Amended in Assembly August 28, 2015

Amended in Assembly July 8, 2015

Amended in Senate June 2, 2015

Amended in Senate April 22, 2015

Senate BillNo. 484


Introduced by Senator Beall

(Principal coauthor: Assembly Member Chiu)

(Coauthors: Senators Mitchell and Monning)

February 26, 2015


An act to amendbegin delete Sectionend deletebegin insert Sections 1507.6 andend insert 1536 of, and to add Sections 1538.8 and 1538.9 to, the Health and Safety Code, and to amend Section 11469 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 484, as amended, Beall. Juveniles.

(1) The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. A violation of this act is a misdemeanor.

begin insert

Under existing law, a child in a group home may receive mental health services, as deemed necessary by the placing agency and under the case management of that agency. Under existing law, only a juvenile court judicial officer may make orders regarding the administration of psychotropic medications to a child adjudged a dependent or ward of the court and removed from the physical custody of the parent. Existing law requires that the order be based on a request from a physician, indicating the reasons for the request and a description of the child’s diagnosis and behavior, among other requirements.

end insert
begin insert

This bill would provide that psychotropic medications may be used at a group home, other than at a runaway and homeless youth shelter, only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court. The bill would require the group home to maintain in the child’s records specified information regarding the administration of those medications.

end insert

begin insert(2)end insertbegin insertend insert Existing law requires thebegin delete department director,end deletebegin insert Director of Social Services,end insert at least annually, to publish and make available to interested persons a list covering all licensed community care facilities, except as specified, and the services for which each facility has been licensed or issued a special permit.

This bill would require the departmentbegin delete directorend delete to compile specified information regarding the administration of psychotropic medications to children inbegin delete those facilitiesend deletebegin insert group homesend insert and to post that informationbegin delete toend deletebegin insert onend insert the department’s Internet Web site. The bill would require thebegin delete departmentend deletebegin insert department, in consultation with the State Department of Health Care Services and stakeholders,end insert to establish a methodology to identify those group homes that havebegin delete disproportionately high and inappropriateend delete levels of psychotropic drugbegin delete usage, based on specified criteria.end deletebegin insert utilization warranting additional review, as specified.end insert The bill would also require the department, for the facilities identified by the methodology that it establishes, to visit those facilities at least once a year to examine specified factors. The bill would require abegin delete facility that is found to have disproportionately high and inappropriate levels of psychotropic drug usage, which may be caused by inadequate alternative and less invasive psychosocial services, crisis management, and other services,end deletebegin insert facility, for which the department, based on that inspection, finds a risk to the health, safety, or personal rights of clients in care,end insert to submit a planbegin insert of correctionend insert tobegin delete address steps the facility shall take to reduce inappropriate prescribing and treatment regimensend deletebegin insert the departmentend insert within 30 days of receiving notice of the department’sbegin delete determination.end deletebegin insert findings.end insert The bill would require the department to monitor the facility’s implementation of that planbegin insert of correctionend insertbegin delete and make a report, as provided.end deletebegin insert to determine that the concerns identified during the inspection have been addressed.end insert Becausebegin delete this bill would create a new crime,end deletebegin insert the failure of the facility to comply with these provisions would be a misdemeanor,end insert the bill would impose a state-mandated local program.

begin delete

(2)

end delete

begin insert(3)end insert Existing law requires the department, on or before January 1, 2016, in consultation with specified associations and other stakeholders, to develop additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts with minors in group homes or under supervision of group home staff.

This bill would require the department, on or before January 1, 2017, in consultation with specified associations and other stakeholders, to develop additional performance standards and outcome measures that require group homes to implementbegin insert alternativeend insert programs andbegin delete services to reduce utilization of psychotropic medications for children in group homes. The bill would also delete an obsolete provision.end deletebegin insert services, as specified.end insert

begin delete

(3)

end delete

begin insert(4)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1507.6 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

1507.6.  

