programs and activities
15under this section shall be in accordance with the requirements
16provided in Sections 30025 and 30026.5 of the Government Code.

17

begin deleteSEC. 87.end delete
18
begin insertSEC. 90end insertbegin insert.end insert  

Section 11461.2 of the Welfare and Institutions Code
19 is amended to read:

20

11461.2.  

(a) It is the intent of the Legislature to ensure quality
21care for children who are placed in the continuum of AFDC-FC
22eligible placement settings.

23(b) The State Department of Social Services shall establish, in
24consultation with county welfare departments and other
25stakeholders, as appropriate, a working group to develop
26recommended revisions to the current ratesetting system, services,
27and programs serving children and families in the continuum of
28AFDC-FC eligible placement settings including, at a minimum,
29all programs provided by foster family agencies and group homes
30including those providing residentially based services, as defined
31in paragraph (1) of subdivision (a) of Section 18987.71.

32(c) In developing the recommended revisions identified in
33subdivision (b), the working group shall consider all of the
34following:

35(1) How ratesetting systems for foster care providers, including,
36at least, foster family agencies and group homes, can better support
37a continuum of programs and services that promote positive
38outcomes for children and families. This may include a process
39for matching the child’s strengths and needs to the appropriate
40placement setting.

P235  1(2) How the provision of an integrated, comprehensive set of
2services including mental health and other critical services for
3children and youth support the achievement of well-being,
4permanency, and safety outcomes.

5(3) How to ensure the provision of services in a family setting
6that promotes normal childhood experiences and that serves the
7 needs of the child, including aftercare services, when appropriate.

8(4) How to provide outcome-based evaluations of foster care
9providers or other methods of measuring quality improvement
10including measures of youth and families’ satisfaction with services
11provided and program effectiveness.

12(5) How changes in the licensing, ratesetting, and auditing
13processes can improve the quality of foster care providers, the
14quality of services and programs provided, and enhance the
15oversight of care provided to children, including, but not limited
16to, accreditation, administrator qualifications, and the reassignment
17of these responsibilities within the department.

18(d) In addition to the considerations in subdivision (c), the
19workgroup recommendations shall be based on the review and
20evaluation of the current ratesetting systems, actual cost data, and
21information from the provider community as well as research on
22other applicable ratesetting methodologies, evidence-based
23practices, information developed as a result of pilots approved by
24the director, and any other relevant information.

25(e) (1) The workgroup shall develop the content, format, and
26data sources for reports to be posted by the department on a public
27Internet Web site describing the outcomes achieved by providers
28with foster care rates set by the department.

29(2) Commencing January 1, 2017, and at least semiannually
30after that date, the department shall publish and make available
31on a public Internet Web site, short-term residential therapeutic
32program and foster family agency provider performance indicators.

33(f) (1) Recommendations developed pursuant to this section
34shall include the plan required under subdivision (d) of Section
3518987.7. Updates regarding the workgroup’s establishment and
36its progress toward meeting the requirements of this section shall
37be provided to the Legislature during 2012-13 and 2013-14 budget
38hearings. The revisions recommended pursuant to the requirements
39of subdivision (b) shall be submitted in a report to the appropriate
40policy and fiscal committees of the Legislature by October 1, 2014.

P236  1(2) The requirement for submitting a report pursuant to this
2subdivision is inoperative on October 1, 2018, pursuant to Section
310231.5 of the Government Code.

4(g) The department shall retain the authority to extend the
5workgroup after October 1, 2014, to ensure that the objectives of
6this section are met and to reconvene this workgroup as necessary
7to address any future recommended changes to the continuum of
8AFDC-FC eligible placement settings pursuant to this section.

9

begin deleteSEC. 88.end delete
10
begin insertSEC. 91.end insert  

Section 11462 of the Welfare and Institutions Code,
11as added by Section 72 of Chapter 773 of the Statutes of 2015, is
12amended to read:

13

11462.  

(a) The department shall commence development of
14a new payment structure for short-term residential therapeutic
15program placements claiming Title IV-E funding, in consultation
16with county placing agencies and providers.

17(b) The department shall develop a rate system that includes
18consideration of all of the following factors:

19(1) Core services, made available to children and nonminor
20dependents either directly or secured through formal agreements
21with other agencies, which are trauma informed and culturally
22relevant and include:

23(A) Specialty mental health services for children who meet
24medical necessity criteria for specialty mental health services under
25the Medi-Cal Early and Periodic Screening, Diagnosis, and
26Treatment program.

27(B) Transition support services for children, youth, and families
28upon initial entry and placement changes and for families who
29assume permanency through reunification, adoption, or
30guardianship.

31(C) Educational and physical, behavioral, and mental health
32supports, including extracurricular activities and social supports.

33(D) Activities designed to support transition-age youth and
34nonminor dependents in achieving a successful adulthood.

35(E) Services to achieve permanency, including supporting efforts
36to reunify or achieve adoption or guardianship and efforts to
37maintain or establish relationships with parents, siblings, extended
38family members, tribes, or others important to the child or youth,
39as appropriate.

P237  1(F) When serving Indian children, as defined in subdivisions
2(a) and (b) of Section 224.1, the core services described in
3subparagraphs (A) to (E), inclusive, which shall be provided to
4eligible children consistent with active efforts pursuant to Section
5361.7.

6(G) (i) Facilitating the identification and, as needed, the
7approval of resource families pursuant to Section 16519.5, for the
8purpose of transitioning children and youth to family-based care.

9(ii) If a short-term residential therapeutic program elects to
10approve and monitor resource families directly, the program shall
11comply with all laws applicable to foster family agencies,
12including, but not limited to, those set forth in the Community
13Care Facilities Act (Chapter 3 (commencing with Section 1500)
14of Division 2 of the Health and Safety Code).

15(iii) For short-term residential therapeutic programs that elect
16to approve and monitor resource families directly, the department
17shall have all the same duties and responsibilities as those programs
18have for licensed foster family agencies, as set forth in applicable
19law, including, but not limited to, those set forth in the Community
20Care Facilities Act (Chapter 3 (commencing with Section 1500)
21of Division 2 of the Health and Safety Code).

22(2) The core services specified in subparagraphs (A) to (G),
23inclusive, of paragraph (1) are not intended to duplicate services
24already available to foster children in the community, but to support
25access to those services and supports to the extent they are already
26available. Those services and supports may include, but are not
27limited to, foster youth services available through county offices
28of education, Indian Health Services, or school-based
29extracurricular activities.

30(3) Specialized and intensive treatment supports that encompass
31the elements of nonmedical care and supervision necessary to meet
32a child’s or youth’s safety and other needs that cannot be met in
33a family-based setting.

34(4) Staff training.

35(5) Health and Safety Code requirements.

36(6) Accreditation that includes:

37(A) Provision for all licensed short-term residential therapeutic
38programs to obtain and maintain in good standing accreditation
39from a nationally recognized accreditation agency, as identified
P238  1by the department, with expertise in programs for children or youth
2group care facilities, as determined by the department.

3(B) Promulgation by the department of information identifying
4that agency or agencies from which accreditation shall be required.

5(C) Provision for timely reporting to the department of any
6change in accreditation status.

7(7) Mental health certification, including a requirement to timely
8report to the department any change in mental health certificate
9status.

10(8) Maximization of federal financial participation under Title
11IV-E and Title XIX of the Social Security Act.

12(c) The department shall establish rates pursuant to subdivisions
13(a) and (b) commencing January 1, 2017. The rate structure shall
14include an interim rate, a provisional rate for new short-term
15 residential therapeutic programs, and a probationary rate. The
16department may issue a one-time reimbursement for accreditation
17fees incurred after August 1, 2016, in an amount and manner
18determined by the department in written directives.

19(1) (A) Initial interim rates developed pursuant to this section
20shall be effective January 1, 2017, through December 31, 2017.

21(B) The initial interim rates developed pursuant to this paragraph
22shall not be lower than the rates proposed as part of the Governor’s
232016 May Revision.

24(C) The initial interim rates set forth in written directives or
25regulations pursuant to paragraph (3) shall become inoperative on
26January 1, 2018, unless a later enacted statute, that becomes
27operative on or before January 1, 2018, deletes or extends the dates
28on which they become inoperative.

29(D) It is the intent of the Legislature to establish an ongoing
30payment structure no later than January 1, 2020.

31(2) Consistent with Section 11466.01, for provisional and
32probationary rates, the following shall be established:

33(A) Terms and conditions, including the duration of the rate.

34(B) An administrative review process for rate determinations,
35including denials, reductions, and terminations.

36(C) An administrative review process that includes a
37departmental review, corrective action, and a protest with the
38department. Notwithstanding the rulemaking provisions of the
39Administrative Procedure Act (Chapter 3.5 (commencing with
40Section 11340) of Part 1 of Division 3 of Title 2 of the Government
P239  1Code), this process shall be disseminated by written directive
2pending the promulgation of regulations.

3(3) Notwithstanding the rulemaking provisions of the
4Administrative Procedure Act (Chapter 3.5 (commencing with
5Section 11340) of Part 1 of Division 3 of Title 2 of the Government
6Code), the initial interim rates, provisional rates, and probationary
7rates and the manner in which they are determined shall be set
8forth in written directives until regulations are adopted.

9(d) The department shall develop a system of governmental
10monitoring and oversight that shall be carried out in coordination
11with the State Department of Health Care Services. Oversight
12responsibilities shall include, but not be limited to, ensuring
13conformity with federal and state law, including program, fiscal,
14and health and safety audits and reviews. The state agencies shall
15attempt to minimize duplicative audits and reviews to reduce the
16administrative burden on providers.

17

begin deleteSEC. 89.end delete
18
begin insertSEC. 92.end insert  

Section 11462.01 of the Welfare and Institutions
19Code
, as added by Section 75 of Chapter 773 of the Statutes of
202015, is amended to read:

21

11462.01.  

(a) (1) No later than 12 months following the date
22of initial licensure, a short-term residential therapeutic program,
23as defined in subdivision (ad) of Section 11400 of this code and
24paragraph (18) of subdivision (a) of Section 1502 of the Health
25and Safety Code, shall obtain a contract, subject to an agreement
26on rates and terms and conditions, with a county mental health
27plan to provide specialty mental health services and demonstrate
28the ability to meet the therapeutic needs of each child, as identified
29in any of the following:

30(A) A mental health assessment.

31(B) The child’s case plan.

32(C) The child’s needs and services plan.

33(D) Other documentation demonstrating the child has a mental
34health need.

35(2) A short-term residential therapeutic program shall comply
36with any other mental health program approvals required by the
37State Department of Health Care Services or by a county mental
38health plan to which mental health program approval authority has
39been delegated.

P240  1(b) A short-term residential therapeutic program may accept for
2placement a child who meets both of the criteria in paragraphs (1)
3and (2) and at least one of the conditions in paragraph (3).

4(1) The child does not require inpatient care in a licensed health
5facility.

6(2) The child has been assessed as requiring the level of services
7provided in a short-term residential therapeutic program in order
8to maintain the safety and well-being of the child or others due to
9behaviors, including those resulting from traumas, that render the
10child or those around the child unsafe or at risk of harm, or that
11prevent the effective delivery of needed services and supports
12provided in the child’s own home or in other family settings, such
13as with a relative, guardian, foster family, resource family, or
14adoptive family. The assessment shall ensure the child has needs
15in common with other children or youth in the care of the facility,
16consistent with subdivision (c) of Section 16514.

17(3) The child meets at least one of the following conditions:

18(A) The child has been assessed, pursuant to Section 4096, as
19meeting the medical necessity criteria for Medi-Cal specialty
20mental health services, as provided for in Section 1830.205 or
211830.210 of Title 9 of the California Code of Regulations.

22(B) The child has been assessed, pursuant to Section 4096, as
23seriously emotionally disturbed, as defined in subdivision (a) of
24Section 5600.3.

25(C) The child requires emergency placement pursuant to
26paragraph (3) of subdivision (h).

27(D) The child has been assessed, pursuant to Section 4096, as
28requiring the level of services provided by the short-term residential
29therapeutic program in order to meet his or her behavioral or
30therapeutic needs.

31(4) Subject to the requirements of this subdivision, a short-term
32residential therapeutic program may have a specialized program
33to serve a child, including, but not limited to, the following:

34(A) A commercially sexually exploited child.

35(B) A private voluntary placement, if the youth exhibits status
36offender behavior, the parents or other relatives feel they cannot
37control the child’s behavior, and short-term intervention is needed
38to transition the child back into the home.

39(C) A juvenile sex offender.

40(D) A child who is affiliated with, or impacted by, a gang.

P241  1(c) A foster family agency that is certified as a Medi-Cal
2specialty mental health provider pursuant to Section 1810.435 of
3Title 9 of the California Code of Regulations by the State
4Department of Health Care Services, or by a county mental health
5plan to which the department has delegated certification authority,
6and which has entered into a contract with a county mental health
7plan pursuant to Section 1810.436 of Title 9 of the California Code
8of Regulations, shall provide, or provide access to, specialty mental
9health services to children under its care who do not require
10inpatient care in a licensed health facility and who meet the medical
11necessity criteria for Medi-Cal specialty mental health services
12provided for in Section 1830.205 or 1830.210 of Title 9 of the
13California Code of Regulations.

14(d) A foster family agency that is not certified as a Medi-Cal
15specialty mental health provider shall provide access to specialty
16and non-specialty mental health services in that program for
17children who do not require inpatient care in a licensed health
18facility and who meet any of the conditions in paragraph (3) of
19subdivision (b). In this situation the foster family agency shall do
20the following:

21(1) In the case of a child who is a Medi-Cal beneficiary, arrange
22for specialty mental health services from the county mental health
23plan.

24(2) In all other cases, arrange for the child to receive mental
25health services.

26(e) All short-term residential therapeutic programs shall maintain
27the level of care and services necessary to meet the needs of the
28children and youth in their care and shall maintain and have in
29good standing the appropriate mental health program approval that
30includes a certification to provide Medi-Cal specialty mental health
31services issued by the State Department of Health Care Services
32or a county mental health plan to which the department has
33delegated mental health program approval authority, pursuant to
34Section 4096.5 of this code or Section 1810.435 or 1810.436 of
35Title 9 of the California Code of Regulations. All foster family
36agencies that are certified as a Medi-Cal specialty mental health
37provider pursuant to Section 1810.435 of Title 9 of the California
38Code of Regulations shall maintain the level of care and services
39necessary to meet the needs of children and youth in their care and
40shall maintain and have in good standing the Medi-Cal specialty
P242  1mental health provider certification issued by the State Department
2of Health Care Services or a county mental health plan to which
3the department has delegated certification authority.

4(f) The assessments described in subparagraphs (A), (B), (C),
5and (D) of paragraph (3) of subdivision (b) shall ensure the child’s
6individual behavioral or treatment needs are consistent with, and
7can be met by, the facility and shall be made by one of the
8following, as applicable:

9(1) An interagency placement committee, as described in Section
104096, considering the recommendations from the child and family
11team, if any are available. If the short-term residential therapeutic
12program serves children who are placed by county child welfare
13agencies and children who are placed by probation departments,
14the interagency placement committee shall also ensure the
15requirements of subdivision (c) of Section 16514 have been met
16with respect to commonality of need.

17(2) A licensed mental health professional as defined in
18subdivision (g) of Section 4096.

19(3) For the purposes of this section, an AFDC-FC funded child
20with an individualized education program developed pursuant to
21Article 2 (commencing with Section 56320) of Chapter 4 of Part
2230 of Division 4 of Title 2 of the Education Code that assesses the
23child as seriously emotionally disturbed, as defined in, and subject
24to, this section and recommends out-of-home placement at the
25level of care provided by the provider, shall be deemed to have
26met the assessment requirement.

27(g) The evaluation described in subparagraph (A) of paragraph
28(3) of subdivision (h) shall be made pursuant to subdivision (b) of
29Section 706.6 or paragraph (2) of subdivision (c) of Section
3016501.1.

31(h) (1) The provider shall ensure that AFDC-FC funded
32children, assessed pursuant to subparagraphs (A) and (B) of
33paragraph (3) of subdivision (b), who are accepted for placement
34have been approved for placement by an interagency placement
35committee, as described in Section 4096, except as provided for
36in paragraphs (3) and (4) of subdivision (f).

37(2) The approval shall be in writing and shall indicate that the
38interagency placement committee has determined one of the
39following:

P243  1(A) The child meets the medical necessity criteria for Medi-Cal
2specialty mental health services, as provided for in Section
31830.205 or 1830.210 of Title 9 of the California Code of
4 Regulations.

5(B) The child is seriously emotionally disturbed, as described
6in subdivision (a) of Section 5600.3.

7(3) (A) Nothing in subdivisions (a) to (h), inclusive, or this
8subdivision shall prevent an emergency placement of a child or
9youth into a certified short-term residential therapeutic program
10prior to the determination by the interagency placement committee,
11but only if a licensed mental health professional, as defined in
12subdivision (g) of Section 4096, has made a written determination
13within 72 hours of the child’s or youth’s placement, that the child
14or youth requires the level of services and supervision provided
15by the short-term residential therapeutic program in order to meet
16his or her behavioral or therapeutic needs. If the short-term
17residential therapeutic program serves children placed by county
18child welfare agencies and children placed by probation
19departments, the interagency placement committee shall also ensure
20the requirements of subdivision (c) of Section 16514 have been
21met with respect to commonality of need.

22(i) The interagency placement committee, as appropriate, shall,
23within 30 days of placement, make the determinations, with
24recommendations from the child and family team, required by this
25subdivision.

26(ii) If it determines the placement is appropriate, the interagency
27placement committee, with recommendations from the child and
28family team, shall transmit the approval, in writing, to the county
29placing agency and the short-term residential therapeutic program.

30(iii) If it determines the placement is not appropriate, the
31interagency placement committee shall respond pursuant to
32subparagraph (B).

33(B) (i) If the interagency placement committee determines at
34any time that the placement is not appropriate, it shall, with
35recommendations from the child and family team, transmit the
36disapproval, in writing, to the county placing agency and the
37short-term residential therapeutic program and shall include a
38recommendation as to the child’s appropriate level of care and
39placement to meet his or her service needs. The necessary
40interagency placement committee representative or representatives
P244  1shall participate in any child and family team meetings to refer the
2child or youth to an appropriate placement, as specified in this
3section.

4(ii) The child may remain in the placement for the amount of
5time necessary to identify and transition the child to an alternative,
6suitable placement.

7(iii) Notwithstanding clause (ii), if the interagency placement
8committee determined the placement was not appropriate due to
9a health and safety concern, immediate arrangements for the child
10to transition to an appropriate placement shall occur.

11(i) Commencing January 1, 2017, for AFDC-FC funded children
12or youth, only those children or youth who are approved for
13placement, as set forth in this section, may be accepted by a
14short-term residential therapeutic program.

15(j) The department shall, through regulation, establish
16consequences for the failure of a short-term residential therapeutic
17program to obtain written approval for placement of an AFDC-FC
18funded child or youth pursuant to this section.

19(k) The department shall not establish a rate for a short-term
20residential therapeutic program unless the provider submits a
21recommendation from the host county or the primary placing
22county that the program is needed and that the provider is willing
23and capable of operating the program at the level sought. For
24purposes of this subdivision, “host county,” and “primary placing
25county,” mean the same as defined in the department’s AFDC-FC
26ratesetting regulations.

27(l) Any certified short-term residential therapeutic program shall
28be reclassified and paid at the appropriate program rate for which
29it is qualified if either of the following occurs:

30(1) (A) It fails to maintain the level of care and services
31necessary to meet the needs of the children and youth in care, as
32required by subdivision (a). The determination shall be made
33consistent with the department’s AFDC-FC ratesetting regulations
34developed pursuant to Section 11462 and shall take into
35consideration the highest level of care and associated rates for
36which the program may be eligible if granted an extension pursuant
37to Section 11462.04 or any reduction in rate associated with a
38provisional or probationary rate granted or imposed under Section
3911466.01.

P245  1(B) In the event of a determination under this paragraph, the
2short-term residential therapeutic program may appeal the finding
3or submit a corrective action plan. The appeal process specified
4in Section 11466.6 shall be available to a short-term residential
5therapeutic program that provides intensive and therapeutic
6treatment. During any appeal, the short-term residential therapeutic
7program that provides intensive and therapeutic treatment shall
8maintain the appropriate level of care.

9(2) It fails to maintain a certified mental health treatment
10program as required by subdivision (e).

11(m) In addition to any other review required by law, the child
12and family team as defined in paragraph (4) of subdivision (a) of
13Section 16501 may periodically review the placement of the child
14or youth. If the child and family team make a recommendation
15that the child or youth no longer needs, or is not benefiting from,
16placement in a short-term residential therapeutic program, the team
17shall transmit the disapproval, in writing, to the county placing
18agency to consider a more appropriate placement.

19(n) The department shall develop a process to address
20placements when, subsequent to the child’s or youth’s placement,
21 a determination is made by the interagency placement team and
22shall consider the recommendations of the child and family team,
23either that the child or youth is not in need of the care and services
24provided by the certified program. The process shall include, but
25not be limited to:

26(1) Notice of the determination in writing to both the county
27placing agency and the short-term residential therapeutic program
28or foster family agency that provides intensive and therapeutic
29treatment.

30(2) Notice of the county’s plan, and a time frame, for removal
31of the child or youth in writing to the short-term residential
32therapeutic program that provides intensive and therapeutic
33treatment.

34(3) Referral to an appropriate placement.

35(4) Actions to be taken if a child or youth is not timely removed
36from the short-term residential therapeutic program that provides
37intensive and therapeutic treatment or placed in an appropriate
38placement.

P246  1(o) (1) Nothing in this section shall prohibit a short-term
2residential therapeutic program from accepting private placements
3of children or youth.

4(2) When a referral is not from a public agency and no public
5funding is involved, there is no requirement for public agency
6review or determination of need.

7(3) Children and youth subject to paragraphs (1) and (2) shall
8have been determined to be seriously emotionally disturbed, as
9described in subdivision (a) of Section 5600.3, and subject to
10Section 1502.4 of the Health and Safety Code, by a licensed mental
11health professional, as defined in subdivision (g) of Section 4096.

12

begin deleteSEC. 90.end delete
13
begin insertSEC. 93.end insert  

Section 11462.02 of the Welfare and Institutions
14Code
, as added by Section 78 of Chapter 773 of the Statutes of
152015, is amended to read:

16

11462.02.  

(a) Any existing county-operated foster family
17agency or group home, including the group home operated by the
18County of San Mateo, shall, commencing January 1, 2017, be
19classified as, and shall meet all of the requirements of, a foster
20family agency or a short-term residential therapeutic program, as
21defined respectively in subdivisions (g) and (ad) of Section 11400,
22to be eligible to receive AFDC-FC funds.

