California Legislature—2015–16 Regular Session

Assembly Bill No. 2597

Introduced by Assembly Member Cooley

February 19, 2016

An act to amend Section 1517 of the Health and Safety Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 2597, as introduced, Cooley. Resource family approval.

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 make technical, nonsubstantive changes to those provisions.

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

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

SECTION 1.  

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

1517.  

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

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

(b) A foster family agency that is selected and authorized to
participate in early implementation of the resource family approval
program, pursuant to subdivision (t) of Section 16519.5 of the
Welfare and Institutions Code, shall comply with the provisions
of this section.

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

(2) The foster family agency shall be responsible for all of the
following:

(A) Complying with the applicable provisions of this chapter,
the regulations for foster family agencies, the resource family
approval standards and requirements set forth in Section 16519.5
of the Welfare and Institutions Code, and the applicable written
directives adopted thereto as directed by the department.

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

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

(D) Taking the following actions, as applicable:

(i) Approving or denying resource family applications.

(ii) Rescinding approvals of resource families.

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

(F) Updating resource family approval annually.

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

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

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

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

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

(I) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f) of Section 16519.5 of
the Welfare and Institutions Code.

(J) Ensuring resource family applicants and resource families
meet the training requirements set forth in paragraphs (12) to (14),
inclusive, of subdivisions (g) and (h) of Section 16519.5 of the
Welfare and Institutions Code.

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

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

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

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

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

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

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

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

(g) (1) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family agency shall require its applicants and
resource families to meet the resource family approval standards
and requirements set forth in Section 16519.5 of the Welfare and
Institutions Code, the written directives adopted thereto, and other
applicable laws prior to approval and in order to maintain approval.

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

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

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

(C) Notification that a certificate of approval shall be forfeited
by operation of law as provided for in paragraph (5).

(3) By no later than January 1, 2018, begin insert both of end insert the following shall
apply to all certified family homes:

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

(B) A certified family home that had a child in placement for
any length of time, between January 1, 2017, and December 31,
2017, inclusive, may be approved as a resource family on the date
of successful completion of a psychosocial assessment pursuant
to subparagraph (B) of paragraph (2) of subdivision (d) of Section
16519.5 of the Welfare and Institutions Code.

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

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

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

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