begin insert(a)end insertbegin insertend insertMental health services, as deemed necessary by
4the placing agency, may be provided to children in a group home.
5Except for the physical safety and direct care and supervision of
6children so placed, the State Department of Social Services and
7its agents shall not evaluate or have responsibility or liability for
8the evaluation of mental health services provided in those homes.
9Supervision of mental health treatment services provided to a child
10in a group home shall be a case management responsibility of the
11placing agency.

begin insert

12(b) (1) Psychotropic medications shall be used only in
13accordance with the written directions of the physician prescribing
14the medication and as authorized by the juvenile court pursuant
15to Section 369.5 or 739.5 of the Welfare and Institutions Code.

end insert
begin insert

P4    1(2) The facility shall maintain in a child’s records all of the
2following information:

end insert
begin insert

3(A) A copy of any court order authorizing the psychotropic
4medication for the child.

end insert
begin insert

5(B) A separate log for each psychotropic medication prescribed
6for the child, showing all of the following:

end insert
begin insert

7(i) The name of the medication.

end insert
begin insert

8(ii) The date of the prescription.

end insert
begin insert

9(iii) The quantity of medication and number of refills initially
10prescribed.

end insert
begin insert

11(iv) When applicable, any additional refills prescribed.

end insert
begin insert

12(v) The required dosage and directions for use as specified in
13writing by the physician prescribing the medication, including any
14changes directed by the physician.

end insert
begin insert

15(vi) The date and time of each dose taken by the child.

end insert
begin insert

16(3) This subdivision does not apply to a runaway and homeless
17youth shelter, as defined in Section 1502.

end insert
18

begin deleteSECTION 1.end delete
19begin insertSEC. 2.end insert  

Section 1536 of the Health and Safety Code is amended
20to read:

21

1536.  

(a) (1) At least annually, thebegin delete directorend deletebegin insert departmentend insert shall
22publish and make available to interested persons a list or lists
23covering all licensed community care facilities, other than foster
24family homes and certified family homes of foster family agencies
25providing 24-hour care for six or fewer foster children, and the
26services for which each facility has been licensed or issued a special
27permit.

28(2) For a group home, transitional housing placement provider,
29community treatment facility, or runaway and homeless youth
30shelter, the list shall include both of the following:

31(A) The number of licensing complaints, types of complaint,
32and outcomes of complaints, including citations, fines, exclusion
33orders, license suspensions, revocations, and surrenders.

34(B) The number, types, and outcomes of law enforcement
35contacts made by the facility staff or children, as reported pursuant
36to subdivision (a) of Section 1538.7.

37(b) Subject to subdivision (c), to encourage the recruitment of
38foster family homes and certified family homes of foster family
39agencies, protect their personal privacy, and to preserve the security
40and confidentiality of the placements in the homes, the names,
P5    1addresses, and other identifying information of facilities licensed
2as foster family homes and certified family homes of foster family
3agencies providing 24-hour care for six or fewer children shall be
4considered personal information for purposes of the Information
5Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
6of Title 1.8 of Part 4 of Division 3 of the Civil Code). This
7information shall not be disclosed by any state or local agency
8pursuant to the California Public Records Act (Chapter 3.5
9(commencing with Section 6250) of Division 7 of Title 1 of the
10Government Code), except as necessary for administering the
11licensing program, facilitating the placement of children in these
12facilities, and providing names and addresses only to bona fide
13professional foster parent organizations upon request.

14(c) Notwithstanding subdivision (b), the department, a county,
15or a foster family agency may request information from, or divulge
16information to, the department, a county, or a foster family agency,
17regarding a prospective certified parent, foster parent, or relative
18caregiver for the purpose of, and as necessary to, conduct a
19reference check to determine whether it is safe and appropriate to
20license, certify, or approve an applicant to be a certified parent,
21foster parent, or relative caregiver.

22(d) The department may issue a citation and, after the issuance
23of that citation, may assess a civil penalty of fifty dollars ($50) per
24day for each instance of a foster family agency’s failure to provide
25the department with the information required by subdivision (h)
26of Section 88061 of Title 22 of the California Code of Regulations.

27(e) The Legislature encourages the department, when funds are
28available for this purpose, to develop a database that would include
29all of the following information:

30(1) Monthly reports by a foster family agency regarding family
31homes.