23(b) Notwithstanding any other law, the State Department of
24Social Services may license a county as a foster family agency or
25as a short-term residential therapeutic program.

26(c) If a county exercises its option to operate a foster family
27agency or a short-term residential therapeutic program, the county
28shall submit an application and shall comply with the requirements
29of Chapter 3 (commencing with Section 1500) of Division 2 of
30the Health and Safety Code related to foster family agency
31programs or a short-term residential therapeutic program, as
32applicable.

33(d) A county that requests, and is granted, a license for a foster
34family agency or short-term residential therapeutic program shall
35apply for an AFDC-FC rate pursuant to Section 11462 or 11463,
36as applicable.

37(e) As a condition for eligibility for an AFDC-FC rate for a
38short-term residential therapeutic program or a foster family
39agency, the county shall comply with all applicable law concerning
40a short-term residential therapeutic program or foster family
P247  1agency, including, but not limited to, the following provisions
2related to licensing, rate, audit, due process, enforcement, and
3overpayment collection:

4(1) Chapter 3 (commencing with Section 1500) of Division 2
5of the Health and Safety Code.

6(2) Article 10 (commencing with Section 360) of Chapter 2 of
7Part 1 of Division 2 of this code.

8(3) Article 18 (commencing with Section 725) of Chapter 2 of
9Part 1 of Division 2 of this code.

10(4) Article 22 (commencing with Section 825) of Chapter 2 of
11Part 1 of Division 2 of this code.

12(5) Article 5 (commencing with Section 11400) of Chapter 2
13of Part 3 of Division 9 of this code.

14(6) Article 6 (commencing with Section 11450) of Chapter 2
15of Part 3 of Division 9 of this code.

16(f) The state is not obligated under Section 36 of Article XIII
17of the California Constitution to provide any annual funding to a
18county to comply with this section; with any regulation, executive
19order, or administrative order implementing this section; or with
20any federal statute or regulation related to this section, because
21the county’s operation of a licensed short-term residential
22 therapeutic program or foster family agency is optional for the
23county and is not required by this section.

24(g) Counties licensed to operate a foster family agency or
25short-term residential therapeutic program shall, as a condition to
26receiving payment, ensure that its conflict-of-interest mitigation
27plan, submitted to the department pursuant to subdivision (d) of
28Section 1506.1 and subdivision (d) of Section 1562.01 of the Health
29and Safety Code, addresses, but is not limited to, the following:

30(1) A decision to place children and youth in a county-operated
31facility when alternative appropriate placement options exist.

32(2) The reporting by county staff to the department or other
33agencies of observed noncompliant conditions or health and safety
34concerns in county-operated foster family agencies or short-term
35residential therapeutic programs.

36(3) The cross-reporting of reports received from mandatory
37child abuse and neglect reporters involving county-operated foster
38family agencies and short-term residential therapeutic programs.

P248  1(4) Disclosures of fatalities and near fatalities of children placed
2in county-operated foster family agencies and short-term residential
3therapeutic programs.

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

5

begin deleteSEC. 91.end delete
6
begin insertSEC. 94.end insert  

Section 11462.04 of the Welfare and Institutions
7Code
, as added by Section 82 of Chapter 773 of the Statutes of
82015, is amended to read:

9

11462.04.  

(a) Notwithstanding any other law, commencing
10January 1, 2017, no new group home rate or change to an existing
11rate shall be established pursuant to the Rate Classification Level
12(RCL) system.

13(b) Notwithstanding subdivision (a), the department may grant
14an exception as appropriate, on a case-by-case basis, when a written
15request and supporting documentation are provided by a county
16placing agency, including a county welfare or probation director,
17that absent the granting of that exception, there is a material risk
18to the welfare of children due to an inadequate supply of
19appropriate alternative placement options to meet the needs of
20children.

21(c) For group homes being paid under the RCL system, and
22 those granted an exception pursuant to paragraph (b), group home
23rates shall terminate on December 31, 2016, unless granted an
24extension under the exception process in subdivision (d).

25(d) A group home may request an exception to extend its rate
26as follows:

27(1) The department may grant an extension for up to two years,
28through December 31, 2018, except as provided in paragraph (2),
29on a case-by-case basis, when a written request and supporting
30documentation are provided by a county placing agency, including
31a county welfare or probation director, that absent the granting of
32that exception, there is a material risk to the welfare of children
33due to an inadequate supply of appropriate alternative placement
34options to meet the needs of children. The exception may include
35time to meet the program accreditation requirement or the mental
36health certification requirement.

37(2) Pursuant to Section 11462.041, after the expiration of the
38extension afforded in paragraph (1), the department may grant an
39additional extension to a group home beyond December 31, 2018,
40upon a provider submitting a written request and the county
P249  1probation department providing documentation stating that absent
2the grant of that extension, there is a significant risk to the safety
3of the youth or the public, due to an inadequate supply of
4short-term residential therapeutic programs or resource families
5necessary to meet the needs of probation youth. The extension
6granted to any provider through this section may be reviewed
7annually by the department if concerns arise regarding that
8provider’s facility. Pursuant to subdivision (e) of Section
911462.041, the final report submitted to the Legislature shall
10address whether or not the extensions are still necessary.

11(3) The exception shall allow the provider to continue to receive
12the rate under the prior ratesetting system.

13(4) A provider granted an extension pursuant to this section
14shall continue to operate and be governed by the applicable laws
15and regulations that were operative on December 31, 2018.

16(5) If the exception request granted pursuant to this subdivision
17is not made by the host county, the placing county shall notify and
18provide a copy to the host county.

19(e) (1) The extended rate granted pursuant to either paragraph
20(1) or (2) of subdivision (d) shall be provisional and subject to
21terms and conditions set by the department during the provisional
22period.

23(2) Consistent with Section 11466.01, for provisional rates, the
24following shall be established:

25(A) Terms and conditions, including the duration of the
26provisional rate.

27(B) An administrative review process for provisional rate
28determinations, including denials, reductions, and terminations.

29(C) An administrative review process that includes a
30departmental review, corrective action, and a protest with the
31department. Notwithstanding the rulemaking provisions of the
32Administrative Procedure Act (Chapter 3.5 (commencing with
33Section 11340) of Part 1 of Division 3 of Title 2 of the Government
34Code), this process shall be disseminated by written directive
35pending the promulgation of regulations.

36(f) Upon termination of an existing group home rate under the
37RCL system, a new rate shall not be paid until an application is
38approved and a rate is granted by the department pursuant to
39Section 11462 as a short-term residential therapeutic program or,
P250  1effective January 1, 2017, the rate set pursuant to Section 11463
2as a foster family agency.

3(g) The department shall, in the development of the new rate
4structures, consider and provide for placement of all children who
5are displaced as a result of reclassification of treatment facilities.

6

begin deleteSEC. 92.end delete
7
begin insertSEC. 95.end insert  

Section 11462.041 of the Welfare and Institutions
8Code
is amended to read:

9

11462.041.  

(a) The Legislature recognizes that group homes
10are one of the primary placement options utilized by probation
11departments to avoid inappropriate housing of youth in a detention
12hall, more so since the 2007 realignment of most juvenile offenders
13from state supervision to county supervision. In order to further
14improve outcomes for these youth, targeted efforts will be required
15at the state and local levels to create sufficient capacity in
16home-based family care and in short-term residential therapeutic
17programs in order to serve these youth safely in the least restrictive,
18family-based settings, whenever possible. This increased capacity
19is needed in both the number of related and unrelated family-based
20caregivers, in the caregivers’ ability to meet the needs of probation
21youth, and in the services and supports available to these
22caregivers. Additionally, there must be sufficient capacity in
23short-term residential therapeutic programs to meet the needs of
24probation youth and ensure public safety.

25(b) To meet the capacity needs described in subdivision (a),
26commencing on January 1, 2016, county probation departments
27shall do all of the following:

28(1) Work with group home providers to develop short-term
29residential therapeutic programs that meet the treatment needs of
30probation supervised youth in foster care.

31(2) Work with foster family agencies and other
32community-based organizations to develop strategies to recruit,
33retain, and support specialized foster homes for probation youth.

34(3) Work with the department on strategies to identify, engage,
35and support relative caregivers.

36(4) Work with the department to define probation youth outcome
37measures to be collected and analyzed to assess implementation
38of this act.

39(c) To support the activities described in subdivision (b),
40commencing on January 1, 2016, the department, in consultation
P251  1with the Chief Probation Officers of California, shall do all of the
2following:

3(1) Work with providers, courts, and county probation
4departments to develop capacity for home-based family care.

5(2) Work with short-term residential therapeutic programs and
6foster family agencies to address the treatment needs of specific
7probation populations, including, but not limited to, sex offenders,
8youth with gang affiliations, youth who currently are placed out
9of state, and youth with mental illness.

10(3) Develop appropriate rate structures to support probation
11foster youth in home-based family care.

12(4) Identify strategies to address the systemic challenges specific
13to small and rural counties in meeting the needs of probation foster
14youth in need of placement or treatment services.

15(5) Provide technical assistance to existing group home providers
16interested in serving probation youth during the transition to the
17short-term residential therapeutic program or foster family agency
18models outlined in this act.

19(6) Provide technical assistance related to implementation of
20this section to any requesting county probation department.

21(d) Beginning January 1, 2018, the department, in consultation
22with the Chief Probation Officers of California, shall assess the
23capacity and quality of placement options for probation youth in
24foster care, including home-based family care and short-term
25residential therapeutic programs. This assessment shall include:

26(1) The number and type of placement options.

27(2) Whether short-term residential therapeutic programs have
28developed programming tailored to address the propensity of
29probation youth to run away.

30(3) The degree to which foster family agencies,
31community-based service providers, and county probation
32departments have developed the programs and services necessary
33to recruit, retain, and support foster families and relative caregivers
34serving foster youth supervised by probation departments.

35(4) Any need for additional training and technical assistance to
36be provided to short-term residential therapeutic programs or foster
37family agency providers.

38(e) The department, in consultation with the Chief Probation
39Officers of California and the counties, shall provide an interim
40report, pursuant to Section 9795 of the Government Code, to the
P252  1Legislature no later than January 10, 2019, and a final report,
2pursuant to Section 9795 of the Government Code, to the
3Legislature no later than January 10, 2021, which shall include the
4number of youth served in home-based family care, in short-term
5residential therapeutic programs, and in group homes,
6characteristics of youth in these placement types, and whether
7there is a continued need for probation placement in group homes.
8The reports also shall provide recommendations on any further
9technical assistance and training, if needed, to facilitate county
10probation departments, county child welfare departments, DSS,
11and providers in strengthening the continuum of care for
12justice-involved youth.

13

begin deleteSEC. 93.end delete
14
begin insertSEC. 96.end insert  

Section 11462.06 of the Welfare and Institutions
15Code
is amended to read:

16

11462.06.  

(a) For purposes of the administration of this article,
17including the setting of group home rates, the department shall
18deem the reasonable costs of leases for shelter care for foster
19children to be allowable costs. Reimbursement of shelter costs
20shall not exceed 12 percent of the fair market value of owned,
21leased, or rented buildings, including any structures, improvements,
22edifices, land, grounds, and other similar property that is owned,
23leased, or rented by the group home and that is used for group
24home programs and activities, exclusive of idle capacity and
25capacity used for nongroup home programs and activities. Shelter
26costs shall be considered reasonable in relation to the fair market
27value limit as described in subdivision (b).

28(b) For purposes of this section, fair market value of leased
29property shall be determined by either of the following methods,
30as chosen by the provider:

31(1) The market value shown on the last tax bill for the cost
32reporting period.

33(2) The market value determined by an independent appraisal.
34The appraisal shall be performed by a qualified, professional
35appraiser who, at a minimum, meets standards for appraisers as
36specified in Chapter 6.5 (commencing with Section 3500) of Title
3710 of the California Code of Regulations. The appraisal shall not
38be deemed independent if performed under a less-than-arms-length
39agreement, or if performed by a person or persons employed by,
40or under contract with, the group home for purposes other than
P253  1performing appraisals, or by a person having a material interest in
2any group home which receives foster care payments. If the
3department believes an appraisal does not meet these standards,
4the department shall give its reasons in writing to the provider and
5provide an opportunity for appeal.

6(c) (1) The department may adopt emergency regulations in
7order to implement this section, in accordance with Chapter 3.5
8(commencing with Section 11340) of Part 1 of Division 3 of Title
92 of the Government Code.

10(2) The adoption of emergency regulations pursuant to this
11section shall be deemed to be an emergency and considered by the
12Office of Administrative Law as necessary for the immediate
13preservation of the public peace, health and safety, or general
14welfare.

15(3) Emergency regulations adopted pursuant to this section shall
16be exempt from the review and approval of the Office of
17 Administrative Law.

18(4) The emergency regulations authorized by this section shall
19be submitted to the Office of Administrative Law for filing with
20the Secretary of State and publication in the California Code of
21Regulations.

22(d) (1) Commencing July 1, 2003, any group home provider
23with a self-dealing lease transaction for shelter costs, as defined
24in Section 5233 of the Corporations Code, shall not be eligible for
25an AFDC-FC rate.

26(2) Notwithstanding paragraph (1), providers that received an
27approval letter for a self-dealing lease transaction for shelter costs
28during the 2002-03 fiscal year from the Charitable Trust Section
29of the Department of Justice shall be eligible to continue to receive
30an AFDC-FC rate until the date that the lease expires, or is
31modified, extended, or terminated, whichever occurs first. These
32providers shall be ineligible to receive an AFDC-FC rate after that
33date if they have entered into any self-dealing lease transactions
34for group home shelter costs.

35(e) This section shall remain in effect only until January 1, 2019,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2019, deletes or extends that date.

38

begin deleteSEC. 94.end delete
39
begin insertSEC. 97.end insert  

Section 11462.06 is added to the Welfare and
40Institutions Code
, to read:

P254  1

11462.06.  

(a) For purposes of the administration of this article,
2including setting AFDC-FC provider rates, the department shall
3deem the reasonable costs of leases for shelter care for foster
4children to be allowable costs.

5(b) Rental costs of real property, allowable as either shelter care
6or as necessary administration of the foster care maintenance
7payment, are allowable to the extent that the rates are reasonable
8in light of such factors as rental costs of comparable property, if
9any; market conditions in the area; alternatives available; and the
10type, life expectancy, condition, and value of the leased property,
11including any structures, improvements, edifices, land, grounds,
12and other similar property that is used for the facility’s residential
13 foster care programs and activities, exclusive of idle capacity and
14capacity used for nonresidential foster care programs and activities.

15(1) Rental costs shall be considered reasonable in relation to
16the fair market rental value limit, subject to the requirements in
17Section 200.465 of Title 2 of the Code of Federal Regulations, as
18implemented by the United States Department of Health and
19Human Services in Section 75.465 of Title 45 of the Code of
20Federal Regulations.

21(2) Rental arrangements should be reviewed periodically to
22determine if circumstances have changed and other options are
23available.

24(c) The appraisal shall be performed by an independent,
25qualified, professional appraiser who, at a minimum, meets
26standards for appraisers as specified in Chapter 6.5 (commencing
27with Section 3500) of Title 10 of the California Code of
28Regulations. The appraisal shall not be deemed independent if
29performed under a less-than-arms-length agreement, if performed
30by a person or persons employed by, or under contract with, the
31program subject to the appraisal for purposes other than performing
32appraisals, or if performed by a person having a material interest
33in any program that receives foster care payments. If the department
34believes an appraisal does not meet these standards, the department
35shall give its reasons in writing to the program and provide an
36opportunity for appeal.

37(d) (1) Any provider with a self-dealing transaction, as defined
38in Section 5233 of the Corporations Code, for a lease for shelter
39costs shall be ineligible for an AFDC-FC rate.

P255  1(2) Lease transactions are subject to restrictions set forth in
2Section 200.465(c) of Title 2 of the Code of Federal Regulations,
3as implemented by the United States Department of Health and
4Human Services in Section 75.465 of Title 45 of the Code of
5Federal Regulations.

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

7

begin deleteSEC. 95.end delete
8
begin insertSEC. 98.end insert  

Section 11463 of the Welfare and Institutions Code,
9as added by Section 85 of Chapter 773 of the Statutes of 2015, is
10amended to read:

11

11463.  

(a) The department shall commence development of
12a new payment structure for the Title IV-E funded foster family
13agency placement option that maximizes federal funding, in
14consultation with county placing agencies.

15(b) The department shall develop a payment system for foster
16family agencies that provide treatment, intensive treatment, and
17therapeutic foster care programs, and shall consider all of the
18following factors:

19(1) Administrative activities that are eligible for federal financial
20participation provided, at county request, for and to county-licensed
21or approved family homes and resource families, intensive case
22management and supervision, and services to achieve legal
23permanency or successful transition to adulthood.

24(2) Social work activities that are eligible for federal financial
25participation under Title IV-E of the Social Security Act.

26(3) Social work and mental health services eligible for federal
27financial participation under Title XIX of the Social Security Act.

28(4) Intensive treatment or therapeutic services in the foster
29family agency.

30(5) Core services, made available to children and nonminor
31dependents either directly or secured through agreements with
32other agencies, which are trauma informed and culturally relevant
33and include:

34(A) Specialty mental health services for children who meet
35medical necessity criteria for specialty mental health services, as
36provided for in Section 1830.205 or 1830.210 of Title 9, of the
37California Code of Regulations.

38(B) Transition support services for children, youth, and families
39upon initial entry and placement changes and for families who
P256  1assume permanency through reunification, adoption, or
2guardianship.

3(C) Educational and physical, behavioral, and mental health
4supports, including extracurricular activities and social supports.

5(D) Activities designed to support transition-age youth and
6nonminor dependents in achieving a successful adulthood.

7(E) Services to achieve permanency, including supporting efforts
8to reunify or achieve adoption or guardianship and efforts to
9maintain or establish relationships with parents, siblings, extended
10family members, tribes, or others important to the child or youth,
11as appropriate.

12(F) When serving Indian children, as defined in subdivisions
13(a) and (b) of Section 224.1, the core services specified in
14subparagraphs (A) to (E), inclusive, shall be provided to eligible
15children consistent with active efforts pursuant to Section 361.7.

16(G) The core services specified in subparagraphs (A) to (F),
17inclusive, are not intended to duplicate services already available
18to foster children in the community, but to support access to those
19services and supports to the extent already available. Those services
20and supports may include, but are not limited to, foster youth
21services available through county offices of education, Indian
22Health Services, and school-based extracurricular activities.

23(6) Staff training.

24(7) Health and Safety Code requirements.

25(8) A process for accreditation that includes all of the following:

26(A) Provision for all licensed foster family agencies to maintain
27in good standing accreditation from a nationally recognized
28accreditation agency with expertise in programs for youth group
29care facilities, as determined by the department.

30(B) Promulgation by the department of information identifying
31the agency or agencies from which accreditation shall be required.

32(C) Provision for timely reporting to the department of any
33change in accreditation status.

34(9) Mental health certification, including a requirement to timely
35 report to the department any change in mental health certificate
36status.

37(10) Populations served, including, but not limited to, any of
38the following:

39(A) (i) Children and youth assessed as seriously emotionally
40disturbed, as described in subdivision (a) of Section 5600.3,
P257  1including those placed out-of-home pursuant to an individualized
2education program developed under Article 2 (commencing with
3Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of
4the Education Code.

5(ii) Children assessed as meeting the medical necessity criteria
6for specialty mental health services, as provided for in Section
71830.205 or 1830.210 of Title 9 of the California Code of
8Regulations.

9(B) AFDC-FC children and youth receiving intensive and
10therapeutic treatment services in a foster family agency.

11(C) AFDC-FC children and youth receiving mental health
12treatment services from a foster family agency.

13(11) Maximization of federal financial participation for Title
14IV-E and Title XIX of the Social Security Act.

15(c) The department shall establish rates pursuant to subdivisions
16(a) and (b) commencing January 1, 2017. The rate structure shall
17include an interim rate, a provisional rate for new foster family
18agency programs, and a probationary rate. The department may
19 issue a one-time reimbursement for accreditation fees incurred
20after August 1, 2016, in an amount and manner determined by the
21department in written directives.

22(1) (A) Initial interim rates developed pursuant to this section
23shall be effective January 1, 2017, through December 31, 2017.

24(B) The initial interim rates developed pursuant to this paragraph
25shall not be lower than the rates proposed as part of the Governor’s
262016 May Revision.

27(C) The initial interim rates set forth in written directives or
28regulations pursuant to paragraph (4) shall become inoperative on
29 January 1, 2018, unless a later enacted statute, that becomes
30operative on or before January 1, 2018, deletes or extends the dates
31on which they become inoperative.

32(D) It is the intent of the Legislature to establish an ongoing
33payment structure no later than January 1, 2020.

34(2) Consistent with Section 11466.01, for provisional and
35probationary rates, the following shall be established:

36(A) Terms and conditions, including the duration of the rate.

37(B) An administrative review process for the rate determinations,
38including denials, reductions, and terminations.

39(C) An administrative review process that includes a
40departmental review, corrective action, and an appeal with the
P258  1department. Notwithstanding the rulemaking provisions of the
2Administrative Procedure Act (Chapter 3.5 (commencing with
3Section 11340) of Part 1 of Division 3 of Title 2 of the Government
4Code), this process shall be disseminated by written directive
5pending the promulgation of regulations.

6(3) (A) (i) The foster family agency rate shall include a basic
7rate pursuant to paragraph (4) of subdivision (g) of Section 11461.
8A child or youth placed in a certified family home or an approved
9resource family of a foster family agency is eligible for the basic
10rate, which shall be passed on to the certified parent or resource
11family along with annual increases set forth in subparagraph (D).

12(ii) A certified family home of a foster family agency shall be
13paid the basic rate as set forth in this paragraph only through
14December 31, 2017.

15(B) The basic rate paid to either a certified family home or an
16approved resource family of a foster family agency shall be paid
17by the agency to the home from the rate that is paid to the agency
18pursuant to this section.

19(C) In addition to the basic rate described in this paragraph, the
20department shall develop foster family agency rates that consider
21specialized programs to serve children with specific needs,
22including, but not limited to, the following:

23(i) Intensive treatment and behavioral needs, including those
24currently being served under intensive treatment foster care.

25(ii) Specialized health care needs.

26(4) Notwithstanding the rulemaking provisions of the
27Administrative Procedure Act (Chapter 3.5 (commencing with
28Section 11340) of Part 1 of Division 3 of Title 2 of the Government
29Code), the foster family agency rates, and the manner in which
30they are determined, shall be set forth in written directives until
31regulations are adopted.

32(d) The department shall develop a system of governmental
33monitoring and oversight that shall be carried out in coordination
34with the State Department of Health Care Services. Oversight
35responsibilities shall include, but not be limited to, ensuring
36conformity with federal and state law, including program, fiscal,
37and health and safety reviews. The state agencies shall attempt to
38minimize duplicative audits and reviews to reduce the
39administrative burden on providers.

P259  1(e) The department shall consider the impact on children and
2youth being transitioned to alternate programs as a result of the
3new ratesetting system.

4

begin deleteSEC. 96.end delete
5
begin insertSEC. 99.end insert  

Section 11463.01 of the Welfare and Institutions
6Code
is repealed.

7

begin deleteSEC. 97.end delete
8
begin insertSEC. 100.end insert  

Section 11463.1 of the Welfare and Institutions
9Code
is repealed.

10

begin deleteSEC. 98.end delete
11
begin insertSEC. 101.end insert  

Section 11465 of the Welfare and Institutions Code
12 is amended to read:

13

11465.  

(a) When a child is living with a parent who receives
14AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
15behalf of the parent shall include an amount for care and
16supervision of the child.

17(b) For each category of eligible licensed community care
18facility, as defined in Section 1502 of the Health and Safety Code,
19the department shall adopt regulations setting forth a uniform rate
20to cover the cost of care and supervision of the child in each
21category of eligible licensed community care facility.

22(c) (1) On and after July 1, 1998, the uniform rate to cover the
23cost of care and supervision of a child pursuant to this section shall
24be increased by 6 percent, rounded to the nearest dollar. The
25resultant amounts shall constitute the new uniform rate.

26(2) (A) On and after July 1, 1999, the uniform rate to cover the
27cost of care and supervision of a child pursuant to this section shall
28be adjusted by an amount equal to the California Necessities Index
29computed pursuant to Section 11453, rounded to the nearest dollar.
30The resultant amounts shall constitute the new uniform rate, subject
31to further adjustment pursuant to subparagraph (B).

32(B) In addition to the adjustment specified in subparagraph (A),
33on and after January 1, 2000, the uniform rate to cover the cost of
34care and supervision of a child pursuant to this section shall be
35increased by 2.36 percent, rounded to the nearest dollar. The
36resultant amounts shall constitute the new uniform rate.

37(3) Subject to the availability of funds, for the 2000-01 fiscal
38year and annually thereafter, these rates shall be adjusted for cost
39of living pursuant to procedures in Section 11453.

P260  1(4) On and after January 1, 2008, the uniform rate to cover the
2cost of care and supervision of a child pursuant to this section shall
3be increased by 5 percent, rounded to the nearest dollar. The
4resulting amount shall constitute the new uniform rate.

5(5) Commencing July 1, 2016, the uniform rate to cover the
6cost of care and supervision of a child pursuant to this section shall
7be supplemented by an additional monthly amount of four hundred
8eighty-nine dollars ($489). This monthly supplement shall only
9be provided if funding for this purpose is appropriated in the annual
10Budget Act.

11(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
12payment made pursuant to this section for care and supervision of
13a child who is living with a teen parent in a whole family foster
14home, as defined in Section 11400, shall equal the basic rate for
15children placed in a licensed or approved home as specified in
16subdivisions (a) to (d), inclusive, and subdivision (g), of Section
1711461.

18(2) (A) The amount paid for care and supervision of a dependent
19infant living with a dependent teen parent receiving AFDC-FC
20benefits in a group home placement shall equal the infant
21supplement rate for group home placements.

22(B) Commencing January 1, 2017, the amount paid for care and
23supervision of a dependent infant living with a dependent teenage
24parent receiving AFDC-FC benefits in a short-term residential
25 therapeutic program shall equal the infant supplement rate for
26short-term residential therapeutic programs established by the
27department.

28(3) (A) The caregiver shall provide the county child welfare
29agency or probation department with a copy of the shared
30responsibility plan developed pursuant to Section 16501.25 and
31shall advise the county child welfare agency or probation
32department of any subsequent changes to the plan. Once the plan
33has been completed and provided to the appropriate agencies, the
34payment made pursuant to this section shall be increased by an
35additional two hundred dollars ($200) per month to reflect the
36increased care and supervision while he or she is placed in the
37whole family foster home.

38(B) A nonminor dependent parent residing in a supervised
39independent living placement, as defined in subdivision (w) of
40Section 11400, who develops a written parenting support plan
P261  1pursuant to Section 16501.26 shall provide the county child welfare
2agency or probation department with a copy of the plan and shall
3advise the county child welfare agency or probation department
4of any subsequent changes to the plan. The payment made pursuant
5to this section shall be increased by an additional two hundred
6dollars ($200) per month after all of the following have been
7satisfied:

8(i) The plan has been completed and provided to the appropriate
9county agency.

10(ii) The plan has been approved by the appropriate county
11agency.

12(iii) The county agency has determined that the identified
13responsible adult meets the criteria specified in Section 16501.27.

14(4) In a year in which the payment provided pursuant to this
15section is adjusted for the cost of living as provided in paragraph
16(1) of subdivision (c), the payments provided for in this subdivision
17shall also be increased by the same procedures.

18(5) A Kin-GAP relative who, immediately prior to entering the
19Kin-GAP program, was designated as a whole family foster home
20shall receive the same payment amounts for the care and
21supervision of a child who is living with a teen parent they received
22in foster care as a whole family foster home.

23(6) On and after January 1, 2012, the rate paid for a child living
24with a teen parent in a whole family foster home as defined in
25Section 11400 shall also be paid for a child living with a nonminor
26dependent parent who is eligible to receive AFDC-FC or Kin-GAP
27pursuant to Section 11403.

28

begin deleteSEC. 99.end delete
29
begin insertSEC. 102.end insert  

Section 11466 of the Welfare and Institutions Code
30 is amended to read:

31

11466.  

For the purposes of this section to Section 11469.1,
32inclusive, “provider” shall mean a group home, short-term
33residential therapeutic program, a foster family agency, and similar
34foster care business entities.

35

begin deleteSEC. 100.end delete
36
begin insertSEC. 103.end insert  

Section 11466.01 is added to the Welfare and
37Institutions Code
, to read:

38

11466.01.  

(a) Commencing January 1, 2017, a provisional
39rate shall be set for all of the following:

P262  1(1) A provider that is granted an extension pursuant to paragraph
2(1) of subdivision (d) of Section 11462.04.

3(2) A provider that is granted an extension pursuant to paragraph
4(2) of subdivision (d) of Section 11462.04.

5(3) A foster family agency licensed on or before January 1,
62017, upon submission of a program statement pursuant to Section
71506.1 of the Health and Safety Code.

8(4) A new short-term residential therapeutic program provider.

9(5) A new foster family agency provider.

10(b) The provisional rate shall be subject to terms and conditions,
11including the duration of the provisional period, set by the
12department.

13(1) For a provider described in paragraph (1) or (3) of
14subdivision (a), a provisional rate may be granted for a period that
15is not extended beyond December 31, 2018.

16(2) For a provider described in paragraph (2) of subdivision (a),
17a provisional rate may be granted and may be reviewed on an
18annual basis, pursuant to paragraph (2) of subdivision (d) of Section
1911462.04.

20(3) For a provider described in paragraph (4) or (5) of
21subdivision (a), a provisional rate may be granted for a period of
22up to 24 months from the date the provider’s license was issued.

23(c) In determining whether to grant, and upon what conditions
24to grant, a provisional rate, the department shall consider factors
25including the following:

26(1) Any prior extension granted pursuant to Section 11462.04
27or 11462.041.

28(2) Any licensing history for any license with which the
29program, or its directors or officers, have been associated.

30(3) Any financial, fiscal, or compliance audit history with which
31the program, or its directors or officers, have been associated.

32(4) Outstanding civil penalties or overpayments with which the
33program, or its directors or officers, have been associated.

34(5) Any violations of state or federal law.

35(d) In determining whether to continue, and upon what
36conditions to continue, a provisional rate, the department shall
37consider those factors specified in subdivision (c), as well as
38compliance with the terms, conditions, and requirements during
39the provisional period.

P263  1(e) In determining whether, at the end of the provisional rate
2period or thereafter, to grant a rate and whether to impose or
3continue, and upon what conditions to impose or continue, a
4probationary rate the department shall consider the factors specified
5in subdivision (c).

6(f) The department shall establish an administrative review
7process for determinations, including denial, rate reduction,
8probation, and termination of the provisional and probationary
9rates. This process shall include a departmental review, corrective
10action, and a protest with the department. Notwithstanding the
11rulemaking provisions of the Administrative Procedure Act
12(Chapter 3.5 (commencing with Section 11340) of Part 1 of
13Division 3 of Title 2 of the Government Code), this process shall
14be disseminated by written directive pending the promulgation of
15regulations.

16(g) (1) (A) For the purposes of this section, a “provisional rate”
17is a prospective rate given to a provider described in subdivision
18(a) based on an assurance to perform in accordance with terms and
19conditions attached to the granting of the provisional rate.

20(B) For the purposes of this section, a “probationary rate” is a
21rate upon which limitations and conditions are imposed as a result
22of violations of terms, conditions, or state or federal law, including
23those set forth in subdivisions (c) and (d).

24(2) (A) At the conclusion of a provisional rate, a probationary
25rate may be imposed, at the discretion of the department, if
26additional oversight is deemed necessary based on the provider’s
27performance during the provisional rate period.

28(B) At any time, a rate may become a probationary rate if
29additional oversight is deemed necessary based on the provider’s
30performance in accordance with terms and conditions attached to
31the granting or maintenance of its rate.

32(C) A probationary rate may be accompanied by a rate reduction.

33

begin deleteSEC. 101.end delete
34
begin insertSEC. 104.end insert  

Section 11466.2 of the Welfare and Institutions
35 Code
, as added by Section 91 of Chapter 773 of the Statutes of
362015, is amended to read:

37

11466.2.  

(a) (1) The department shall perform or have
38performed provider program and fiscal audits as needed. Provider
39programs shall maintain all child-specific, programmatic,
P264  1personnel, fiscal, and other information affecting ratesetting and
2AFDC-FC payments for a period of not less than five years.

3(2) Provider fiscal audits shall be conducted pursuant to Part
4200 (commencing with Section 200.0) of Chapter II of Subtitle A
5of Title 2 of the Code of Federal Regulations, as implemented by
6the United States Department of Health and Human Services in
7Part 75 (commencing with Section 75.1) of Title 45 of the Code
8of Federal Regulations, including uniform administrative
9requirements, cost principles, and audit requirements, as
10specifically implemented in Section 75.106 of Title 45 of the Code
11of Federal Regulations.

12(3) A provider may request a hearing of the department’s audit
13determination under this section no later than 30 days after the
14date the department issues its audit determination. The
15department’s audit determination shall be final if the provider does
16not request a hearing within the prescribed time. Within 60 days
17of receipt of the request for hearing, the department shall conduct
18a hearing on the audit determination. The standard of proof shall
19be the preponderance of the evidence and the burden of proof shall
20be on the department. The hearing officer shall issue the proposed
21decision within 45 days of the close of the evidentiary record. The
22director shall adopt, reject, or modify the proposed decision, or
23 refer the matter back to the hearing officer for additional evidence
24or findings within 100 days of issuance of the proposed decision.
25If the director takes no action on the proposed decision within the
26prescribed time, the proposed decision shall take effect by operation
27of law.

28(b) The department shall develop regulations to correct a
29program’s audit findings, adjust the rate, and recover any
30overpayments resulting from an overstatement of the projected
31level of care and services and other audit findings.

32(c) (1) In any audit conducted by the department, the
33department, or other public or private audit agency with which the
34department contracts, shall coordinate with the department’s
35licensing and ratesetting entities so that a consistent set of
36standards, rules, and auditing protocols are maintained. The
37department, or other public or private audit agency with which the
38department contracts, shall make available to all providers, in
39writing, any standards, rules, and auditing protocols to be used in
40those audits.

P265  1(2) The department shall provide exit interviews with providers,
2whenever deficiencies are found, in which those deficiencies may
3be explained and permit providers an opportunity to respond. The
4department shall adopt regulations specifying the procedure for
5the appeal of audit findings.

6

begin deleteSEC. 102.end delete
7
begin insertSEC. 105.end insert  

Section 11466.21 of the Welfare and Institutions
8Code
is amended to read:

9

11466.21.  

(a) In accordance with subdivision (b), as a
10condition to receive an AFDC-FC rate for a program including,
11but not limited to, a group home, a foster family agency, a
12short-term residential therapeutic program, and other similar
13business entities providing foster care, the following shall apply:

14(1) Any provider who expends in combined federal funds an
15amount at or above the federal funding threshold in accordance
16with the federal Single Audit Act, as amended, and Section 200.501
17of Title 2 of the Code of Federal Regulations, as implemented by
18the United States Department of Health and Human Services in
19Section 75.501 of Title 45 of the Code of Federal Regulations,
20shall arrange to have a financial audit conducted on an annual
21basis, and shall submit the financial audit to the department in
22accordance with regulations adopted by the department, all-county
23letter, or similar written instructions.

24(2) Any provider who expends in combined federal funds an
25amount below the federal funding threshold shall annually submit
26a financial audit to the department pursuant to Generally Accepted
27Government Auditing Standards (GAGAS), and shall submit the
28financial audit to the department in accordance with regulations
29adopted by the department, all-county letter, or similar written
30instructions.

31(3) The scope of the financial audit shall include all of the
32programs and activities operated by the provider and shall not be
33limited to those funded in whole or in part by the AFDC-FC
34program. The financial audits shall include, but not be limited to,
35an evaluation of the expenditures and accounting and control
36systems of the provider.

37(4) The provider shall have its financial audit conducted by
38certified public accountants or by state-licensed public accountants,
39with audit designation, who have no direct or indirect relationship
P266  1with the functions or activities being audited, or with the provider,
2its board of directors, or other governing body, officers, or staff.

3(5) The provider shall have its financial audits conducted in
4accordance with Government Auditing Standards issued by the
5Comptroller General of the United States and in compliance with
6generally accepted accounting principles applicable to private
7entities organized and operated on a nonprofit basis.

8(6) (A) Each provider shall have the flexibility to define the
9calendar months included in its fiscal year.

10(B) A provider may change the definition of its fiscal year.
11However, the financial audit conducted following the change shall
12cover all of the months since the last audit, even though this may
13cover a period that exceeds 12 months.

14(b) (1) In accordance with subdivision (a), as a condition to
15receive an AFDC-FC rate, a provider shall submit a copy of its
16most recent financial audit report, except as provided in paragraph
17(3).

18(2) The department shall terminate the rate of a provider who
19 fails to submit a copy of its most recent financial audit pursuant
20to subdivision (a). A terminated rate shall only be reinstated upon
21the provider’s submission to the department of an acceptable
22financial audit.

23(3) A new provider that has been incorporated for fewer than
2412 calendar months shall not be required to submit a copy of a
25financial audit to receive an AFDC-FC rate for a new program.
26The financial audit shall be conducted on the provider’s next full
27fiscal year of operation. The provider shall submit the financial
28audit to the department in accordance with subdivision (a).

29(c) The department shall issue a management decision letter on
30audit findings, made by the independent auditor or as a result of
31department review, within six months of receipt of the financial
32audit report. The management decision letter shall clearly state
33whether or not the audit finding is sustained, the reasons for the
34decision, and the action or actions expected of the nonprofit
35organization provider to repay disallowed costs, make financial
36adjustments, or take other action.

37(d) Repeated late submission of financial audits, repeat findings
38in financial audits, or failure to comply with corrective action in
39a management decision letter may result in monetary penalties or
40a reduction, suspension, or termination of the provider’s rate in
P267  1accordance with regulations adopted by the department, all-county
2letter, or similar written instructions. This subdivision shall not be
3construed to affect the department’s authority under other
4provisions of law, including, but not limited to, Part 200 of Title
52 of the Code of Federal Regulations, as implemented by the United
6States Department of Health and Human Services in Part 75
7(commencing with Section 75.1) of Title 45 of the Code of Federal
8Regulations.

9

begin deleteSEC. 103.end delete
10
begin insertSEC. 106.end insert  

Section 11466.22 of the Welfare and Institutions
11Code
is amended to read:

12

11466.22.  

(a) It is the intent of the Legislature to ensure overall
13program integrity in the AFDC-FC program through the
14establishment of an effective and efficient process for the collection
15of provider sustained overpayments. Furthermore, the intent of the
16Legislature is to ensure that children placed in AFDC-FC programs,
17including, but not limited to, group homes, short-term residential
18therapeutic programs, and foster family agencies, receive the level
19of care and supervision commensurate with the program’s paid
20rate.

21(b) For the purposes of this section, a provider is a licensee of
22an AFDC-FC program listed in Section 11402, including, but not
23limited to, a group home, short-term residential therapeutic
24program, foster family agency that provides treatment services, or
25a similar business entity, receiving foster care maintenance
26payments under the AFDC-FC program. The department may
27collect a sustained overpayment from the party responsible for the
28sustained overpayment, regardless of whether the party remains
29in the business of providing any AFDC-FC programs, and
30regardless of whether the provider remains licensed by the
31department.

32(c) For the purposes of this section, a provider overpayment is
33an overpayment that results in an audit period when a provider
34receives a rate reimbursement to which it is not entitled. If a
35provider receives a rate reimbursement to which it is not entitled,
36including, but not limited to, the provider failing to maintain a
37license, or failing to maintain its status as a nonprofit organization,
38or due to an overpayment determined as described in paragraph
39(1) of subdivision (d), it shall be liable to repay the overpayment.

P268  1(d) (1) Overpayments shall be determined by either a provider
2audit pursuant to Section 11466.21, a department audit conducted
3pursuant to Section 11466.2, a management decision letter, or a
4provider self-reporting an overpayment. A self-reported
5overpayment may include a finding in the financial audit report
6submitted by the provider whether that finding is formally made
7in the financial audit report or discovered through department
8review of the report or other provider submission.

9(2) If a hearing is not requested, or on the 60th day after an
10informal decision if a provider or the department does not file a
11notice of intent to file a formal appeal, or on the 30th day following
12a formal appeal hearing decision, whichever is latest, a provider
13overpayment shall be sustained for collection purposes and the
14department shall issue a demand letter for repayment of the
15sustained overpayment.

16(3) The department shall establish a voluntary repayment
17agreement procedure with a maximum repayment period of nine
18years. The procedure shall take into account the amount of the
19overpayment, projected annual income of the program that caused
20the overpayment, a minimum repayment amount, including
21principal and interest, of 3 percent of annual income prorated on
22a monthly basis, simple interest for the first seven years of the
23voluntary repayment agreement on the overpayment amount based
24on the Surplus Money Investment Fund, and simple interest for
25the eighth and ninth years of the voluntary repayment agreement
26based on the prime rate at that time plus 3 percent. The department
27may consider renegotiation of a voluntary repayment agreement
28if the department determines that the agreement would cause severe
29harm to children in placement.

30(4) The department shall establish an involuntary overpayment
31collection procedure, that shall take into account the amount of
32the overpayment, projected annual income, a minimum required
33repayment amount, including principal and interest, of 5 percent
34of the annual income prorated on a monthly basis, simple interest
35on the overpayment amount based on the Surplus Money
36Investment Fund, and a maximum repayment period of seven
37years. The department may consider renegotiation of an involuntary
38payment agreement if the department determines that the agreement
39would cause severe harm to children in placement.

P269  1(e) The department shall maintain, by regulation, all-county
2letter, or similar written directive, a procedure for recovery of any
3provider sustained overpayments. The department shall prioritize
4collection methods, which shall include voluntary repayment
5agreement procedures, involuntary overpayment collection
6procedures, including the use of a statutory lien, rate request
7denials, rate decreases, and rate terminations. The department may
8also deny rate requests, including requests for rate increases, or
9program changes or expansions, while an overpayment is due.

10(f) Whenever the department determines that a provider
11sustained overpayment has occurred, the department shall recover
12from the provider the full amount of the sustained overpayment,
13and simple interest on the sustained overpayment amount, pursuant
14to methods described in subdivision (e), against the provider’s
15income or assets.

16(g) If a provider is successful in its appeal of a collected
17overpayment, it shall be repaid the collected overpayment plus
18simple interest based on the Surplus Money Investment Fund.

19

begin deleteSEC. 104.end delete
20
begin insertSEC. 107.end insert  

Section 11466.24 of the Welfare and Institutions
21Code
is amended to read:

22

11466.24.  

(a) In accordance with this section, a county shall
23collect an overpayment, discovered on or after January 1, 1999,
24made to a foster family home, an approved home of a relative,
25including, on and after the date that the director executes a
26declaration pursuant to Section 11217, the home of a Kin-GAP
27guardian, an approved home of a nonrelative extended family
28member, an approved home of a nonrelative legal guardian, a
29resource family, as defined in subdivision (c) of Section 16519.5,
30or the supervised independent living setting where a nonminor
31dependent resides, for any period of time in which the foster child
32was not cared for in that home, unless any of the following
33conditions exist, in which case a county shall not collect the
34overpayment:

35(1) The cost of the collection exceeds that amount of the
36overpayment that is likely to be recovered by the county. The cost
37of collecting the overpayment and the likelihood of collection shall
38be documented by the county. Costs that the county shall consider
39when determining the cost-effectiveness to collect are total
P270  1administrative, personnel, legal filing fee, and investigative costs,
2and any other applicable costs.

3(2) The child was temporarily removed from the home and
4payment was owed to the provider to maintain the child’s
5placement, or the child was temporarily absent from the provider’s
6home, or on runaway status and subsequently returned, and
7payment was made to the provider to meet the child’s needs.

8(3) The overpayment was exclusively the result of a county
9administrative error or both the county welfare department and
10the provider or nonminor dependent were unaware of the
11information that would establish that the foster child or nonminor
12dependent was not eligible for foster care benefits.

13(4) The provider or nonminor dependent did not have knowledge
14of, and did not contribute to, the cause of the overpayment.

15(b) (1) After notification by a county of an overpayment to a
16foster family home, an approved home of a relative, including the
17home of a Kin-GAP guardian, or a nonrelative extended family
18member, approved home of a nonrelative legal guardian, a resource
19family, or the supervised independent living setting where the
20nonminor dependent resides, and a demand letter for repayment,
21the foster parent, approved relative, approved nonrelative legal
22guardian, resource family, or nonminor dependent may request
23the county welfare department to review the overpayment
24determination in an informal hearing, or may file with the
25department a request for a hearing to appeal the overpayment
26determination. Requesting an informal hearing shall not preclude
27a payee from seeking a formal hearing at a later date. The county
28welfare department shall dismiss the overpayment repayment
29request if it determines the action to be incorrect through an initial
30review prior to a state hearing, or through a review in an informal
31hearing held at the request of the foster parent, relative, nonrelative
32legal guardian, or nonminor dependent.