32(2) A log of family homes certified and decertified, provided
33by a foster family agency to the department.

34(3) Notification by a foster family agency to the department
35informing the department of a foster family agency’s determination
36to decertify a certified family home due to any of the following
37actions by the certified family parent:

38(A) Violating licensing rules and regulations.

39(B) Aiding, abetting, or permitting the violation of licensing
40rules and regulations.

P6    1(C) Conducting oneself in a way that is inimical to the health,
2morals, welfare, or safety of a child placed in that certified family
3home.

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

5(E) Knowingly allowing any child to have illegal drugs or
6alcohol.

7(F) Committing an act of child abuse or neglect or an act of
8violence against another person.

9(f) At least annually, the department shall postbegin delete toend deletebegin insert onend insert its Internet
10Web site a statewide summarybegin delete reportend delete of thebegin delete dataend deletebegin insert informationend insert
11 gathered pursuant to Sections 1538.8 and 1538.9. The summary
12begin delete reportend delete shallbegin delete exclude all personally identifiable information and
13shall not identify individual group homes.end delete
begin insert include only de-identified
14and aggregate information that does not violate the confidentiality
15of a child’s identity and records.end insert

16

begin deleteSEC. 2.end delete
17begin insertSEC. 3.end insert  

Section 1538.8 is added to the Health and Safety Code,
18to read:

19

1538.8.  

(a) begin insert(1)end insertbegin insertend insert In order tobegin delete identify group homes in whichend delete
20begin insert review and evaluate the use ofend insert psychotropic medicationsbegin delete may be
21inappropriately administered to children the directorend delete
begin insert in group
22homes, the departmentend insert
shall compile,begin insert to the extent feasible and
23not otherwise prohibited by law and based on information received
24from the State Department of Health Care Services,end insert
at least
25annually,begin delete the followingend delete information concerning eachbegin delete home:end deletebegin insert group
26home, including, but not limited to, the child welfare psychotropic
27medication measures developed by the department and the
28following Healthcare Effectiveness Data and Information Set
29(HEDIS) measures related to psychotropic medications:end insert

begin delete

30(1) The number of children in the facility to whom psychotropic
31medications were administered.

32(2) The number of children in the facility who are 6 to 11 years
33of age, inclusive, to whom psychotropic medications were
34administered.

35(3) The number of children in the facility who are 12 to 17 years
36of age, inclusive, to whom psychotropic medications were
37administered.

38(4) The number of children for whom the juvenile court
39preauthorized the administration of psychotropic medication.

P7    1(5) The number of children to whom psychotropic medications
2were administered on an emergency basis.

3(6) The number of children to whom antipsychotic, mood
4stabilizing, or antidepressant medications were administered.

5(7) The number of children who received two or more drugs
6from the same class, including, but not limited to, antidepressants,
7antipsychotics, and antianxiety medications.

8(8) The number of children who received two or more
9psychotropic medications concurrently, and whether those children
10received two, three, four, or more than four psychotropic
11medications concurrently.

12(9) The number of children who received one or more
13medications for more than 90 days.

14(10) The number of children who received psychosocial services
15while in a group home placement while they received a
16psychotropic medication.

17(11) The number of children who received a dosage of a
18psychotropic medication at a dosage above the maximum dosage
19approved by the federal Food and Drug Administration.

20(12) The number of children who received metabolic monitoring
21in accordance with professional standards of care while they
22received psychotropic medication.

23(13) The number of children who were prescribed antipsychotic
24medications for a use not approved by the federal Food and Drug
25 Administration.

end delete
begin insert

26(A) Follow-Up Care for Children Prescribed Attention Deficit
27Hyperactivity Disorder Medication (HEDIS ADD), which measures
28the number of children six to 12 years of age, inclusive, who have
29a visit with a provider with prescribing authority within 30 days
30of the new prescription.

end insert
begin insert

31(B) Use of Multiple Concurrent Antipsychotics in Children and
32Adolescents (HEDIS APC), which does both of the following:

end insert
begin insert

33(i) Measures the number of children receiving an antipsychotic
34medication for at least 60 out of 90 days and the number of
35children who additionally receive a second antipsychotic
36medication that overlaps with the first.