33(2) If an informal hearing does not result in the dismissal of the
34overpayment, or a formal appeal hearing is not requested, or on
35the 30th day following a formal appeal hearing decision, whichever
36is later, the foster family provider overpayment shall be sustained
37for collection purposes.

38(3) The department shall adopt regulations that ensure that the
39best interests of the child or nonminor dependent shall be the
P271  1primary concern of the county welfare director in any repayment
2agreement.

3(c) (1) The department shall develop regulations for recovery
4of overpayments made to any foster family home, approved home
5of a relative, including the home of a Kin-GAP guardian, approved
6home of a nonrelative legal guardian, resource family, or supervised
7independent living setting where a nonminor dependent resides.
8The regulations shall prioritize collection methods, that shall
9include voluntary repayment agreement procedures and involuntary
10overpayment collection procedures. These procedures shall take
11into account the amount of the overpayment and a minimum
12required payment amount.

13(2) A county shall not collect an overpayment through the use
14of an involuntary payment agreement unless a foster family home,
15an approved home of a relative, including the home of a Kin-GAP
16guardian, approved home of a nonrelative legal guardian, resource
17family, or supervised independent living setting where a nonminor
18dependent resides has rejected the offer of a voluntary overpayment
19agreement, or has failed to comply with the terms of the voluntary
20overpayment agreement.

21(3) A county shall not be permitted to collect an overpayment
22through the offset of payments due to a foster family home, an
23approved home of a relative, including the home of a Kin-GAP
24guardian, approved home of a nonrelative legal guardian, resource
25family, or supervised independent living setting where a nonminor
26dependent resides, unless this method of repayment is requested
27by the provider or nonminor dependent in a voluntary repayment
28agreement, or other circumstances defined by the department by
29regulation.

30(d) If a provider or nonminor dependent is successful in its
31appeal of a collected overpayment, it shall be repaid the collected
32overpayment plus simple interest based on the Surplus Money
33Investment Fund.

34(e) A county may not collect interest on the repayment of an
35overpayment.

36(f) There shall be a one-year statute of limitations from the date
37upon which the county determined that there was an overpayment.

38

begin deleteSEC. 105.end delete
39
begin insertSEC. 108.end insert  

Section 11466.25 of the Welfare and Institutions
40Code
is amended to read:

P272  1

11466.25.  

Interest begins to accrue on a provider overpayment
2or penalty on the date of the issuance of the penalty, the date of
3issuance of the final audit report, or the date of the issuance of a
4management decision letter in accordance with Section 11466.21,
5or the date that a provider self-reports an overpayment.

6

begin deleteSEC. 106.end delete
7
begin insertSEC. 109.end insert  

Section 11466.31 of the Welfare and Institutions
8Code
is amended to read:

9

11466.31.  

(a) When it has been determined that a provider
10participating in the AFDC-FC program owes an overpayment that
11is due and payable, the department may implement involuntary
12offset collection procedures to collect sustained overpayments
13from a provider if the provider does not enter into a voluntary
14repayment agreement with the department or the provider has three
15outstanding payments on a voluntary repayment agreement before
16the overpayment is repaid.

17(b) The minimum monthly overpayment offset amount from
18monthly rate reimbursements shall be determined using the
19involuntary collection procedures developed pursuant to paragraph
20(4) of subdivision (d) of Section 11466.22. Overpayments shall
21be offset against current monthly rate reimbursement payments
22due and payable to a provider under this chapter.

23(c) Failure to repay an overpayment shall be grounds for
24termination of the provider’s rate and shall result in a referral to
25the department’s Community Care Licensing Division for license
26revocation.

27

begin deleteSEC. 107.end delete
28
begin insertSEC. 110.end insert  

Section 11466.32 of the Welfare and Institutions
29Code
is amended to read:

30

11466.32.  

(a) If a provider that owes a sustained overpayment
31pursuant to paragraph (2) of subdivision (d) of Section 11466.22
32does not enter into a voluntary repayment agreement with the
33department, or the provider has three outstanding payments on a
34voluntary repayment agreement before the overpayment is repaid,
35in addition to the monthly overpayment offset amount, 50 percent
36of any increases resulting from California Necessities Index (CNI)
37adjustments and provider’s rate adjustments to the standard rate
38that are due to a provider shall be withheld until the sustained
39overpayment amount is collected. Once the overpayment amount
40is collected, the provider shall begin to prospectively receive the
P273  1full amount of any California Necessities Index and rate adjustment
2to which it is entitled.

3(b) Any provider subject to involuntary repayment of a sustained
4overpayment pursuant to Section 11466.31 shall be ineligible to
5receive any rate increase or program change or expansion, until
6the repayment is completed or until the host county or the primary
7placement county provide the department with a request for waiver
8of this paragraph.

9

begin deleteSEC. 108.end delete
10
begin insertSEC. 111.end insert  

Section 11468 of the Welfare and Institutions Code
11 is amended to read:

12

11468.  

The department shall establish and maintain
13administrative procedures to review the rate set by the department
14for AFDC-FC programs, including, but not limited to, group
15homes, short-term residential therapeutic programs, and foster
16family agencies that provide treatment services.

17

begin deleteSEC. 109.end delete
18
begin insertSEC. 112.end insert  

Section 11469 of the Welfare and Institutions Code
19 is amended to read:

20

11469.  

(a) The department shall develop, following
21consultation with group home providers, the County Welfare
22Directors Association of California, the Chief Probation Officers
23of California, the County Behavioral Health Directors Association
24of California, the State Department of Health Care Services, and
25stakeholders, performance standards and outcome measures for
26determining the effectiveness of the care and supervision, as
27defined in subdivision (b) of Section 11460, provided by group
28homes under the AFDC-FC program pursuant to Sections 11460
29and 11462. These standards shall be designed to measure group
30home program performance for the client group that the group
31home program is designed to serve.

32(1) The performance standards and outcome measures shall be
33designed to measure the performance of group home programs in
34areas over which the programs have some degree of influence, and
35in other areas of measurable program performance that the
36department can demonstrate are areas over which group home
37programs have meaningful managerial or administrative influence.

38(2) These standards and outcome measures shall include, but
39are not limited to, the effectiveness of services provided by each
40group home program, and the extent to which the services provided
P274  1by the group home assist in obtaining the child welfare case plan
2objectives for the child.

3(3) In addition, when the group home provider has identified
4as part of its program for licensing, ratesetting, or county placement
5purposes, or has included as a part of a child’s case plan by mutual
6agreement between the group home and the placing agency,
7specific mental health, education, medical, and other child-related
8services, the performance standards and outcome measures may
9also measure the effectiveness of those services.

10(b) Regulations regarding the implementation of the group home
11performance standards system required by this section shall be
12adopted no later than one year prior to implementation. The
13regulations shall specify both the performance standards system
14and the manner by which the AFDC-FC rate of a group home
15program shall be adjusted if performance standards are not met.

16(c) Except as provided in subdivision (d), effective July 1, 1995,
17group home performance standards shall be implemented. Any
18group home program not meeting the performance standards shall
19have its AFDC-FC rate, set pursuant to Section 11462, adjusted
20according to the regulations required by this section.

21(d) A group home program shall be classified at rate
22classification level 13 or 14 only if it has been granted an extension
23pursuant to subdivision (d) of Section 11462.04 and all of the
24following are met:

25(1) The program generates the requisite number of points for
26rate classification level 13 or 14.

27(2) The program only accepts children with special treatment
28needs as determined through the assessment process pursuant to
29paragraph (2) of subdivision (a) of Section 11462.01.

30(3) The program meets the performance standards designed
31pursuant to this section.

32(e) Notwithstanding subdivision (c), the group home program
33performance standards system shall not be implemented prior to
34the implementation of the AFDC-FC performance standards
35system.

36(f) On or before January 1, 2016, the department shall develop,
37following consultation with the County Welfare Directors
38Association of California, the Chief Probation Officers of
39California, the County Behavioral Health Directors Association
40of California, research entities, foster children, advocates for foster
P275  1children, foster care provider business entities organized and
2operated on a nonprofit basis, Indian tribes, and other stakeholders,
3additional performance standards and outcome measures that
4 require group homes to implement programs and services to
5minimize law enforcement contacts and delinquency petition filings
6arising from incidents of allegedly unlawful behavior by minors
7occurring in group homes or under the supervision of group home
8staff, including individualized behavior management programs,
9emergency intervention plans, and conflict resolution processes.

10(g) On or before January 1, 2017, the department shall develop,
11following consultation with the County Welfare Directors
12Association of California, the Chief Probation Officers of
13California, the County Behavioral Health Directors Association
14of California, the Medical Board of California, research entities,
15foster children advocates for foster children, foster care provider
16business entities organized and operated on a nonprofit basis,
17Indian tribes, and other stakeholders, additional performance
18standards and outcome measures that require group homes and
19short-term residential therapeutic programs to implement
20alternative programs and services, including individualized
21behavior management programs, emergency intervention plans,
22and conflict resolution processes.

23(h) Performance standards and outcome measures developed
24pursuant to this section shall apply to short-term residential
25therapeutic programs.

26

begin deleteSEC. 110.end delete
27
begin insertSEC. 113.end insert  

Section 16000 of the Welfare and Institutions Code
28 is amended to read:

29

16000.  

(a) It is the intent of the Legislature to preserve and
30strengthen a child’s family ties whenever possible, removing the
31child from the custody of his or her parents only when necessary
32for his or her welfare or for the safety and protection of the public.
33If a child is removed from the physical custody of his or her
34parents, preferential consideration shall be given whenever possible
35to the placement of the child with the relative as required by
36Section 7950 of the Family Code. If the child is removed from his
37or her own family, it is the purpose of this chapter to secure as
38nearly as possible for the child the custody, care, and discipline
39equivalent to that which should have been given to the child by
40his or her parents. It is further the intent of the Legislature to
P276  1reaffirm its commitment to children who are in out-of-home
2placement to live in the least restrictive family setting promoting
3normal childhood experiences that is suited to meet the child’s or
4youth’s individual needs, and to live as close to the child’s family
5as possible pursuant to subdivision (c) of Section 16501.1. Family
6reunification services shall be provided for expeditious
7reunification of the child with his or her family, as required by
8law. If reunification is not possible or likely, a permanent
9alternative shall be developed.

10(b) It is further the intent of the Legislature that all children live
11with a committed, permanent, and nurturing family. Services and
12supports should be tailored to meet the needs of the individual
13child and family being served, with the ultimate goal of maintaining
14the family, or when this is not possible, transitioning the child or
15youth to a permanent family or preparing the child or youth for a
16successful transition into adulthood. When needed, short-term
17residential therapeutic program services are a short-term,
18specialized, and intensive intervention that is just one part of a
19continuum of care available for children, youth, young adults, and
20their families.

21(c) It is further the intent of the Legislature to ensure that all
22pupils in foster care and those who are homeless as defined by the
23federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
24Sec. 11301 et seq.) have the opportunity to meet the challenging
25state pupil academic achievement standards to which all pupils
26are held. In fulfilling their responsibilities to pupils in foster care,
27educators, county placing agencies, care providers, advocates, and
28the juvenile courts shall work together to maintain stable school
29 placements and to ensure that each pupil is placed in the least
30restrictive educational programs, and has access to the academic
31resources, services, and extracurricular and enrichment activities
32that are available to all pupils. In all instances, educational and
33school placement decisions shall be based on the best interests of
34the child.

35

begin deleteSEC. 111.end delete
36
begin insertSEC. 114.end insert  

Section 16501 of the Welfare and Institutions Code
37 is amended to read:

38

16501.  

(a) (1) As used in this chapter, “child welfare services”
39means public social services that are directed toward the
40accomplishment of any or all of the following purposes: protecting
P277  1and promoting the welfare of all children, including disabled,
2homeless, dependent, or neglected children; preventing or
3remedying, or assisting in the solution of problems which may
4result in, the neglect, abuse, exploitation, or delinquency of
5children; preventing the unnecessary separation of children from
6their families by identifying family problems, assisting families
7in resolving their problems, and preventing breakup of the family
8where the prevention of child removal is desirable and possible;
9restoring to their families children who have been removed, by
10the provision of services to the child and the families; identifying
11children to be placed in suitable adoptive homes, in cases where
12restoration to the biological family is not possible or appropriate;
13and ensuring adequate care of children away from their homes, in
14cases where the child cannot be returned home or cannot be placed
15for adoption.

16(2) “Child welfare services” also means services provided on
17behalf of children alleged to be the victims of child abuse, neglect,
18or exploitation. The child welfare services provided on behalf of
19each child represent a continuum of services, including emergency
20response services, family preservation services, family maintenance
21services, family reunification services, and permanent placement
22services, including supportive transition services. The individual
23child’s case plan is the guiding principle in the provision of these
24services. The case plan shall be developed within a maximum of
2560 days of the initial removal of the child or of the in-person
26response required under subdivision (f) if the child has not been
27removed from his or her home, or by the date of the dispositional
28hearing pursuant to Section 358, whichever comes first.

29(3) “Child welfare services” are best provided in a framework
30that integrates service planning and delivery among multiple
31service systems, including the mental health system, using a
32team-based approach, such as a child and family team. A child
33and family team brings together individuals that engage with the
34child or youth and family in assessing, planning, and delivering
35services consistent with paragraph (1) of subdivision (d) of Section
3616501.1. Use of a team approach increases efficiency, and thus
37reduces cost, by increasing coordination of formal services and
38integrating the natural and informal supports available to the child
39or youth and family.

P278  1(4) “Child and family team” means a group of individuals who
2are convened by the placing agency and who are engaged through
3a variety of team-based processes to identify the strengths and
4needs of the child or youth and his or her family, and to help
5achieve positive outcomes for safety, permanency, and well-being.

6(A) The activities of the team shall include, but not be limited
7to, both of the following:

8(i) Providing input into the development of a child and family
9plan that is strengths-based, needs-driven, and culturally relevant.

10(ii) Providing input into the placement decision made by the
11placing agency and the services to be provided in order to support
12the child or youth.

13(B)  The child and family team process shall engage the child
14or youth, the child’s family, and other people important to the
15family or to the child or youth in meeting the objectives set forth
16in subparagraph (A). The child and family team shall also include
17representatives who provide formal supports to the child or youth
18and family when appropriate, including, but not limited to, the
19caregiver, the placing agency caseworker, a representative from a
20foster family agency or short-term residential therapeutic program
21with which a child or youth is placed, a county mental health
22representative, a representative from the regional center when the
23child is eligible for regional center service, and a representative
24of the child’s or youth’s tribe or Indian custodian, as applicable.
25As appropriate, the child and family team also may include other
26formal supports, such as substance use disorder treatment
27professionals and educational professionals, providing services to
28the child or youth and family. For purposes of this definition, the
29child and family team also may include extended family and
30informal support persons, such as friends, coaches, faith-based
31connections, and tribes as identified by the child or youth and
32family. If placement into a short-term residential therapeutic
33program or a foster family agency that provides treatment services
34has occurred or is being considered, the mental health
35representative is required to be a licensed mental health
36professional. Any party to the child’s case who is represented by
37an attorney may consult with his or her attorney regarding this
38process. The child or youth and his or her family may request
39specific persons to be included on the child and family team.
P279  1Nothing shall preclude another agency serving the child or youth
2from convening a team in collaboration with the placing agency.

3(5) Child welfare services may include, but are not limited to,
4a range of service-funded activities, including case management,
5counseling, emergency shelter care, emergency in-home caretakers,
6temporary in-home caretakers, respite care, therapeutic day
7services, teaching and demonstrating homemakers, parenting
8training, substance abuse testing, and transportation. These
9service-funded activities shall be available to children and their
10families in all phases of the child welfare program in accordance
11with the child’s case plan and departmental regulations. Funding
12for services is limited to the amount appropriated in the annual
13Budget Act and other available county funds.

14(6) Service-funded activities to be provided may be determined
15by each county, based upon individual child and family needs as
16reflected in the service plan.

17(7) As used in this chapter, “emergency shelter care” means
18emergency shelter provided to children who have been removed
19pursuant to Section 300 from their parent or parents or their
20guardian or guardians. The department may establish, by
21regulation, the time periods for which emergency shelter care shall
22be funded. For the purposes of this paragraph, “emergency shelter
23care” may include “transitional shelter care facilities” as defined
24in paragraph (11) of subdivision (a) of Section 1502 of the Health
25and Safety Code.

26(b) As used in this chapter, “respite care” means temporary care
27for periods not to exceed 72 hours, and, in order to preserve the
28placement, may be extended up to 14 days in any one month
29pending the development of policies and regulations in consultation
30with county placing agencies and stakeholders. This care may be
31provided to the child’s parents or guardians. This care shall not be
32limited by regulation to care over 24 hours. These services shall
33not be provided for the purpose of routine, ongoing child care.

34(c) The county shall provide child welfare services as needed
35pursuant to an approved service plan and in accordance with
36regulations promulgated, in consultation with the counties, by the
37department. Counties may contract for service-funded activities
38as defined in paragraph (1) of subdivision (a). Counties shall not
39contract for needs assessment, client eligibility determination, or
40any other activity as specified by regulations of the State
P280  1Department of Social Services, except as specifically authorized
2in Section 16100.

3(d) Nothing in this chapter shall be construed to affect duties
4which are delegated to probation officers pursuant to Sections 601
5 and 654.

6(e) Any county may utilize volunteer individuals to supplement
7professional child welfare services by providing ancillary support
8services in accordance with regulations adopted by the State
9Department of Social Services.

10(f) As used in this chapter, emergency response services consist
11of a response system providing in-person response, 24 hours a day,
12seven days a week, to reports of abuse, neglect, or exploitation, as
13required by Article 2.5 (commencing with Section 11164) of
14Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of
15investigation pursuant to Section 11166 of the Penal Code and to
16determine the necessity for providing initial intake services and
17crisis intervention to maintain the child safely in his or her own
18home or to protect the safety of the child. County welfare
19departments shall respond to any report of imminent danger to a
20child immediately and all other reports within 10 calendar days.
21An in-person response is not required when the county welfare
22department, based upon an evaluation of risk, determines that an
23in-person response is not appropriate. This evaluation includes
24collateral, contacts, a review of previous referrals, and other
25relevant information, as indicated.

26(g) As used in this chapter, family maintenance services are
27activities designed to provide in-home protective services to
28prevent or remedy neglect, abuse, or exploitation, for the purposes
29of preventing separation of children from their families.

30(h) As used in this chapter, family reunification services are
31activities designed to provide time-limited foster care services to
32prevent or remedy neglect, abuse, or exploitation, when the child
33cannot safely remain at home, and needs temporary foster care,
34while services are provided to reunite the family.

35(i) (1) As used in this chapter, permanent placement services
36are activities designed to provide an alternate permanent family
37structure for children who because of abuse, neglect, or exploitation
38cannot safely remain at home and who are unlikely to ever return
39home. These services shall be provided on behalf of children for
40whom there has been a judicial determination of a permanent plan
P281  1for adoption, legal guardianship, placement with a fit and willing
2relative, or continued foster care placement, and, as needed, shall
3include supportive transition services to nonminor dependents, as
4described in subdivision (v) of Section 11400.

5(2) For purposes of this section, “another planned permanent
6living arrangement” means a permanent plan ordered by the court
7for a child 16 years of age or older or a nonminor dependent, when
8there is a compelling reason or reasons to determine that it is not
9in the best interest of the child or nonminor dependent to return
10home, be placed for adoption, be placed for tribal customary
11adoption in the case of an Indian child, or be placed with a fit and
12willing relative. Placement in a group home, or, on and after
13January 1, 2017, a short-term residential therapeutic program, shall
14not be the identified permanent plan for any child or nonminor
15dependent.

16(j) As used in this chapter, family preservation services include
17those services specified in Section 16500.5 to avoid or limit
18out-of-home placement of children, and may include those services
19specified in that section to place children in the least restrictive
20environment possible.

21(k) (1) (A) In any county electing to implement this
22subdivision, all county welfare department employees who have
23frequent and routine contact with children shall, by February 1,
241997, and all welfare department employees who are expected to
25have frequent and routine contact with children and who are hired
26on or after January 1, 1996, and all such employees whose duties
27change after January 1, 1996, to include frequent and routine
28contact with children, shall, if the employees provide services to
29children who are alleged victims of abuse, neglect, or exploitation,
30sign a declaration under penalty of perjury regarding any prior
31criminal conviction, and shall provide a set of fingerprints to the
32county welfare director.

33(B) The county welfare director shall secure from the
34Department of Justice a criminal record to determine whether the
35 employee has ever been convicted of a crime other than a minor
36traffic violation. The Department of Justice shall deliver the
37criminal record to the county welfare director.

38(C) If it is found that the employee has been convicted of a
39crime, other than a minor traffic violation, the county welfare
40director shall determine whether there is substantial and convincing
P282  1evidence to support a reasonable belief that the employee is of
2good character so as to justify frequent and routine contact with
3children.

4(D) No exemption shall be granted pursuant to subparagraph
5(C) if the person has been convicted of a sex offense against a
6minor, or has been convicted of an offense specified in Section
7220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in
8paragraph (1) of Section 273a of, or subdivision (a) or (b) of
9Section 368 of, the Penal Code, or has been convicted of an offense
10 specified in subdivision (c) of Section 667.5 of the Penal Code.
11The county welfare director shall suspend such a person from any
12duties involving frequent and routine contact with children.

13(E) Notwithstanding subparagraph (D), the county welfare
14director may grant an exemption if the employee or prospective
15employee, who was convicted of a crime against an individual
16specified in paragraph (1) or (7) of subdivision (c) of Section 667.5
17of the Penal Code, has been rehabilitated as provided in Section
184852.03 of the Penal Code and has maintained the conduct required
19in Section 4852.05 of the Penal Code for at least 10 years and has
20the recommendation of the district attorney representing the
21employee’s or prospective employee’s county of residence, or if
22the employee or prospective employee has received a certificate
23of rehabilitation pursuant to Chapter 3.5 (commencing with Section
244852.01) of Title 6 of Part 3 of the Penal Code. In that case, the
25county welfare director may give the employee or prospective
26employee an opportunity to explain the conviction and shall
27consider that explanation in the evaluation of the criminal
28conviction record.

29(F) If no criminal record information has been recorded, the
30county welfare director shall cause a statement of that fact to be
31included in that person’s personnel file.