end insert
begin insert

37(ii) Reports a total rate and age stratifications including 6 to
3811 years of age, inclusive, and 12 to 17 years of age, inclusive.

end insert
begin insert

39(C) Use of First-Line Psychosocial Care for Children and
40Adolescents on Antipsychotics (HEDIS APP), which measures
P8    1whether a child has received psychosocial services 90 days before
2through 30 days after receiving a new prescription for an
3antipsychotic medication.

end insert
begin insert

4(D) Metabolic Monitoring for Children and Adolescents on
5Antipsychotics (HEDIS APM), which does both of the following:

end insert
begin insert

6(i) Measures testing for glucose or HbA1c and lipid or
7cholesterol of a child who has received at least two different
8antipsychotic prescriptions on different days.

end insert
begin insert

9(ii) Reports a total rate and age stratifications including 6 to
1011 years of age, inclusive, and 12 to 17 years of age, inclusive.

end insert
begin insert

11(2) The department shall post the list of data to be collected
12pursuant to this subdivision on the department’s Internet Web site.

end insert

13(b) The data in subdivision (a) concerning psychotropic
14medication, mental health services, and placement shall be drawn
15from existing databegin delete systems, including, but not limited to, the
16Medicaid Management Information System’s medical and
17pharmacy claims data, and the Child Welfare Services/Case
18Management System, through the data sharing agreement betweenend delete

19begin insert maintained byend insert the State Department of Health Care Services and
20the State Department of Socialbegin delete Services.end deletebegin insert Services and shared
21pursuant to a data sharing agreement meeting the requirements
22of all applicable state and federal laws and regulations.end insert

begin insert

23(c) This section does not apply to a runaway and homeless youth
24shelter, as defined in Section 1502.

end insert
25

begin deleteSEC. 3.end delete
26begin insertSEC. 4.end insert  

Section 1538.9 is added to the Health and Safety Code,
27to read:

28

1538.9.  

(a) (1) (A) The department shall consult with the
29begin delete foster care ombudsmanend deletebegin insert State Department of Health Care Servicesend insert
30 andbegin delete the Quality Improvement Project Clinical Workgroupend delete
31begin insert stakeholdersend insert to establish a methodology for identifying those group
32homesbegin insert providing services under the AFDC-FC program pursuant
33to Sections 11460 and 11462 of the Welfare and Institutions Codeend insert

34 that havebegin delete disproportionately high and inappropriateend delete levels of
35psychotropic drugbegin delete usageend deletebegin insert utilizationend insert warranting additionalbegin delete review
36of the facility. The criteria for determining if a group home has
37disproportionately high and inappropriate levels of psychotropic
38drug usage shall be based upon the end delete
begin deleteCalifornia Guidelines for the
39Use of Psychotropic Medication with Children and Youth in Foster
40Care
end delete
begin delete and shall take into consideration, among other things, the
P9    1factors listed in paragraphs (1) to (13), inclusive, of subdivision
2(a) of Section 1538.8.end delete
begin insert review.end insert The methodology shall be adopted
3on or before July 1, 2016.

4(B) Every three years after adopting the methodology developed
5under subparagraph (A), or earlier if needed, the department shall
6consult with thebegin delete foster care ombudsman and the Quality
7Improvement Project Clinical Workgroupend delete
begin insert State Department of
8Health Care Services and stakeholdersend insert
and revise thebegin delete methodology.end delete
9begin insert methodology, if necessary.end insert

10(2) If the department, applying the methodology described in
11paragraph (1), determines that a facility appears to have
12begin deletedisproportionately high and inappropriateend delete levels of psychotropic
13 drugbegin delete usage, which may be caused by, among other things,
14inadequate alternative and less invasive psychosocial services,
15crisis management, and other services,end delete
begin insert utilization warranting
16additional review,end insert
it shall inspect the facility at least once a year.