32(2) For purposes of this subdivision, a conviction means a plea
33or verdict of guilty or a conviction following a plea of nolo
34contendere. Any action that the county welfare director is permitted
35to take following the establishment of a conviction may be taken
36when the time for appeal has elapsed, or the judgment of conviction
37has been affirmed on appeal or when an order granting probation
38is made suspending the imposition of sentence, notwithstanding
39a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
40Penal Code permitting the person to withdraw his or her plea of
P283  1guilty and to enter a plea of not guilty, or setting aside the verdict
2of guilty, or dismissing the accusation, information, or indictment.
3For purposes of this subdivision, the record of a conviction, or a
4copy thereof certified by the clerk of the court or by a judge of the
5court in which the conviction occurred, shall be conclusive
6evidence of the conviction.

7

begin deleteSEC. 112.end delete
8
begin insertSEC. 115.end insert  

Section 16501.1 of the Welfare and Institutions
9Code
is amended to read:

10

16501.1.  

(a) (1) The Legislature finds and declares that the
11foundation and central unifying tool in child welfare services is
12the case plan.

13(2) The Legislature further finds and declares that a case plan
14ensures that the child receives protection and safe and proper care
15and case management, and that services are provided to the child
16and parents or other caretakers, as appropriate, in order to improve
17conditions in the parent’s home, to facilitate the safe return of the
18child to a safe home or the permanent placement of the child, and
19to address the needs of the child while in foster care.

20(3) The agency shall consider the recommendations of the child
21and family team, as defined in paragraph (4) of subdivision (a) of
22Section 16501, if any are available. The agency shall document
23the rationale for any inconsistencies between the case plan and the
24child and family team recommendations.

25(b) (1) A case plan shall be based upon the principles of this
26section and the input from the child and family team.

27(2) The case plan shall document that a preplacement assessment
28of the service needs of the child and family, and preplacement
29preventive services, have been provided, and that reasonable efforts
30to prevent out-of-home placement have been made. Preplacement
31services may include intensive mental health services in the home
32or a community setting and the reasonable efforts made to prevent
33out-of-home placement.

34(3) In determining the reasonable services to be offered or
35 provided, the child’s health and safety shall be the paramount
36concerns.

37(4) Upon a determination pursuant to paragraph (1) of
38subdivision (e) of Section 361.5 that reasonable services will be
39offered to a parent who is incarcerated in a county jail or state
40prison, detained by the United States Department of Homeland
P284  1Security, or deported to his or her country of origin, the case plan
2shall include information, to the extent possible, about a parent’s
3incarceration in a county jail or the state prison, detention by the
4United States Department of Homeland Security, or deportation
5during the time that a minor child of that parent is involved in
6dependency care.

7(5) Reasonable services shall be offered or provided to make it
8possible for a child to return to a safe home environment, unless,
9pursuant to subdivisions (b) and (e) of Section 361.5, the court
10determines that reunification services shall not be provided.

11(6) If reasonable services are not ordered, or are terminated,
12reasonable efforts shall be made to place the child in a timely
13manner in accordance with the permanent plan and to complete
14all steps necessary to finalize the permanent placement of the child.

15(c) If out-of-home placement is used to attain case plan goals,
16the case plan shall consider the recommendations of the child and
17family team.

18(d) (1) The case plan shall include a description of the type of
19home or institution in which the child is to be placed, and the
20reasons for that placement decision. The decision regarding choice
21of placement shall be based upon selection of a safe setting that is
22the least restrictive family setting that promotes normal childhood
23experiences and the most appropriate setting that meets the child’s
24individual needs and is available, in proximity to the parent’s home,
25in proximity to the child’s school, and consistent with the selection
26of the environment best suited to meet the child’s special needs
27and best interests. The selection shall consider, in order of priority,
28placement with relatives, nonrelated extended family members,
29and tribal members; foster family homes, resource families, and
30nontreatment certified homes of foster family agencies; followed
31by treatment and intensive treatment certified homes of foster
32family agencies; or multidimensional treatment foster care homes
33or therapeutic foster care homes; group care placements in the
34order of short-term residential therapeutic programs, group homes,
35community treatment facilities, and out-of-state residential
36treatment pursuant to Part 5 (commencing with Section 7900) of
37Division 12 of the Family Code.

38(2) If a short-term residential therapeutic program placement is
39selected for a child, the case plan shall indicate the needs of the
40child that necessitate this placement, the plan for transitioning the
P285  1child to a less restrictive environment, and the projected timeline
2by which the child will be transitioned to a less restrictive
3environment. This section of the case plan shall be reviewed and
4updated at least semiannually.

5(A) The case plan for placements in a group home, or
6commencing January 1, 2017, in a short-term residential therapeutic
7program, shall indicate that the county has taken into consideration
8Section 16010.8.

9(B) After January 1, 2017, a child and family team meeting as
10defined in Section 16501 shall be convened by the county placing
11agency for the purpose of identifying the supports and services
12needed to achieve permanency and enable the child or youth to be
13placed in the least restrictive family setting that promotes normal
14childhood experiences.

15(3) On or after January 1, 2012, for a nonminor dependent, as
16defined in subdivision (v) of Section 11400, who is receiving
17AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
18in addition to the above requirements, the selection of the
19placement, including a supervised independent living placement,
20as described in subdivision (w) of Section 11400, shall also be
21based upon the developmental needs of young adults by providing
22opportunities to have incremental responsibilities that prepare a
23nonminor dependent to transition to successful adulthood. If
24admission to, or continuation in, a group home or short-term
25residential therapeutic program placement is being considered for
26a nonminor dependent, the group home or short-term residential
27therapeutic program placement approval decision shall include a
28youth-driven, team-based case planning process, as defined by the
29department, in consultation with stakeholders. The case plan shall
30consider the full range of placement options, and shall specify why
31admission to, or continuation in, a group home placement is the
32best alternative available at the time to meet the special needs or
33well-being of the nonminor dependent, and how the placement
34will contribute to the nonminor dependent’s transition to successful
35adulthood. The case plan shall specify the treatment strategies that
36will be used to prepare the nonminor dependent for discharge to
37a less restrictive family setting that promotes normal childhood
38experiences, including a target date for discharge from the group
39home placement. The placement shall be reviewed and updated
40on a regular, periodic basis to ensure that continuation in the group
P286  1home placement remains in the best interests of the nonminor
2dependent and that progress is being made in achieving case plan
3goals leading to successful adulthood. The group home placement
4planning process shall begin as soon as it becomes clear to the
5county welfare department or probation office that a foster child
6in group home placement is likely to remain in group home
7placement on his or her 18th birthday, in order to expedite the
8transition to a less restrictive family setting that promotes normal
9childhood experiences, if he or she becomes a nonminor dependent.
10The case planning process shall include informing the youth of all
11of his or her options, including, but not limited to, admission to
12or continuation in a group home placement. Consideration for
13continuation of existing group home placement for a nonminor
14dependent under 19 years of age may include the need to stay in
15the same placement in order to complete high school. After a
16nonminor dependent either completes high school or attains his or
17her 19th birthday, whichever is earlier, continuation in or admission
18to a group home placement is prohibited unless the nonminor
19dependent satisfies the conditions of paragraph (5) of subdivision
20(b) of Section 11403, and group home placement functions as a
21short-term transition to the appropriate system of care. Treatment
22 services provided by the group home placement to the nonminor
23dependent to alleviate or ameliorate the medical condition, as
24described in paragraph (5) of subdivision (b) of Section 11403,
25shall not constitute the sole basis to disqualify a nonminor
26dependent from the group home placement.

27(4) In addition to the requirements of paragraphs (1) to (3),
28inclusive, and taking into account other statutory considerations
29regarding placement, the selection of the most appropriate home
30that will meet the child’s special needs and best interests shall also
31promote educational stability by taking into consideration
32proximity to the child’s school of origin, and school attendance
33area, the number of school transfers the child has previously
34experienced, and the child’s school matriculation schedule, in
35addition to other indicators of educational stability that the
36Legislature hereby encourages the State Department of Social
37Services and the State Department of Education to develop.

38(e) A written case plan shall be completed within a maximum
39of 60 days of the initial removal of the child or of the in-person
40response required under subdivision (f) of Section 16501 if the
P287  1child has not been removed from his or her home, or by the date
2of the dispositional hearing pursuant to Section 358, whichever
3occurs first. The case plan shall be updated, as the service needs
4of the child and family dictate. At a minimum, the case plan shall
5be updated in conjunction with each status review hearing
6conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
7the hearing conducted pursuant to Section 366.26, but no less
8frequently than once every six months. Each updated case plan
9shall include a description of the services that have been provided
10to the child under the plan and an evaluation of the appropriateness
11and effectiveness of those services.

12(1) It is the intent of the Legislature that extending the maximum
13time available for preparing a written case plan from 30 to 60 days
14will afford caseworkers time to actively engage families, and to
15solicit and integrate into the case plan the input of the child and
16the child’s family, as well as the input of relatives and other
17interested parties.

18(2) The extension of the maximum time available for preparing
19a written case plan from the 30 to 60 days shall be effective 90
20days after the date that the department gives counties written notice
21that necessary changes have been made to the Child Welfare
22Services/Case Management System (CWS/CMS) to account for
23the 60-day timeframe for preparing a written case plan.

24(f) The child welfare services case plan shall be comprehensive
25enough to meet the juvenile court dependency proceedings
26requirements pursuant to Article 6 (commencing with Section 300)
27of Chapter 2 of Part 1 of Division 2.

28(g) The case plan shall be developed considering the
29recommendations of the child and family team, as follows:

30(1) The case plan shall be based upon an assessment of the
31circumstances that required child welfare services intervention.
32The child shall be involved in developing the case plan as age and
33developmentally appropriate.

34(2) The case plan shall identify specific goals and the
35appropriateness of the planned services in meeting those goals.

36(3) The case plan shall identify the original allegations of abuse
37or neglect, as defined in Article 2.5 (commencing with Section
3811164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
39 conditions cited as the basis for declaring the child a dependent of
40the court pursuant to Section 300, or all of these, and the other
P288  1precipitating incidents that led to child welfare services
2intervention.

3(4) The case plan shall include a description of the schedule of
4the placement agency contacts with the child and the family or
5other caretakers. The frequency of these contacts shall be in
6accordance with regulations adopted by the State Department of
7Social Services. If the child has been placed in foster care out of
8state, the county social worker or probation officer, or a social
9worker or probation officer on the staff of the agency in the state
10in which the child has been placed, shall visit the child in a foster
11family home or the home of a relative, consistent with federal law
12and in accordance with the department’s approved state plan. For
13children in out-of-state group home facilities, visits shall be
14conducted at least monthly, pursuant to Section 16516.5. At least
15once every six months, at the time of a regularly scheduled
16placement agency contact with the foster child, the child’s social
17worker or probation officer shall inform the child of his or her
18rights as a foster child, as specified in Section 16001.9. The social
19worker or probation officer shall provide the information to the
20child in a manner appropriate to the age or developmental level of
21the child.

22(5) (A) When out-of-home services are used, the frequency of
23contact between the natural parents or legal guardians and the child
24shall be specified in the case plan. The frequency of those contacts
25shall reflect overall case goals, and consider other principles
26outlined in this section.

27(B) Information regarding any court-ordered visitation between
28the child and the natural parents or legal guardians, and the terms
29and conditions needed to facilitate the visits while protecting the
30safety of the child, shall be provided to the child’s out-of-home
31caregiver as soon as possible after the court order is made.

32(6) When out-of-home placement is made, the case plan shall
33include provisions for the development and maintenance of sibling
34relationships as specified in subdivisions (b), (c), and (d) of Section
3516002. If appropriate, when siblings who are dependents of the
36juvenile court are not placed together, the social worker for each
37child, if different, shall communicate with each of the other social
38workers and ensure that the child’s siblings are informed of
39significant life events that occur within their extended family.
40Unless it has been determined that it is inappropriate in a particular
P289  1case to keep siblings informed of significant life events that occur
2within the extended family, the social worker shall determine the
3appropriate means and setting for disclosure of this information
4to the child commensurate with the child’s age and emotional
5well-being. These significant life events shall include, but shall
6not be limited to, the following:

7(A) The death of an immediate relative.

8(B) The birth of a sibling.

9(C) Significant changes regarding a dependent child, unless the
10child objects to the sharing of the information with his or her
11siblings, including changes in placement, major medical or mental
12health diagnoses, treatments, or hospitalizations, arrests, and
13changes in the permanent plan.

14(7) If out-of-home placement is made in a foster family home,
15group home, or other child care institution that is either a
16substantial distance from the home of the child’s parent or out of
17state, the case plan shall specify the reasons why that placement
18is in the best interest of the child. When an out-of-state group home
19placement is recommended or made, the case plan shall, in
20addition, specify compliance with Section 7911.1 of the Family
21Code.

22(8) A case plan shall ensure the educational stability of the child
23while in foster care and shall include both of the following:

24(A) An assurance that the placement takes into account the
25appropriateness of the current educational setting and the proximity
26to the school in which the child is enrolled at the time of placement.

27(B) An assurance that the placement agency has coordinated
28with the person holding the right to make educational decisions
29for the child and appropriate local educational agencies to ensure
30that the child remains in the school in which the child is enrolled
31 at the time of placement or, if remaining in that school is not in
32the best interests of the child, assurances by the placement agency
33and the local educational agency to provide immediate and
34appropriate enrollment in a new school and to provide all of the
35child’s educational records to the new school.

36(9) (A) If out-of-home services are used, or if parental rights
37have been terminated and the case plan is placement for adoption,
38the case plan shall include a recommendation regarding the
39appropriateness of unsupervised visitation between the child and
40any of the child’s siblings. This recommendation shall include a
P290  1statement regarding the child’s and the siblings’ willingness to
2participate in unsupervised visitation. If the case plan includes a
3recommendation for unsupervised sibling visitation, the plan shall
4 also note that information necessary to accomplish this visitation
5has been provided to the child or to the child’s siblings.

6(B) Information regarding the schedule and frequency of the
7visits between the child and siblings, as well as any court-ordered
8terms and conditions needed to facilitate the visits while protecting
9the safety of the child, shall be provided to the child’s out-of-home
10caregiver as soon as possible after the court order is made.

11(10) If out-of-home services are used and the goal is
12reunification, the case plan shall describe the services to be
13provided to assist in reunification and the services to be provided
14concurrently to achieve legal permanency if efforts to reunify fail.
15The plan shall also consider in-state and out-of-state placements,
16the importance of developing and maintaining sibling relationships
17pursuant to Section 16002, and the desire and willingness of the
18caregiver to provide legal permanency for the child if reunification
19is unsuccessful.

20(11) If out-of-home services are used, the child has been in care
21for at least 12 months, and the goal is not adoptive placement, the
22case plan shall include documentation of the compelling reason
23or reasons why termination of parental rights is not in the child’s
24best interest. A determination completed or updated within the
25past 12 months by the department when it is acting as an adoption
26agency or by a licensed adoption agency that it is unlikely that the
27child will be adopted, or that one of the conditions described in
28paragraph (1) of subdivision (c) of Section 366.26 applies, shall
29be deemed a compelling reason.

30(12) (A) Parents and legal guardians shall have an opportunity
31to review the case plan, and to sign it whenever possible, and then
32shall receive a copy of the plan. In a voluntary service or placement
33agreement, the parents or legal guardians shall be required to
34review and sign the case plan. Whenever possible, parents and
35legal guardians shall participate in the development of the case
36plan. Commencing January 1, 2012, for nonminor dependents, as
37defined in subdivision (v) of Section 11400, who are receiving
38AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
39to Section 11403, the transitional independent living case plan, as
P291  1set forth in subdivision (y) of Section 11400, shall be developed
2with, and signed by, the nonminor.

3(B) Parents and legal guardians shall be advised that, pursuant
4to Section 1228.1 of the Evidence Code, neither their signature on
5the child welfare services case plan nor their acceptance of any
6services prescribed in the child welfare services case plan shall
7constitute an admission of guilt or be used as evidence against the
8parent or legal guardian in a court of law. However, they shall also
9be advised that the parent’s or guardian’s failure to cooperate,
10except for good cause, in the provision of services specified in the
11child welfare services case plan may be used in any hearing held
12pursuant to Section 366.21, 366.22, or 366.25 of this code as
13evidence.

14(13) A child shall be given a meaningful opportunity to
15participate in the development of the case plan and state his or her
16preference for foster care placement. A child who is 12 years of
17age or older and in a permanent placement shall also be given the
18opportunity to review the case plan, sign the case plan, and receive
19a copy of the case plan.

20(14) The case plan shall be included in the court report and shall
21be considered by the court at the initial hearing and each review
22hearing. Modifications to the case plan made during the period
23between review hearings need not be approved by the court if the
24casework supervisor for that case determines that the modifications
25further the goals of the plan. If out-of-home services are used with
26the goal of family reunification, the case plan shall consider and
27describe the application of subdivision (b) of Section 11203.

28(15) (A) If the case plan has as its goal for the child a permanent
29plan of adoption or legal guardianship, it shall include a statement
30of the child’s wishes regarding their permanent placement plan
31and an assessment of those stated wishes. The agency shall also
32include documentation of the steps the agency is taking to find an
33adoptive family or other permanent living arrangements for the
34child; to place the child with an adoptive family, an appropriate
35and willing relative, or a legal guardian, and to finalize the adoption
36or legal guardianship. At a minimum, the documentation shall
37include child-specific recruitment efforts, such as the use of state,
38regional, and national adoption exchanges, including electronic
39exchange systems, when the child has been freed for adoption.
40Regardless of whether the child has been freed for adoption,
P292  1documentation shall include a description of any barriers to
2achieving legal permanence and the steps the agency will take to
3address those barriers. If the plan is for kinship guardianship, the
4case plan shall document how the child meets the kinship
5guardianship eligibility requirements.

6(B) When the child is 16 years of age or older and is in another
7planned permanent living arrangement, the case plan shall identify
8the intensive and ongoing efforts to return the child to the home
9of the parent, place the child for adoption, place the child for tribal
10customary adoption in the case of an Indian child, establish a legal
11guardianship, or place the child nonminor dependent with a fit and
12willing relative, as appropriate. Efforts shall include the use of
13technology, including social media, to find biological family
14members of the child.

15(16) (A) (i) For a child who is 14 or 15 years of age, the case
16plan shall include a written description of the programs and services
17that will help the child, consistent with the child’s best interests,
18to prepare for the transition from foster care to successful
19adulthood. The description may be included in the document
20described in subparagraph (A) of paragraph (18).

21(ii) When appropriate, for a child who is 16 years of age or older
22and, commencing January 1, 2012, for a nonminor dependent, the
23case plan shall include the transitional independent living plan
24(TILP), a written description of the programs and services that
25will help the child, consistent with the child’s best interests, to
26prepare for the transition from foster care to successful adulthood,
27and, in addition, whether the youth has an in-progress application
28pending for Title XVI Supplemental Security Income benefits or
29for Special Immigrant Juvenile Status or other applicable
30application for legal residency and an active dependency case is
31required for that application. When appropriate, for a nonminor
32dependent, the transitional independent living case plan, as
33described in subdivision (v) of Section 11400, shall include the
34TILP, a written description of the programs and services that will
35help the nonminor dependent, consistent with his or her best
36interests, to prepare for transition from foster care and assist the
37youth in meeting the eligibility criteria set forth in paragraphs (1)
38to (5), inclusive, of subdivision (b) of Section 11403. If applicable,
39the case plan shall describe the individualized supervision provided
40in the supervised independent living placement as defined in
P293  1subdivision (w) of Section 11400. The case plan shall be developed
2with the child or nonminor dependent and individuals identified
3as important to the child or nonminor dependent, and shall include
4steps the agency is taking to ensure that the child or nonminor
5dependent achieves permanence, including maintaining or
6obtaining permanent connections to caring and committed adults.

7(B) During the 90-day period prior to the participant attaining
818 years of age or older as the state may elect under Section
9475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
10675(8)(B)(iii)), whether during that period foster care maintenance
11payments are being made on the child’s behalf or the child is
12receiving benefits or services under Section 477 of the federal
13Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
14appropriate agency staff or probation officer and other
15representatives of the participant, as appropriate, shall provide the
16youth or nonminor dependent with assistance and support in
17developing the written 90-day transition plan, that is personalized
18at the direction of the child, information as detailed as the
19participant elects that shall include, but not be limited to, options
20regarding housing, health insurance, education, local opportunities
21for mentors and continuing support services, and workforce
22supports and employment services, a power of attorney for health
23care, and information regarding the advance health care directive
24form.

25(C) For youth 14 years of age or older, the case plan shall
26include documentation that a consumer credit report was requested
27annually from each of the three major credit reporting agencies at
28no charge to the youth and that any results were provided to the
29youth. For nonminor dependents, the case plan shall include
30documentation that the county assisted the nonminor dependent
31in obtaining his or her reports. The case plan shall include
32documentation of barriers, if any, to obtaining the credit reports.
33If the consumer credit report reveals any accounts, the case plan
34shall detail how the county ensured the youth received assistance
35with interpreting the credit report and resolving any inaccuracies,
36including any referrals made for the assistance.

37(17) For youth 14 years of age or older and nonminor
38dependents, the case plan shall be developed in consultation with
39the youth. At the youth’s option, the consultation may include up
40to two members of the case planning team who are chosen by the
P294  1youth and who are not foster parents of, or caseworkers for, the
2youth. The agency, at any time, may reject an individual selected
3by the youth to be a member of the case planning team if the
4agency has good cause to believe that the individual would not act
5in the youth’s best interest. One individual selected by the youth
6to be a member of the case planning team may be designated to
7be the youth’s adviser and advocate with respect to the application
8of the reasonable and prudent parent standard to the youth, as
9necessary.

10(18) For youth in foster care 14 years of age and older and
11nonminor dependents, the case plan shall include both of the
12following:

13(A) A document that describes the youth’s rights with respect
14to education, health, visitation, and court participation, the right
15to be annually provided with copies of his or her credit reports at
16no cost while in foster care pursuant to Section 10618.6, and the
17right to stay safe and avoid exploitation.

18(B) A signed acknowledgment by the youth that he or she has
19been provided a copy of the document and that the rights described
20in the document have been explained to the youth in an
21age-appropriate manner.

22(19) The case plan for a child or nonminor dependent who is,
23or who is at risk of becoming, the victim of commercial sexual
24exploitation, shall document the services provided to address that
25issue.

26(h) If the court finds, after considering the case plan, that
27unsupervised sibling visitation is appropriate and has been
28consented to, the court shall order that the child or the child’s
29siblings, the child’s current caregiver, and the child’s prospective
30adoptive parents, if applicable, be provided with information
31necessary to accomplish this visitation. This section does not
32require or prohibit the social worker’s facilitation, transportation,
33or supervision of visits between the child and his or her siblings.

34(i) The case plan documentation on sibling placements required
35under this section shall not require modification of existing case
36plan forms until the Child Welfare Service/Case Management
37System (CWS/CMS) is implemented on a statewide basis.

38(j) When a child is 10 years of age or older and has been in
39out-of-home placement for six months or longer, the case plan
40shall include an identification of individuals, other than the child’s
P295  1siblings, who are important to the child and actions necessary to
2maintain the child’s relationship with those individuals, provided
3that those relationships are in the best interest of the child. The
4social worker or probation officer shall ask every child who is 10
5years of age or older and who has been in out-of-home placement
6for six months or longer to identify individuals other than the
7child’s siblings who are important to the child, and may ask any
8other child to provide that information, or may seek that
9information from the child and family team, as appropriate. The
10social worker or probation officer shall make efforts to identify
11other individuals who are important to the child, consistent with
12the child’s best interests.

13(k) The child’s caregiver shall be provided a copy of a plan
14outlining the child’s needs and services. The nonminor dependent’s
15caregiver shall be provided with a copy of the nonminor’s TILP.

16(l) Each county shall ensure that the total number of visits made
17by caseworkers on a monthly basis to children in foster care during
18a federal fiscal year is not less than 95 percent of the total number
19of those visits that would occur if each child were visited once
20every month while in care and that the majority of the visits occur
21in the residence of the child. The county child welfare and
22probation departments shall comply with data reporting
23requirements that the department deems necessary to comply with
24the federal Child and Family Services Improvement Act of 2006
25(Public Law 109-288) and the federal Child and Family Services
26Improvement and Innovation Act of 2011 (Public Law 112-34).

27(m) The implementation and operation of the amendments to
28subdivision (i) enacted at the 2005-06 Regular Session shall be
29subject to appropriation through the budget process and by phase,
30as provided in Section 366.35.

31

begin deleteSEC. 113.end delete
32
begin insertSEC. 116.end insert  

Section 16504.5 of the Welfare and Institutions
33Code
is amended to read:

34

16504.5.  

(a) (1) Notwithstanding any other law, pursuant to
35subdivision (b) of Section 11105 of the Penal Code, a child welfare
36agency may secure from an appropriate governmental criminal
37justice agency the state summary criminal history information, as
38defined in subdivision (a) of Section 11105 of the Penal Code,
39through the California Law Enforcement Telecommunications
40System pursuant to subdivision (d) of Section 309, and subdivision
P296  1(a) of Section 1522 of the Health and Safety Code for the following
2purposes:

3(A) To conduct an investigation pursuant to Section 11166.3 of
4the Penal Code or an investigation involving a child in which the
5child is alleged to come within the jurisdiction of the juvenile court
6under Section 300.

7(B) (i) To assess the appropriateness and safety of placing a
8child who has been detained or is a dependent of the court, in the
9home of a relative assessed pursuant to Section 309, 361.4, or
1016519.5, or in the home of a nonrelative extended family member
11assessed as described in Section 362.7 or 16519.5 during an
12emergency situation.

13(ii) When a relative or nonrelative family member who has been
14assessed pursuant to clause (i) and approved as a caregiver moves
15to a different county and continued placement of the child with
16that person is intended, the move shall be considered an emergency
17situation for purposes of this subparagraph.

18(C) To attempt to locate a parent or guardian pursuant to Section
19311 of a child who is the subject of dependency court proceedings.

20(D) To obtain information about the background of a nonminor
21who has petitioned to reenter foster care under subdivision (e) of
22Section 388, in order to assess the appropriateness and safety of
23placing the nonminor in a foster care or other placement setting
24with minor dependent children.

25(2) Any time that a child welfare agency initiates a criminal
26background check through the California Law Enforcement
27Telecommunications System for the purpose described in
28subparagraph (B) of paragraph (1), the agency shall ensure that a
29state-level fingerprint check is initiated within 10 calendar days
30of the check, unless the whereabouts of the subject of the check
31are unknown or the subject of the check refuses to submit to the
32fingerprint check. The Department of Justice shall provide the
33requesting agency a copy of all criminal history information
34regarding an individual that it maintains pursuant to subdivision
35(b) of Section 11105 of the Penal Code.

36(b) Criminal justice personnel shall cooperate with requests for
37criminal history information authorized pursuant to this section
38and shall provide the information to the requesting entity in a
39timely manner.

P297  1(c) Any law enforcement officer or person authorized by this
2section to receive the information who obtains the information in
3the record and knowingly provides the information to a person not
4authorized by law to receive the information is guilty of a
5misdemeanor as specified in Section 11142 of the Penal Code.

6(d) Information obtained pursuant to this section shall not be
7used for any purposes other than those described in subdivision
8(a).

9(e) Nothing in this section shall preclude a nonminor petitioning
10to reenter foster care or a relative or other person living in a
11relative’s home from refuting any of the information obtained by
12law enforcement if the individual believes the state- or federal-level
13criminal records check revealed erroneous information.

14(f) (1) A state or county welfare agency may submit to the
15Department of Justice fingerprint images and related information
16required by the Department of Justice of parents or legal guardians
17when determining their suitability for reunification with a
18dependent child subject to the jurisdiction of the juvenile court,
19for the purposes of obtaining information as to the existence and
20content of a record of state or federal convictions and state or
21federal arrests, as well as information as to the existence and
22content of a record of state or federal arrests for which the
23Department of Justice establishes that the person is free on bail or
24on his or her own recognizance pending trial or appeal. Of the
25information received by the Department of Justice pursuant to this
26subdivision, only the parent’s or legal guardian’s criminal history
27for the time period following the removal of the child from the
28parent or legal guardian shall be considered.

29(2) A county welfare agency or county probation office may
30submit to the Department of Justice fingerprint images and related
31information required by the Department of Justice of nonminors
32petitioning to reenter foster care under Section 388, in order to
33assess the appropriateness and safety of placing the nonminor in
34a foster care or other placement setting with minor dependent
35children.

36(3) When received, the Department of Justice shall forward to
37the Federal Bureau of Investigation requests for federal summary
38criminal history information received pursuant to this subdivision.
39The Department of Justice shall review the information returned
P298  1from the Federal Bureau of Investigation and respond to the state
2or county welfare agency.

3(4) The Department of Justice shall provide a response to the
4state or county welfare agency pursuant to subdivision (p) of
5Section 11105 of the Penal Code.

6(5) The state or county welfare agency shall not request from
7the Department of Justice subsequent arrest notification service,
8as provided pursuant to Section 11105.2 of the Penal Code, for
9individuals described in this subdivision.

10(6) The Department of Justice shall charge a fee sufficient to
11cover the costs of processing the request described in this
12subdivision.

13(7) This subdivision shall become operative on July 1, 2007.

14(g) A fee, determined by the Federal Bureau of Investigation
15and collected by the Department of Justice, shall be charged for
16each federal-level criminal offender record information request
17submitted pursuant to this section and Section 361.4.

18

begin deleteSEC. 114.end delete
19
begin insertSEC. 117.end insert  

Section 16514 of the Welfare and Institutions Code
20 is amended to read:

21

16514.  

(a) A minor or nonminor who has been voluntarily
22placed, adjudged a dependent child of the juvenile court pursuant
23to Section 300, or as to whom a petition has been filed under
24Section 325, may be housed in an emergency shelter or, pursuant
25to the procedures for placement set forth in this code, placed in a
26foster family home, a resource family home, or with a foster family
27agency for subsequent placement in a certified family home or
28with a resource family, with minors adjudged wards of the juvenile
29court pursuant to Section 601.

30(b) A minor who has been voluntarily placed, adjudged a
31dependent child of the juvenile court pursuant to Section 300, or
32adjudged a ward of the juvenile court pursuant to Section 601,
33shall not be housed in an emergency shelter with any minor
34adjudged a ward of the juvenile court pursuant to Section 602.

35(c) A minor or nonminor who has been voluntarily placed,
36adjudged a dependent child of the juvenile court pursuant to Section
37300, or as to whom a petition has been filed under Section 325, or
38a nonminor dependent, as described in subdivision (v) of Section
3911400, shall not be placed or detained in a short-term residential
40therapeutic program, group home, licensed foster family home,
P299  1resource family home, or certified family home or approved
2resource family home of a foster family agency, with any minor
3adjudged a ward of the juvenile court pursuant to Section 601 or
4602, unless the social worker or probation officer with placement
5authority has determined that the placement setting has a program
6that meets the specific needs of the minor or nonminor dependent
7being placed or detained, and there is a commonality of needs with
8the other minors and nonminor dependents in the placement setting.

9(d) Nothing in this section shall transfer or eliminate the
10responsibility of the placing agency for the care, custody, or control
11of the child. Nothing in this section shall relieve a foster family
12agency of its responsibilities for or on behalf of a child placed with
13it.

14(e) For purposes of this section, the placing of children or
15nonminor dependents by foster family agencies shall be referred
16to as “subsequent placement” to distinguish the activity from the
17placing by public agencies.

18

begin deleteSEC. 115.end delete
19
begin insertSEC. 118.end insert  

The heading of Article 2 (commencing with Section
2016519.5) is added to Chapter 5 of Part 4 of Division 9 of the 21Welfare and Institutions Code, to read:

22 

23Article 2.  Resource Family Approval Program
24

 

25

begin deleteSEC. 116.end delete
26
begin insertSEC. 119.end insert  

Section 16519.5 of the Welfare and Institutions
27Code
, as amended by Section 27 of Chapter 25 of the Statutes of
282016, is amended to read:

29

16519.5.  

(a) The State Department of Social Services, in
30consultation with county child welfare agencies, foster parent
31associations, and other interested community parties, shall
32implement a unified, family friendly, and child-centered resource
33family approval process to replace the existing multiple processes
34for licensing foster family homes, certifying foster homes by
35licensed foster family agencies, approving relatives and nonrelative
36extended family members as foster care providers, and approving
37guardians and adoptive families.

38(b) (1) Counties shall be selected to participate on a voluntary
39basis as early implementation counties for the purpose of
40participating in the initial development of the approval process.
P300  1Early implementation counties shall be selected according to
2criteria developed by the department in consultation with the
3County Welfare Directors Association. In selecting the five early
4implementation counties, the department shall promote diversity
5among the participating counties in terms of size and geographic
6location.

7(2) Additional counties may participate in the early
8implementation of the program upon authorization by the
9department.

10(3) The State Department of Social Services shall be responsible
11for all of the following:

12(A) Selecting early implementation counties, based on criteria
13established by the department in consultation with the County
14Welfare Directors Association.

15(B) Establishing timeframes for participating counties to submit
16an implementation plan, enter into terms and conditions for early
17implementation participation in the program, train appropriate
18staff, and accept applications from resource families.

19(C) Entering into terms and conditions for early implementation
20participation in the program by counties.

21(4) Counties participating in the early implementation of the
22program shall be responsible for all of the following:

23(A) Submitting an implementation plan.

24(B) Entering into terms and conditions for early implementation
25participation in the program.

26(C) Consulting with the county probation department in the
27development of the implementation plan.

28(D) Training appropriate staff.

29(E) Accepting applications from resource families within the
30timeframes established by the department.

31(5) (A) Approved relatives and nonrelative extended family
32members, licensed foster family homes, or approved adoptive
33homes that have completed the license or approval process prior
34to statewide implementation of the program shall not be considered
35part of the program. The otherwise applicable assessment and
36oversight processes shall continue to be administered for families
37and facilities not included in the program.

38(B) Upon implementation of the program in a county, that
39county shall not accept new applications for the licensure of foster
40family homes, the approval of relative and nonrelative extended
P301  1family members, or the approval of prospective guardians and
2adoptive homes.

3(6) The department may waive regulations that pose a barrier
4to the early implementation and operation of this program. The
5waiver of any regulations by the department pursuant to this section
6shall apply to only those counties or foster family agencies
7participating in the early implementation of the program and only
8for the duration of the program.

9(7) This subdivision shall become inoperative on January 1,
102017.

11(c) (1) For the purposes of this article, “resource family” means
12an individual or family that has successfully met both the home
13environment assessment standards and the permanency assessment
14criteria adopted pursuant to subdivision (d) necessary for providing
15care for a related or unrelated child who is under the jurisdiction
16of the juvenile court, or otherwise in the care of a county child
17welfare agency or probation department. A resource family shall
18demonstrate all of the following:

19(A) An understanding of the safety, permanence, and well-being
20needs of children who have been victims of child abuse and neglect,
21and the capacity and willingness to meet those needs, including
22the need for protection, and the willingness to make use of support
23resources offered by the agency, or a support structure in place,
24or both.

25(B) An understanding of children’s needs and development,
26effective parenting skills or knowledge about parenting, and the
27capacity to act as a reasonable, prudent parent in day-to-day
28decisionmaking.

29(C) An understanding of his or her role as a resource family and
30the capacity to work cooperatively with the agency and other
31service providers in implementing the child’s case plan.

32(D) The financial ability within the household to ensure the
33stability and financial security of the family. An applicant who
34will rely on the funding described in subdivision (l) to meet
35additional household expenses incurred due to the placement of a
36child shall not, for this reason, be denied approval as a resource
37family.

38(E) An ability and willingness to provide a family setting that
39promotes normal childhood experiences that serves the needs of
40the child.

P302  1(2) For purposes of this article, and unless otherwise specified,
2references to a “child” shall include a “nonminor dependent” and
3“nonminor former dependent or ward” as defined in subdivision
4(v) and paragraph (1) of subdivision (aa) of Section 11400.

5(3) There is no fundamental right to approval as a resource
6family.

7(4) Subsequent to meeting the criteria set forth in this
8subdivision and designation as a resource family, a resource family
9shall be considered eligible to provide foster care for related and
10unrelated children in out-of-home placement and shall be
11considered approved for adoption or guardianship.

12(5)  For purposes of this article, “resource family approval”
13means that the applicant or resource family successfully meets the
14home environment assessment and permanency assessment
15standards. This approval is in lieu of a foster family home license
16issued pursuant to Chapter 3 (commencing with Section 1500) of
17Division 2 of the Health and Safety Code, a certificate of approval
18issued by a licensed foster family agency, as described in
19subdivision (b) of Section 1506 of the Health and Safety Code,
20relative or nonrelative extended family member approval,
21guardianship approval, and the adoption home study approval.

22(6) Approval of a resource family does not guarantee an initial,
23continued, or adoptive placement of a child with a resource family
24or with a relative or nonrelative extended family member pursuant
25to subdivision (e). Approval of a resource family does not
26guarantee the establishment of a legal guardianship of a child with
27a resource family.

28(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the
29department or county shall cease any further review of an
30application if the applicant has had a previous application denial
31within the preceding year, or if the applicant has had a previous
32rescission, revocation, or exemption denial or exemption rescission
33by the department or county within the preceding two years.

34(B) Notwithstanding subparagraph (A), the department or county
35may continue to review an application if it has determined that the
36reasons for the previous denial, rescission, or revocation were due
37to circumstances and conditions that either have been corrected or
38are no longer in existence. If an individual was excluded from a
39resource family home or facility licensed by the department, the
40department or county shall cease review of the individual’s
P303  1application unless the excluded individual has been reinstated
2pursuant to Section 11522 of the Government Code and subdivision
3(h) of Section 1558 of the Health and Safety Code. The cessation
4of review shall not constitute a denial of the application for
5purposes of this section or any other law.

6(8) A resource family shall meet the approval standards set forth
7in this section, comply with the written directives or regulations
8adopted pursuant to this section, and comply with other applicable
9laws in order to maintain approval.

10(9) A resource family may be approved by the department or a
11county pursuant to this section or by a foster family agency
12pursuant to Section 1517 of the Health and Safety Code.

13(10) A resource family shall not be licensed as a residential
14facility, as defined in paragraph (1) of subdivision (a) of Section
151502 of the Health and Safety Code.

16(d) (1) The department shall adopt standards pertaining to the
17home environment and permanency assessments of a resource
18family.

19(2) Resource family home environment assessment standards
20shall include, but not be limited to, all of the following:

21(A) (i) Criminal records clearance of each applicant and all
22adults residing in, or regularly present in, the home, and not
23exempted from fingerprinting, as set forth in subdivision (b) of
24Section 1522 of the Health and Safety Code, pursuant to Section
258712 of the Family Code, utilizing a check of the Child Abuse
26Central Index (CACI), and receipt of a fingerprint-based state and
27federal criminal offender record information search response. The
28criminal history information shall include subsequent notifications
29pursuant to Section 11105.2 of the Penal Code.

30(ii) Consideration of any substantiated allegations of child abuse
31or neglect against the applicant and any other adult residing in, or
32regularly present in, the home. An approval may not be granted
33 to applicants whose criminal record indicates a conviction for any
34of the offenses specified in subdivision (g) of Section 1522 of the
35Health and Safety Code.

36(iii) If the resource family parent, applicant, or any other person
37specified in subdivision (b) of Section 1522 of the Health and
38Safety Code has been convicted of a crime other than a minor
39traffic violation or arrested for an offense specified in subdivision
40(e) of Section 1522 of the Health and Safety Code, except for the
P304  1civil penalty language, the criminal background check provisions
2specified in subdivisions (d) through (f) of Section 1522 of the
3Health and Safety Code shall apply. Exemptions from the criminal
4records clearance requirements set forth in this section may be
5granted by the department or the county, if that county had been
6granted permission by the department to issue criminal records
7exemptions pursuant to Section 361.4 on or before January 1, 2017,
8using the exemption criteria specified in subdivision (g) of Section
91522 of the Health and Safety Code and the written directives or
10regulations adopted pursuant to this section.

11(iv) For public foster family agencies approving resource
12families, the criminal records clearance process set forth in clause
13(i) shall be utilized.

14(v) For private foster family agencies approving resource
15families, the criminal records clearance process set forth in clause
16(i) shall be utilized, but the Department of Justice shall disseminate
17a fitness determination resulting from the federal criminal offender
18record information search.

19(B) Buildings and grounds and storage requirements that ensure
20the health and safety of children.

21(C) In addition to the foregoing requirements, the resource
22family home environment assessment standards shall also require
23the following:

24(i) That the applicant demonstrates an understanding about the
25rights of children in care and his or her responsibility to safeguard
26those rights.

27(ii) That the total number of children residing in the home of a
28resource family shall be no more than the total number of children
29the resource family can properly care for, regardless of status, and
30shall not exceed six children, unless exceptional circumstances
31that are documented in the foster child’s case file exist to permit
32a resource family to care for more children, including, but not
33limited to, the need to place siblings together.

34(iii) That the applicant understands his or her responsibilities
35with respect to acting as a reasonable and prudent parent, and
36maintaining the least restrictive environment that serves the needs
37of the child.

38(3) The resource family permanency assessment standards shall
39include, but not be limited to, all of the following:

40(A) Caregiver training, as described in subdivisions (g) and (h).

P305  1(B)  A psychosocial assessment of an applicant, which shall
2include the results of a risk assessment.

3(i) When the applicant is a relative or nonrelative extended
4family member to an identified child, the psychosocial assessment
5shall consider the nature of the relationship between the relative
6or nonrelative extended family member and the child. The relative
7or nonrelative extended family member’s expressed desire to only
8care for a specific child or children shall not be a reason to deny
9the approval.

10(ii) A caregiver risk assessment shall include, but not be limited
11to, physical and mental health, alcohol and other substance use
12and abuse, family and domestic violence, and the factors listed in
13paragraph (1) of subdivision (c).

14(C) Completion of any other activities that relate to the ability
15of an applicant or a resource family to achieve permanency with
16a child.

17(e) (1) A county may place a child with a resource family
18applicant who has successfully completed the home environment
19assessment prior to completion of a permanency assessment only
20if a compelling reason for the placement exists based on the needs
21of the child.

22(A) The permanency assessment shall be completed within 90
23days of the child’s placement in the home, unless good cause exists
24based upon the needs of the child.

25(B) If additional time is needed to complete the permanency
26assessment, the county shall document the extenuating
27circumstances for the delay and generate a timeframe for the
28completion of the permanency assessment.

29(C) The county shall report to the department on a quarterly
30basis the number of families with a child in an approved home
31whose permanency assessment goes beyond 90 days and
32summarize the reasons for these delays.

33(2) (A) Upon an assessment completed pursuant to Section 309
34or 361.45, a county may place a child with a relative, as defined
35in Section 319, or nonrelative extended family member, as defined
36in Section 362.7.

37(B) For any emergency placement made pursuant to this
38paragraph, the county shall initiate the home environment
39assessment no later than five business days after the placement,
P306  1which shall include a face-to-face interview with the resource
2family applicant and child.

3(C) Nothing in this paragraph shall be construed to limit the
4obligation under existing law to assess and give placement
5consideration to relatives and nonrelative extended family
6members.

7(3) For any placement made pursuant to this subdivision,
8AFDC-FC funding shall not be available until approval of the
9resource family has been completed.

10(4) Any child placed under this section shall be afforded all the
11rights set forth in Section 16001.9 and in the written directions or
12regulations adopted pursuant to this section.

13(5) Nothing in this section shall limit the county’s authority to
14inspect the home of a resource family applicant or a relative or
15nonrelative extended family member as often as necessary to ensure
16the quality of care provided.

17(f) The State Department of Social Services shall be responsible
18for all of the following:

19(1) (A) Until regulations are adopted, administering the program
20through the issuance of written directives that shall have the same
21force and effect as regulations. Any directive affecting Article 1
22(commencing with Section 700) of Chapter 7 of Title 11 of the
23California Code of Regulations shall be approved by the
24Department of Justice. The directives shall be exempt from the
25rulemaking provisions of the Administrative Procedure Act
26(Chapter 3.5 (commencing with Section 11340)) of Part 1 of
27Division 3 of Title 2 of the Government Code.

28(B) Adopting, amending, or repealing, in accordance with
29Chapter 4.5 (commencing with Section 11400) of Part 1 of Division
303 of Title 2 of the Government Code, any reasonable rules,
31regulations, and standards that may be necessary or proper to carry
32out the purposes and intent of this chapter and to enable the
33department to exercise the powers and perform the duties conferred
34upon it by this section, consistent with the laws of this state.

35(2) Approving and requiring the use of a single standard for
36resource family approval.

37(3) Adopting and requiring the use of standardized
38documentation for the home environment and permanency
39assessments of resource families.

P307  1(4) Adopting core competencies for county staff to participate
2in the assessment and evaluation of an applicant or resource family.

3(5) Requiring counties to monitor county-approved resource
4families, including, but not limited to, both of the following:

5(A) Investigating complaints of resource families.

6(B) Developing and monitoring resource family corrective action
7plans to correct identified deficiencies and to rescind resource
8family approval if compliance with corrective action plans is not
9achieved.

10(6) Ongoing oversight and monitoring of county systems and
11operations including all of the following:

12(A) Reviewing the county’s implementation plan and
13implementation of the program.

14(B) Reviewing an adequate number of county-approved resource
15families in each county to ensure that approval standards are being
16properly applied. The review shall include case file documentation,
17and may include onsite inspection of individual resource families.
18The review shall occur on an annual basis, and more frequently if
19the department becomes aware that a county is experiencing a
20disproportionate number of complaints against individual resource
21family homes.

22(C) Reviewing county reports of serious complaints and
23incidents involving approved resource families, as determined
24necessary by the department. The department may conduct an
25independent review of the complaint or incident and change the
26findings depending on the results of its investigation.

27(D) Investigating unresolved complaints against counties.

28(E) Requiring corrective action of counties that are not in full
29compliance with this section.

30(7) Updating the Legislature on the early implementation phase
31of the program, including the status of implementation, successes,
32and challenges during the early implementation phase, and relevant
33available data, including resource family satisfaction.

34(8) Implementing due process procedures, including, but not
35limited to, all of the following:

36(A) Providing a statewide fair hearing process for application
37denials, rescissions of approval, exclusion actions, or criminal
38record exemption denials or rescissions by a county or the
39department.

P308  1(B) Providing an excluded individual with due process pursuant
2to Section 16519.6.

3(C) Amending the department’s applicable state hearing
4procedures and regulations or using the Administrative Procedure
5Act, when applicable, as necessary for the administration of the
6program.

7(g) Counties shall be responsible for all of the following:

8(1) Submitting an implementation plan and consulting with the
9county probation department in the development of the
10implementation plan.

11(2) Complying with the written directives or regulations adopted
12pursuant to this section.

13(3) Implementing the requirements for resource family approval
14and utilizing standardized documentation established by the
15department.

16(4) Training appropriate staff, including ensuring staff have the
17education and experience or core competencies necessary to
18participate in the assessment and evaluation of an applicant or
19resource family.

20(5) (A) Taking the following actions, as applicable:

21(i) (I) Approving or denying resource family applications,
22including preparing a written evaluation of an applicant’s capacity
23to foster, adopt, or provide legal guardianship of a child based on
24all of the information gathered through the resource family
25application and assessment processes.

26(II) Considering the applicant’s preference to provide a specific
27level of permanency, including adoption, guardianship, or, in the
28case of a relative, placement with a fit and willing relative, shall
29not be a basis to deny an application.

30(ii) Rescinding approvals of resource families.

31(iii) When applicable, referring a case to the department for an
32action to exclude a resource family parent or other individual from
33presence in a resource family home, consistent with the established
34standard.

35(iv) Issuing a temporary suspension order that suspends the
36resource family approval prior to a hearing when urgent action is
37needed to protect a child from physical or mental abuse,
38abandonment, or any other substantial threat to health or safety,
39consistent with the established standard.

40(v) Granting, denying, or rescinding criminal record exemptions.

P309  1(B) Providing a resource family parent, applicant, or individual
2who is the subject of a criminal record exemption decision with
3due process pursuant to Section 16519.6.

4(C) Notifying the department of any decisions denying an
5application for resource family approval, rescinding the approval
6of a resource family, or denying or rescinding a criminal record
7exemption and, if applicable, notifying the department of the results
8of an administrative action.

9(6) (A) Updating resource family approval annually and as
10necessary to address any changes that have occurred in the resource
11family’s circumstances, including, but not limited to, moving to
12a new home location or commencing operation of a family day
13care home, as defined in Section 1596.78 of the Health and Safety
14Code.

15(B) A county shall conduct an announced inspection of a
16resource family home during the annual update, and as necessary
17to address any changes specified in subparagraph (A), in order to
18ensure that the resource family is conforming to all applicable laws
19and the written directives or regulations adopted pursuant to this
20section.

21(7) Monitoring resource families through all of the following:

22(A) Ensuring that social workers who identify a condition in
23the home that may not meet the approval standards set forth in
24subdivision (d) while in the course of a routine visit to children
25placed with a resource family take appropriate action as needed.

26(B) Requiring resource families to meet the approval standards
27set forth in this section and to comply with the written directives
28or regulations adopted pursuant to this section, other applicable
29laws, and corrective action plans as necessary to correct identified
30deficiencies. If corrective action is not completed as specified in
31the plan, the county may rescind the resource family approval.

32(C) Requiring resource families to report to the county child
33welfare agency any incidents consistent with the reporting
34requirements for licensed foster family homes.

35(D) Inspecting resource family homes as often as necessary to
36ensure the quality of care provided.

37(8) (A) Investigating all complaints against a resource family
38and taking action as necessary, including, but not limited to,
39investigating any incidents reported about a resource family
P310  1indicating that the approval standard is not being maintained and
2inspecting the resource family home.

3(B) The child’s social worker shall not conduct the formal
4investigation into the complaint received concerning a family
5providing services under the standards required by subdivision
6(d). To the extent that adequate resources are available, complaints
7shall be investigated by a worker who did not initially conduct the
8home environment or psychosocial assessments.

9(C) Upon conclusion of the complaint investigation, the final
10disposition shall be reviewed and approved by a supervising staff
11member.

12(D) The department shall be notified of any serious incidents
13or serious complaints or any incident that falls within the definition
14of Section 11165.5 of the Penal Code. If those incidents or
15complaints result in an investigation, the department shall also be
16notified as to the status and disposition of that investigation.

17(9) Performing corrective action as required by the department.

18(10) Assessing county performance in related areas of the
19California Child and Family Services Review System, and
20remedying problems identified.

21(11) Submitting information and data that the department
22determines is necessary to study, monitor, and prepare the report
23specified in paragraph (6) of subdivision (f).

24(12) Ensuring resource family applicants and resource families
25have the necessary knowledge, skills, and abilities to support
26children in foster care by completing caregiver training. The
27training should include a curriculum that supports the role of a
28resource family in parenting vulnerable children and should be
29ongoing in order to provide resource families with information on
30trauma-informed practices and requirements and other topics within
31the foster care system.

32(13) Ensuring that a resource family applicant completes a
33minimum of 12 hours of preapproval caregiver training. The
34training shall include, but not be limited to, all of the following
35courses:

36(A) An overview of the child protective and probation systems.

37(B) The effects of trauma, including grief and loss, and child
38abuse and neglect, on child development and behavior, and
39methods to behaviorally support children impacted by that trauma
40or child abuse and neglect.

P311  1(C) Positive discipline and the importance of self-esteem.

2(D) Health issues in foster care.

3(E) Accessing services and supports to address education needs,
4physical, mental, and behavioral health, and substance use
5disorders, including culturally relevant services.

6(F) The rights of a child in foster care, and the resource family’s
7responsibility to safeguard those rights, including the right to have
8fair and equal access to all available services, placement, care,
9treatment, and benefits, and to not be subjected to discrimination
10or harassment on the basis of actual or perceived race, ethnic group
11identification, ancestry, national origin, color, religion, sex, sexual
12orientation, gender identity, mental or physical disability, or HIV
13status.

14(G) Cultural needs of children, including instruction on cultural
15 competency and sensitivity, and related best practices for providing
16adequate care for children or youth across diverse ethnic and racial
17backgrounds, as well as children or youth identifying as lesbian,
18gay, bisexual, or transgender.

19(H) Basic instruction on existing laws and procedures regarding
20the safety of foster youth at school; and ensuring a harassment and
21violence free school environment pursuant to Article 3.6
22(commencing with Section 32228) of Chapter 2 of Part 19 of
23Division 1 of Title 1 of the Education Code.

24(I) Permanence, well-being, and education needs of children.

25(J) Child and adolescent development, including sexual
26orientation, gender identity, and expression.

27(K) The role of resource families, including working
28cooperatively with the child welfare or probation agency, the
29child’s family, and other service providers implementing the case
30plan.

31(L) The role of a resource family on the child and family team
32as defined in paragraph (4) of subdivision (a) of Section 16501.

33(M) A resource family’s responsibility to act as a reasonable
34and prudent parent, as described in subdivision (c) of Section
351522.44 of the Health and Safety Code, and to provide a family
36setting that promotes normal childhood experiences and that serves
37the needs of the child.

38(N) An overview of the specialized training identified in
39subdivision (h).

P312  1(14) Ensuring approved resource families complete a minimum
2of eight hours of caregiver training annually, a portion of which
3shall be from subparagraph (M) of paragraph (13) and from one
4or more of the other topics listed in paragraph (13).

5(h) In addition to any training required by this section, a county
6may require a resource family or applicant to receive relevant
7specialized training for the purpose of preparing the resource family
8to meet the needs of a particular child in care. This training may
9include, but is not limited to, the following:

10(1) Understanding how to use best practices for providing care
11and supervision to commercially sexually exploited children.

12(2) Understanding how to use best practices for providing care
13and supervision to lesbian, gay, bisexual, and transgender children.

14(3) Understanding the requirements and best practices regarding
15psychotropic medications, including, but not limited to, court
16authorization, benefits, uses, side effects, interactions, assistance
17with self-administration, misuse, documentation, storage, and
18metabolic monitoring of children prescribed psychotropic
19medications.

20(4) Understanding the federal Indian Child Welfare Act (25
21U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
22children covered by the act, and the best interests of Indian
23children, including the role of the caregiver in supporting culturally
24appropriate, child-centered practices that respect Native American
25history, culture, retention of tribal membership and connection to
26the tribal community and traditions.

27(5) Understanding how to use best practices for providing care
28and supervision to nonminor dependents.

29(6) Understanding how to use best practices for providing care
30and supervision to children with special health care needs.

31(7) Understanding the different permanency options and the
32services and benefits associated with the options.

33(i) Nothing in this section shall preclude a county from requiring
34training in excess of the requirements in this section.

35(j) (1) Resource families who move home locations shall retain
36their resource family status pending the outcome of the update
37conducted pursuant to paragraph (6) of subdivision (g).

38(2) (A) If a resource family moves from one county to another
39county, the department, or the county to which a resource family
40has moved, shall submit a written request to the Department of
P313  1Justice to transfer the individual’s subsequent arrest notification,
2as specified in subdivision (h) of Section 1522 of the Health and
3Safety Code.

4(B) A request to transfer subsequent arrest notification shall
5contain all prescribed data elements and format protocols pursuant
6to a written agreement between the department and the Department
7of Justice.

8(3) Subject to the requirements in paragraph (1), the resource
9family shall continue to be approved for guardianship and adoption.
10Nothing in this subdivision shall limit a county, foster family
11agency, or adoption agency from determining that the family is
12not approved for guardianship or adoption based on changes in
13the family’s circumstances or psychosocial assessment.

14(k) Implementation of the program shall be contingent upon the
15continued availability of federal Social Security Act Title IV-E
16(42 U.S.C. Sec. 670) funds for costs associated with placement of
17children with resource families assessed and approved under the
18program.

19(l) A child placed with a resource family is eligible for the
20resource family basic rate, pursuant to Sections 11253.45, 11460,
2111461, and 11463, and subdivision (l) of Section 11461.3, at the
22child’s assessed level of care.

23(m) Sharing ratios for nonfederal expenditures for all costs
24associated with activities related to the approval of relatives and
25nonrelative extended family members shall be in accordance with
26Section 10101.

27(n) The Department of Justice shall charge fees sufficient to
28cover the cost of initial or subsequent criminal offender record
29information and Child Abuse Central Index searches, processing,
30or responses, as specified in this section.

31(o) Except as provided, approved resource families shall be
32exempt from both of the following:

33(1) Licensure requirements set forth under the Community Care
34 Facilities Act, commencing with Section 1500 of the Health and
35Safety Code, and all regulations promulgated thereto.

36(2) Relative and nonrelative extended family member approval
37requirements set forth under Sections 309, 361.4, and 362.7, and
38all regulations promulgated thereto.

P314  1(p) (1) Early implementation counties shall be authorized to
2continue through December 31, 2016. The program shall be
3implemented by each county on or before January 1, 2017.

4 (2) (A) (i) On and after January 1, 2017, a county to which the
5department has delegated its licensing authority pursuant to Section
61511 of the Health and Safety Code shall approve resource families
7in lieu of licensing foster family homes.

8(ii) Notwithstanding clause (i), the existing licensure and
9oversight processes shall continue to be administered for foster
10family homes licensed prior to January 1, 2017, or as specified in
11subparagraph (C), until the license is revoked or forfeited by
12operation of law pursuant to Section 1517.1 of the Health and
13Safety Code.

14(B) (i) On and after January 1, 2017, a county shall approve
15resource families in lieu of approving relative and nonrelative
16extended family members.

17(ii) Notwithstanding clause (i), the existing approval and
18oversight processes shall continue to be administered for relatives
19and nonrelative extended family members approved prior to
20January 1, 2017, or as specified in subparagraph (C), until the
21approval is revoked or forfeited by operation of law pursuant to
22this section.

23(C) Notwithstanding subparagraph (D), a county shall approve
24or deny all applications for foster family home licenses and requests
25for relative or nonrelative extended family member approvals
26received on or before December 31, 2016, in accordance with
27Chapter 3 (commencing with Section 1500) of Division 2 of the
28Health and Safety Code or provisions providing for the approval
29of relatives or nonrelative extended family members, as applicable.

30(D) On and after January 1, 2017, a county shall not accept
31applications for foster family home licenses or requests to approve
32relatives or nonrelative extended family members.

33(3) No later than July 1, 2017, each county shall provide the
34following information to all licensed foster family homes and
35approved relatives and nonrelative extended family members
36licensed or approved by the county:

37(A) A detailed description of the resource family approval
38program.

39(B) Notification that, in order to care for a foster child, resource
40family approval is required by December 31, 2019.

P315  1(C) Notification that a foster family home license and an
2approval of a relative or nonrelative extended family member shall
3be forfeited by operation of law as specified in paragraph (5).

4(4) By no later than January 1, 2018, the following shall apply
5to all licensed foster family homes and approved relative and
6nonrelative extended family members:

7(A) A licensed foster family home or an approved relative or
8nonrelative extended family member with an approved adoptive
9home study completed prior to January 1, 2018, shall be deemed
10to be an approved resource family.

11(B) A licensed foster family home or an approved relative or
12nonrelative extended family member who had a child in placement
13at any time between January 1, 2017, and December 31, 2017,
14inclusive, may be approved as a resource family on the date of
15successful completion of a psychosocial assessment pursuant to
16subparagraph (B) of paragraph (3) of subdivision (d).

17(C) A county may provide supportive services to all licensed
18foster family homes, relatives, and nonrelative extended family
19members with a child in placement to assist with the resource
20family transition and to minimize placement disruptions.

21(5) All foster family licenses and approvals of relatives and
22nonrelative extended family members shall be forfeited by
23operation of law on December 31, 2019, except as provided in this
24paragraph or Section 1524 of the Health and Safety Code:

25(A) All licensed foster family homes that did not have a child
26in placement at any time between January 1, 2017, and December
2731, 2017, inclusive, shall forfeit the license by operation of law
28on January 1, 2018.

29(B) For foster family home licensees and approved relatives or
30nonrelative extended family members who have a pending resource
31family application on December 31, 2019, the foster family home
32license or relative and nonrelative extended family member
33approval shall be forfeited by operation of law upon approval as
34a resource family. If approval is denied, forfeiture by operation of
35law shall occur on the date of completion of any proceedings
36required by law to ensure due process.

37(C) A foster family home license shall be forfeited by operation
38of law, pursuant to subdivision (b) of Section 1524 of the Health
39and Safety Code, upon approval as a resource family.

P316  1(D) Approval as a relative or nonrelative extended family
2member shall be forfeited by operation of law upon approval as a
3resource family.

4(q) On and after January 1, 2017, all licensed foster family
5agencies shall approve resource families in lieu of certifying foster
6homes, as set forth in Section 1517 of the Health and Safety Code.

7(r) Commencing January 1, 2016, the department may establish
8participation conditions, and select and authorize foster family
9agencies that voluntarily submit implementation plans and revised
10 plans of operation in accordance with requirements established by
11the department, to approve resource families in lieu of certifying
12foster homes.

13(1) Notwithstanding any other law, a participating foster family
14agency shall require resource families to meet and maintain the
15resource family approval standards and requirements set forth in
16this chapter and in the written directives adopted hereto prior to
17approval and in order to maintain approval.

18(2) A participating foster family agency shall implement the
19resource family approval program pursuant to Section 1517 of the
20Health and Safety Code.

21(3) Nothing in this section shall be construed to limit the
22authority of the department to inspect, evaluate, or investigate a
23complaint or incident, or initiate a disciplinary action against a
24foster family agency pursuant to Article 5 (commencing with
25Section 1550) of Chapter 3 of Division 2 of the Health and Safety
26Code, or to take any action it may deem necessary for the health
27and safety of children placed with the foster family agency.

28(4) The department may adjust the foster family agency
29AFDC-FC rate pursuant to Section 11463 for implementation of
30this subdivision.

31(5) This subdivision shall become inoperative on January 1,
322017.

33(s) A county is authorized to obtain any arrest or conviction
34records or reports from any court or law enforcement agency as
35necessary to the performance of its duties, as provided in this
36section or subdivision (e) of Section 1522 of the Health and Safety
37Code.

38(t) A resource family approved pursuant to this section shall
39forfeit its approval concurrent with resource family approval by a
40foster family agency.

P317  1

begin deleteSEC. 117.end delete
2
begin insertSEC. 120.end insert  

Section 16519.51 of the Welfare and Institutions
3Code
is repealed.

4

begin deleteSEC. 118.end delete
5
begin insertSEC. 121.end insert  

Section 16519.51 is added to the Welfare and
6Institutions Code
, to read:

7

16519.51.  

(a) A person shall not incur civil liability as a result
8of a county notifying the department of its determination to rescind
9the approval of a resource family due to any of the following
10actions by a resource family parent:

11(1) Violation of Section 16519.5, the written directives or
12regulations adopted pursuant to Section 16519.5, or any applicable
13law.

14(2) Aiding, abetting, or permitting the violation of Section
1516519.5, the written directives or regulations adopted pursuant to
16Section 16519.5, or any applicable law.

17(3) Conduct that poses a risk or threat to the health and safety,
18protection, or well-being of a child, or the people of the state of
19California.

20(4) The conviction of the applicant or resource family parent at
21any time before or during his or her approval of a crime described
22in Section 1522.

23(5) Knowingly allowing any child to have illegal drugs, alcohol,
24or any tobacco product as defined in subdivision (d) of Section
2522950.5 of the Business and Professions Code.

26(6) Committing an act of child abuse or neglect or an act of
27violence against another person.

28(b) The department or a county shall not incur civil liability for
29providing each other with information if the communication is for
30the purpose of aiding in the evaluation of an application for
31approval of a resource family.

32

begin deleteSEC. 119.end delete
33
begin insertSEC. 122.end insert  

Section 16519.55 of the Welfare and Institutions
34Code
is amended to read:

35

16519.55.  

(a) Subject to subdivision (d), to encourage the
36recruitment of resource families, to protect their personal privacy,
37and to preserve the security of confidentiality of the placements
38with resource families, the names, addresses, and other identifying
39information of resource families shall be considered personal
40information for purposes of the Information Practices Act of 1977
P318  1(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
24 of Division 3 of the Civil Code). This information shall not be
3disclosed by any state or local agency pursuant to the California
4Public Records Act (Chapter 3.5 (commencing with Section 6250)
5of Division 7 of Title 1 of the Government Code), except as
6necessary for administering the resource family approval program,
7facilitating the placement of children with resource families, and
8 providing names and addresses, upon request, only to bona fide
9professional foster parent organizations and to professional
10organizations educating foster parents, including the Foster and
11Kinship Care Education Program of the California Community
12Colleges.

13(b) The application form signed by a resource family applicant
14of a county shall be signed with a declaration by the applicant that
15the information submitted is true, correct, and contains no material
16omissions of fact to the best knowledge and belief of the applicant.
17Any person who willfully and knowingly, with the intent to
18deceive, makes a false statement or fails to disclose a material fact
19in his or her application is guilty of a misdemeanor.

20(c) Before approving a resource family, a county may conduct
21a reference check of the applicant by contacting the following:

22(1) Any foster family agencies that have certified the applicant.

23(2) Any state or county licensing offices that have licensed the
24applicant as a foster family home.

25(3) Any counties that have approved the applicant as a relative
26or nonrelative extended family member.

27(4) Any foster family agencies or counties that have approved
28the applicant as a resource family.

29(5) Any state licensing offices that have licensed the applicant
30as a community care facility, child day care center, or family child
31care home.

32(d) The department, a county, a foster family agency, or a tribe
33may request information from, or divulge information to, the
34 department, a county, a foster family agency, or a tribe regarding
35a prospective resource family for the purpose of and as necessary
36to conduct a reference check to determine whether it is safe and
37appropriate to approve an applicant to be a resource family.

38

begin deleteSEC. 120.end delete
39
begin insertSEC. 123.end insert  

Section 16519.6 of the Welfare and Institutions
40Code
is amended to read:

P319  1

16519.6.  

(a) All hearings conducted pursuant to Section
216519.5 shall be conducted in accordance with the requirements
3of this section and the written directives or regulations adopted
4pursuant to Section 16519.5.

5(b) For resource family hearings held at the department’s State
6Hearings Division, the procedures set forth in Chapter 7
7(commencing with Section 10950) of Part 2 shall apply, except as
8otherwise provided in this section.

9(c) For resource family hearings held at the Office of
10Administrative Hearings, the procedures set forth in Chapter 3
11(commencing with Section 1500) of Division 2 of the Health and
12Safety Code and the procedures set forth in the Administrative
13Procedure Act shall apply, except as otherwise provided in this
14section.

15(d) Notwithstanding Section 10951, a resource family, applicant,
16excluded individual, or individual who is the subject of a criminal
17record exemption decision may file a written appeal within 25
18days of service of a notice of action. Pursuant to Section 1013 of
19the Code of Civil Procedure, if the notice of action is served by
20mail, the time to respond shall be extended five days, not to exceed
2130 days to file the appeal.

22(e) Notwithstanding Section 10951, a county’s action shall be
23final, or for matters set before the State Hearings Division, an
24action shall be subject to dismissal if the resource family, applicant,
25excluded individual, or individual who is the subject of a criminal
26record exemption decision does not file an appeal to the notice of
27action within the prescribed time.

28(f) Except as provided in subdivisions (g) and (h), and
29notwithstanding Section 10952, a hearing under this section,
30notwithstanding any time waiver, shall be held within 90 days
31following the receipt of a timely appeal or notice of defense, unless
32a continuance or postponement of the hearing is granted for good
33cause.

34(g) (1) The department may exclude a resource family parent,
35applicant, or other individual from presence in any resource family
36home, from employment in, presence in, and contact with clients
37of any facility licensed by the department or certified by a licensed
38foster family agency, and from holding the position of member of
39the board of directors, executive director, or officer of the licensee
40of any facility licensed by the department. If the department has
P320  1issued an immediate exclusion order, the timelines for filings and
2hearings and the provisions set forth in Section 1558 of the Health
3 and Safety Code shall apply, unless a continuance of the hearing
4is granted for good cause.

5(2) For purposes of this subdivision, a “facility licensed by the
6department” means a facility licensed pursuant to Chapter 3
7(commencing with Section 1500) of, Chapter 3.01 (commencing
8with Section 1568.01) of, Chapter 3.2 (commencing with Section
91569) of, Chapter 3.3 (commencing with Section 1570) of, Chapter
103.4 (commencing with Section 1596.70) of, Chapter 3.5
11(commencing with Section 1596.90) of, or Chapter 3.6
12(commencing with Section 1597.30) of, Division 2 of the Health
13and Safety Code.

14(h) If a county or the department has issued a temporary
15suspension order, the hearing shall be held within 30 days
16following the receipt of a timely appeal or notice of defense. The
17temporary suspension order shall remain in effect until the time
18the hearing is completed and the director has made a final
19determination on the merits. However, the temporary suspension
20order shall be deemed vacated if the director fails to make a final
21determination on the merits within 30 days after receipt of the
22proposed decision by the county or department.

23(i) Upon a finding of noncompliance, the department may
24require a foster family agency to deny a resource family
25application, rescind the approval of a resource family, or take other
26action deemed necessary for the protection of a child who is or
27who may be placed with the resource family. The resource family
28or applicant shall be afforded the due process provided pursuant
29to this section.

30(1) If the department requires a foster family agency to deny an
31application or rescind the approval of a resource family, the
32department shall serve an order of denial or rescission notifying
33the resource family, applicant, and foster family agency of the
34basis of the department’s action and of the right to a hearing.

35(2) The department’s order of the application denial or rescission
36of the approval shall remain in effect until the hearing is completed
37and the director has made a final determination on the merits.

38(3) A foster family agency’s failure to comply with the
39department’s order to deny an application or rescind the approval
40of a resource family by placing or retaining a child in care shall
P321  1be grounds for disciplining the foster family agency pursuant to
2Section 1550 of the Health and Safety Code.

3(j) A resource family, applicant, excluded individual, or
4individual who is the subject of a criminal record exemption
5decision who files an appeal to a notice of action pursuant to this
6section shall, as part of the appeal, provide his or her current
7mailing address. The resource family, applicant, excluded
8individual, or individual who is the subject of a criminal record
9exemption decision shall subsequently notify the county, or
10department if applicable, in writing of any change in mailing
11address, until the hearing process has been completed or
12terminated.

13(k) Service by mail of a notice or other writing on a resource
14family, applicant, excluded individual, or individual who is the
15subject of a criminal record exemption decision in a procedure
16provided herein is effective if served to the last mailing address
17on file with the county or department. Service of a notice of action
18may be by personal service or by first class mail. If the last day
19for performance of any action required herein falls on a holiday,
20then such period shall be extended to the next day which is not a
21holiday.

22(l) In all proceedings conducted in accordance with this section,
23the burden of proof on the department or county shall be by a
24preponderance of the evidence.

25(m) (1) A county or the department may institute or continue
26an administrative proceeding against a resource family, applicant,
27or individual who is the subject of a criminal record exemption
28decision upon any ground provided by this section or Section
2916519.61, enter an order denying an application or rescinding the
30approval of a resource family, exclude an individual, issue a
31temporary suspension order, or otherwise take disciplinary action
32against a resource family, applicant, or individual who is the subject
33of a criminal record exemption decision, notwithstanding any
34resignation, withdrawal, surrender of approval, or denial or
35rescission of the approval by a foster family agency.

36(2) The department may institute or continue an administrative
37 proceeding against an excluded individual upon any ground
38provided by this section or Section 16519.61, enter an order to
39exclude an individual, or otherwise take disciplinary action against
40an excluded individual, notwithstanding any resignation,
P322  1withdrawal, surrender of approval, or denial or rescission of the
2approval by a foster family agency.

3(n) Except as otherwise required by law, in any writ of mandate
4proceeding related to an issue arising out of this article, the name,
5identifying information, or confidential information of a child as
6described in Sections 827, 10850, and 16519.55, and Section
711167.5 of the Penal Code, shall not be disclosed in a public
8document and a protective order shall be issued by the court in
9order to protect the confidential information of a child.

10

begin deleteSEC. 121.end delete
11
begin insertSEC. 124.end insert  

Section 16519.61 is added to the Welfare and
12Institutions Code
, to read:

13

16519.61.  

A county or the department may deny a resource
14family application or rescind the approval of a resource family,
15and the department may exclude an individual from a resource
16family home, for any of the following reasons:

17(a) Violation of Section 16519.5, the written directives or
18regulations adopted pursuant to Section 16519.5, or any applicable
19law.

20(b) Aiding, abetting, or permitting the violation of Section
2116519.5, the written directives or regulations adopted pursuant to
22Section 16519.5, or any applicable law.

23(c) Conduct that poses a risk or threat to the health and safety,
24protection, or well-being of a child or the people of the State of
25California.

26(d) The conviction of the resource family applicant, parent, or
27associated individual at any time before or during his or her
28approval of a crime described in Section 1522 of the Health and
29Safety Code.

30(e) Engaging in acts of financial malfeasance, including, but
31not limited to, improper use or embezzlement of the money or
32property of a child, fraudulent appropriation for personal gain of
33money or property, or willful or negligent failure to provide
34services.

35(f) Any other reason specified in the written directives or
36regulations adopted pursuant to Section 16519.5.

37

begin deleteSEC. 122.end delete
38
begin insertSEC. 125.end insert  

Section 16519.62 is added to the Welfare and
39Institutions Code
, to read:

P323  1

16519.62.  

(a) The out-of-court statements of a child under 12
2years of age who is the subject or victim of an allegation at issue
3constitutes admissible evidence at an administrative hearing
4conducted pursuant to this article. The out-of-court statement may
5provide the sole basis for a finding of fact if the proponent of the
6statement provided the statement to all parties prior to the hearing
7and the adjudicator finds that the time, content, and circumstances
8of the statement provide sufficient indicia of reliability. However,
9the out-of-court statement shall not be admissible if an objecting
10party establishes that the statement is unreliable because it was the
11product of fraud, deceit, or undue influence.

12(b) This section shall not be construed to limit the right of any
13party to the administrative hearing to subpoena a witness whose
14statement is admitted as evidence or to introduce admissible
15evidence relevant to the weight of the hearsay evidence or the
16credibility of the hearsay declarant.

17

begin deleteSEC. 123.end delete
18
begin insertSEC. 126.end insert  

The heading of Article 3 (commencing with Section
1916520) is added to Chapter 5 of Part 4 of Division 9 of the Welfare
20and Institutions Code
, to read:

21 

22Article 3.  Miscellaneous Provisions
23

 

24begin insert

begin insertSEC. 127.end insert  

end insert

begin insertSection 18250 of the end insertbegin insertWelfare and Institutions Codeend insert
25
begin insert is amended to read:end insert

26

18250.  

(a) It is the intent of the Legislature that all counties
27be authorized to provide children with service alternatives tobegin delete group
28home careend delete
begin insert out-of-homeend insert through the development of expanded
29family based services programs. These programs shall include
30individualized or “wraparound” services, where services are
31wrapped around a child living with his or her birth parent, relative,
32nonrelative extended family member as defined in Section 362.7,
33adoptive parent, licensed or certified foster parent, or guardian.
34The wraparound services developed under this section shall build
35on the strengths of each eligible child and family and be tailored
36to address their unique and changing needs.

37(b) It is further the intent of the Legislature that the county
38wraparound services program include the following elements:

P324  1(1) Enabling the county to access all possible sources of federal
2funds for the purpose of developing family based service
3alternatives.

4(2) Encouraging collaboration among persons and entities
5including, but not limited to, parents, county welfare departments,
6county mental health departments, county probation departments,
7county health departments, special education local planning
8agencies, school districts, and private service providers for the
9purpose of planning and providing individualized services for
10children and their birth or substitute families.

11(3) Ensuring local community participation in the development
12and implementation of wraparound services by county placingbegin insert or
13referringend insert
agencies and service providers.

14(4) Preserving and using the service resources and expertise of
15nonprofit providers to develop family based and community-based
16service alternatives.

17(c) Beginning in the 2011-12 fiscal year, and for each fiscal
18year thereafter, funding and expenditures for programs and
19activities under this section shall be in accordance with the
20requirements provided in Sections 30025 and 30026.5 of the
21Government Code.

22

begin deleteSEC. 124.end delete
23
begin insertSEC. 128.end insert  

Section 18251 of the Welfare and Institutions Code
24 is amended to read:

25

18251.  

As used in this chapter:

26(a) “County” means each county participating in an
27individualized or wraparound services program.

28(b) “County placingbegin insert or referringend insert agency” means a county
29welfare or probation department, or a county mental health
30department.

31(c) “Eligible child” means a child or nonminor dependent, as
32described in subdivision (v) of Section 11400, who is any of the
33following:

34(1) A child or nonminor dependent who has been adjudicated
35as either a dependent, transition dependent, or ward of the juvenile
36court pursuant to Section 300, 450, 601, or begin delete 602 and who would be
37placed in a group home licensed by the department at a rate
38classification level of 10 or higher, or commencing January 1,
392017, would be placed in a short-term residential therapeutic
40program.end delete
begin insert 602, who is the subject of a petition filed pursuant to
P325  1Section 602 and who is participating in a program described in
2Section 654.2, 725, or 790, or who is or may be within the
3jurisdiction of the juvenile court and is participating in a program
4of supervision pursuant to Section 654, and is at risk of placement
5in out-of-home care.end insert

6(2) A child or nonminor dependent who is currently, or who
7would be, placed inbegin delete a group home licensed by the department at
8a rate classification level of 10 or higher, or commencing January
91, 2017, would be placed in a short-term residential therapeutic
10program.end delete
begin insert out-of-home care.end insert

11(3) A child who is eligible for adoption assistance program
12benefits when the responsible public agency has approved the
13provision of wraparound services in lieu of out-of-homebegin delete placement
14care at a rate classification level of 10 or higher, or commencing
15January 1, 2017, would be placed in a short-term residential
16therapeutic program.end delete
begin insert care.end insert

17(d) “Wraparound services” means community-based intervention
18services that emphasize the strengths of the child and family and
19includes the delivery of coordinated, highly individualized
20unconditional services to address needs and achieve positive
21outcomes in their lives.

22(e) “Service allocation slot” means a specified amount of funds
23available to the county to pay for an individualized intensive
24wraparound services package for an eligible child. A service
25allocation slot may be used for more than one child on a successive
26basis.

27

begin deleteSEC. 125.end delete
28
begin insertSEC. 129.end insert  

Section 18254 of the Welfare and Institutions Code,
29as added by Section 119 of Chapter 773 of the Statutes of 2015,
30is amended to read:

31

18254.  

(a) (1) Commencing January 1, 2017, the rate for
32wraparound services, under the wraparound services program,
33shall be eight thousand five hundred seventy-three dollars ($8,573),
34based on the average cost of rate classification levels 10.5 and 13
35in effect for the 2014-15 fiscal year.

36(2) The rate was determined by using the existing rates
37determined for the 2014-15 fiscal year for rate classification levels
3810.5 and 13.

39(A) Combining and calculating the average of the two.

P326  1(B) Minus the cost of any concurrent out-of-home placement
2for children who are or would be placed in a rate classification
3level 10 to 11 and 12 to 14 group home, respectively.

4(b) For each fiscal year, funding and expenditures for programs
5and activities under this section shall be in accordance with the
6requirements provided in Sections 30025 and 30026.5 of the
7Government Code.

8(c) County and federal foster care funds, to the extent permitted
9by federal law, shall remain with the administrative authority of
10the county, which may enter into an interagency agreement to
11transfer those funds, and shall be used to provide intensive
12wraparound services.

13(d) Costs for the provision of benefits to eligible children, at
14rates authorized by subdivision (a), through the wraparound
15services program authorized by this chapter, shall not exceed the
16costs that otherwise would have been incurred had the eligible
17children been placed in a short-term residential therapeutic
18program.

19(e) Commencing January 1, 2018, and each January 1 thereafter,
20an annual cost-of-living increase shall be applied to the wraparound
21rate, subject to the availability of county funds, equal to the
22California Necessities Index used in the preparation of the May
23Revision for the current fiscal year.

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

25

begin deleteSEC. 126.end delete
26
begin insertSEC. 130.end insert  

Section 18358.30 of the Welfare and Institutions
27Code
is amended to read:

28

18358.30.  

(a) Rates for foster family agency programs
29participating under this chapter shall be exempt from the current
30AFDC-FC foster family agency ratesetting system.

31(b) Rates for foster family agency programs participating under
32this chapter shall be set according to the appropriate service and
33rate level based on the level of services provided to the eligible
34child and the certified foster family. For an eligible child placed
35from a group home program, the service and rate level shall not
36exceed the rate paid for group home placement. For an eligible
37child assessed by the county interagency review team or county
38placing agency as at imminent risk of group home placement or
39psychiatric hospitalization, the appropriate service and rate level
40for the child shall be determined by the interagency review team
P327  1or county placing agency at time of placement. In all of the service
2and rate levels, the foster family agency programs shall:

3(1) Provide social work services with average caseloads not to
4exceed eight children per worker, except that social worker average
5caseloads for children in Service and Rate Level E shall not exceed
612 children per worker.

7(2) Pay an amount not less than two thousand one hundred
8dollars ($2,100) per child per month to the certified foster parent
9or parents.

10(3) Perform activities necessary for the administration of the
11programs, including, but not limited to, training, recruitment,
12certification, and monitoring of the certified foster parents.

13(4) (A) (i) Provide a minimum average range of service per
14month for children in each service and rate level in a participating
15foster family agency, represented by paid employee hours incurred
16by the participating foster family agency, by the in-home support
17counselor to the eligible child and the certified foster parents
18depending on the needs of the child and according to the following
19schedule:


20

 

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

P327 28P327  730P327 395P327 12

 

29(ii) Children placed at Service and Rate Level E shall receive
30behavior deescalation and other support services on a flexible, as
31needed, basis from an in-home support counselor. The foster family
32agency shall provide one full-time in-home support counselor for
33every 20 children placed at this level.

34(B) (i) For the interim period beginning July 1, 2012, through
35December 31, 2016, inclusive, only the following modified service
36and rate levels to support modified in-home support counselor
37hours 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

30P327 395P327 12

 

8(ii) Children placed at Service and Rate Level III shall receive
9behavior deescalation and other support services on a flexible, as
10needed, basis from an in-home support counselor. The foster family
11agency shall provide one full-time in-home support counselor for
12every 20 children placed at this level.

13(C) When the interagency review team or county placing agency
14and the foster family agency agree that alternative services are in
15the best interests of the child, the foster family agency may provide
16or arrange for services and supports allowable under California’s
17foster care program in lieu of in-home support services required
18by subparagraphs (A) and (B). These services and supports may
19include, but need not be limited to, activities in the
20Multidimensional Treatment Foster Care (MTFC) program.

21(c) The department or placing county, or both, may review the
22level of services provided by the foster family agency program. If
23the level of services actually provided are less than those required
24by subdivision (b) for the child’s service and rate level, the rate
25shall be adjusted to reflect the level of service actually provided,
26and an overpayment may be established and recovered by the
27department.

28(d) (1) On and after July 1, 1998, the standard rate schedule of
29service 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

P327 395P327 12

 

P329  1(2) For the interim period beginning July 1, 2012, through
2December 31, 2016, inclusive, only the following modified service
3and rate levels to support the modified standard rate schedule shall
4apply:

 

Service

 

and

 

Rate Level

Standard Rate

Level I

$5,581

Level II

$4,798

Level III

$4,034

P327 12

 

13(3) (A) On and after July 1, 1999, the standardized schedule of
14rates shall be adjusted by an amount equal to the California
15Necessities Index computed pursuant to Section 11453, rounded
16to the nearest dollar. The resultant amounts shall constitute the
17new standardized rate schedule, subject to further adjustment
18pursuant to subparagraph (B), for foster family agency programs
19participating under this chapter.

20(B) In addition to the adjustment in subparagraph (A),
21commencing January 1, 2000, the standardized schedule of rates
22shall be increased by 2.36 percent, rounded to the nearest dollar.
23The resultant amounts shall constitute the new standardized rate
24schedule for foster family agency programs participating under
25this chapter.

26(4) (A) Beginning with the 2000-01 fiscal year, the standardized
27schedule of rates shall be adjusted annually by an amount equal
28to the California Necessities Index computed pursuant to Section
2911453, subject to the availability of funds. The resultant amounts,
30rounded to the nearest dollar, shall constitute the new standard rate
31schedule for foster family agency programs participating under
32this chapter.

33(B) Effective October 1, 2009, the rates identified in this
34subdivision shall be reduced by 10 percent. The resulting amounts
35shall constitute the new standardized schedule of rates.

36(5) Notwithstanding paragraphs (3) and (4), the rate identified
37in paragraph (2) of subdivision (b) shall be adjusted on July 1,
382013, and each July 1 thereafter through July 1, 2016, inclusive,
39by an amount equal to the California Necessities Index computed
40pursuant to Section 11453.

P330  1(e) (1) Rates for foster family agency programs participating
2under paragraph (1) of subdivision (d) shall not exceed Service
3and Rate Level A at any time during an eligible child’s placement.
4An eligible child may be initially placed in a participating intensive
5foster care program at any one of the five Service and Rate Levels
6A to E, inclusive, and thereafter placed at any level, either higher
7or lower, not to exceed a total of six months at any level other than
8Service and Rate Level E, unless it is determined to be in the best
9interests of the child by the child’s county interagency review team
10or county placing agency and the child’s certified foster parents.
11The child’s county interagency placement review team or county
12placement agency may, through a formal review of the child’s
13placement, extend the placement of an eligible child in a service
14and rate level higher than Service and Rate Level E for additional
15periods of up to six months each.

16(2) Rates for foster family agency programs participating under
17paragraph (2) of subdivision (d) shall not exceed Service and Rate
18Level I at any time during an eligible child’s placement. An eligible
19child may be initially placed in a participating intensive foster care
20program at any one of the three Service and Rate Levels I to III,
21inclusive, and thereafter placed at any level, either higher or lower,
22not to exceed a total of six months at any level other than Service
23and Rate Level III, unless it is determined to be in the best interests
24of the child by the child’s county interagency review team or
25county placing agency, foster family agency, and the child’s
26certified foster parents. The child’s county interagency placement
27review team or county placement agency, through a formal review
28of the child’s placement, may extend the placement of an eligible
29child in a service and rate level higher than Service and Rate Level
30III for additional periods of up to six months each.

31(f) It is the intent of the Legislature that the rate paid to
32participating foster family agency programs shall decrease as the
33child’s need for services from the foster family agency decreases.
34The foster family agency shall notify the placing county and the
35department of the reduced services and the pilot classification
36model, and the rate shall be reduced accordingly.

37(g) It is the intent of the Legislature to prohibit any duplication
38of public funding. Therefore, social worker services, payments to
39certified foster parents, administrative activities, and the services
40of in-home support counselors that are funded by another public
P331  1source shall not be counted in determining whether the foster
2family agency program has met its obligations to provide the items
3listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
4department shall work with other potentially affected state
5departments to ensure that duplication of payment or services does
6not occur.

7(h) It is the intent of the Legislature that the State Department
8of Social Services and the State Department of Health Care
9Services, in collaboration with county placing agencies and ITFC
10providers and other stakeholders, develop and implement an
11integrated system that provides for the appropriate level of
12placement and care, support services, and mental health treatment
13services to foster children served in these programs.

14(i) Beginning in the 2011-12 fiscal year, and for each fiscal
15year thereafter, funding and expenditures for programs and
16activities under this section shall be in accordance with the
17requirements provided in Sections 30025 and 30026.5 of the
18Government Code.

19(j)  Notwithstanding subdivisions (d) and (e), the department
20shall implement a new interim rate structure for the period
21beginning January 1, 2017, to December 31, 2019, inclusive. The
22rate shall reflect the appropriate level of placement and address
23the need for specialized health care, support services, and mental
24health treatment services for foster children served in these
25programs.

26

begin deleteSEC. 127.end delete
27
begin insertSEC. 131.end insert  

(a) The State Department of Social Services and
28the State Department of Health Care Services shall adopt
29regulations as required to implement this act and Chapter 773 of
30the Statutes of 2015.

31(b) Notwithstanding the rulemaking provisions of the
32Administrative Procedure Act (Chapter 3.5 (commencing with
33Section 11340) of Part 1 of Division 3 of Title 2 of the Government
34Code), the State Department of Social Services and the State
35Department of Health Care Services may implement and administer
36the changes made by this act through all-county letters or similar
37written instructions until regulations are adopted.

38

begin deleteSEC. 128.end delete
39
begin insertSEC. 132.end insert  

Section 1.5 of this bill incorporates amendments to
40Section 48204 of the Education Code proposed by both this bill
P332  1and Assembly Bill 2537. It shall only become operative if (1) both
2bills are enacted and become effective on or before January 1,
32017, (2) each bill amends Section 48204 of the Education Code,
4and (3) this bill is enacted after Assembly Bill 2537, in which case
5Sections 1 and 2 of this bill shall not become operative.

6

begin deleteSEC. 129.end delete
7
begin insertSEC. 133.end insert  

To the extent that this act has an overall effect of
8increasing certain costs already borne by a local agency for
9programs or levels of service mandated by the 2011 Realignment
10Legislation within the meaning of Section 36 of Article XIII of
11the California Constitution, it shall apply to local agencies only to
12the extent that the state provides annual funding for those cost
13increases. Any new program or higher level of service provided
14by a local agency pursuant to this act above the level for which
15funding has been provided shall not require a subvention of funds
16by the state nor otherwise be subject to Section 6 of Article XIII
17B of the California Constitution.

18With regard to certain other costs that may be incurred by a local
19agency or school district, no reimbursement is required by this act
20pursuant to Section 6 of Article XIII B of the California
21Constitution because, in that regard, this act creates a new crime
22or infraction, eliminates a crime or infraction, or changes the
23penalty for a crime or infraction within the meaning of Section
2417556 of the Government Code, or changes the definition of a
25crime within the meaning of Section 6 of Article XIII B of the
26California Constitution.



O

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