17(3) The inspection of the facility shall include, but not be limited
18to,begin insert a review ofend insert the following:

begin delete

19(A) A review of the facility’s:

end delete
begin delete

20(i)

end delete

21begin insert(A)end insert Plan of operation, policies, procedures, and practices.

begin delete

22(ii)

end delete

23begin insert(B)end insert Child-to-staff ratios.

begin delete

24(iii)

end delete

25begin insert(C)end insert Staff qualifications and training.

begin delete

26(iv)

end delete

27begin insert(D)end insert Implementation of children’s needs and services plan.

begin delete

28(v)

end delete

29begin insert(E)end insert Availability of psychosocial and other alternative treatments
30to the use of psychotropic medications.

begin delete

31(vi)

end delete

32begin insert(F)end insert Other factors that the department determines contribute to
33begin delete disproportionately high and inappropriateend delete levels of psychotropic
34drugbegin delete usage.end deletebegin insert utilization that warrant additional review.end insert

begin delete

35(B)

end delete

36begin insert(G)end insert Confidential interviewsbegin delete with youthend deletebegin insert of childrenend insert residing in
37the facility at the time of the begin delete inspection, with youth who resided
38in the facility within the last six months, and confidential
39discussions with physicians identified as prescribing the
40 medications. The State Department of Health Care Services and
P10   1the State Department of Social Services shall, using existing data
2systems, identify prescribers’ names, addresses, and contact
3information in order to facilitate interviews with prescribers.end delete

4begin insert inspection.end insert

begin delete

5(b) If, as a result of an inspection pursuant to subdivision (a),
6the department finds, based on measures established pursuant to
7this section, that the facility has disproportionately high and
8inappropriate levels of psychotropic drug usage, which may be
9caused by, among other things, inadequate alternative and less
10invasive psychosocial services, crisis management, and other
11services, the facility shall submit to the department a plan of
12correction describing the steps it shall take to reduce or eliminate
13inappropriate psychotropic drug usage. The plan of correction shall
14be submitted to the department within 30 days after the facility
15has received the department’s notice of a determination of
16disproportionately high and inappropriate levels of psychotropic
17drug usage at the facility. The plan of correction may include, but
18not be limited to, the following:

19(1) An improved crisis management plan, including deescalation
20techniques and procedures in which their staff will be trained.

21(2) An overall behavioral management plan which shall be a
22trauma-informed plan.

23(3) A quantifiable goal to decrease the use of antipsychotic
24medications for behavioral control, to decrease polypharmacy, and
25to decrease the use of pro re nata medications.

26(4) A quantifiable goal for improving appropriate metabolic
27monitoring as set forth in the California Guidelines for the Use of
28Psychotropic Medication with Children and Youth in Foster Care
,
29and increasing psychosocial, physical, mental, behavioral, and
30nutritional services for children prescribed psychotropic
31medications while placed in that facility.

32(c) The department shall monitor a facility’s implementation of
33the plan submitted pursuant to subdivision (b) to determine all of
34the following:

35(1) Whether the facility has reduced the rate at which residents
36are administered pro re nata, multiple, and off-label psychotropic
37medications, and, if so, the percentage decrease in the
38administration of those medications.

P11   1(2) Whether and to what extent alternative, less invasive
2treatments are being provided to residents, and, if so, the percentage
3increase in the provision of those services.

4(3) Whether and to what extent appropriate metabolic monitoring
5is being conducted and, if so, the percentage increase in the
6provision of appropriate monitoring.

7(d) (1) Following an inspection pursuant to subdivision (a), the
8Community Care Licensing Division shall provide a report to the
9department’s Children and Family Services Division and to any
10other public agency that has certified the facility’s program or any
11component of the facility’s program, including, but not limited to,
12the State Department of Health Care Services, which certifies
13group homes pursuant to Section 4096.5 of the Welfare and
14Institutions Code.

15(2) If, as a result of the inspection, the Community Care
16Licensing Division suspects that a prescriber has failed to comply
17with Section 2242 of the Business and Professions Code, or with
18the California Guidelines for the Use of Psychotropic Medication
19with Children and Youth in Foster Care
, it shall report its concerns
20to the Medical Board of California.

21(3) If, as a result of the inspection, the Community Care
22Licensing Division suspects there has been a violation of applicable
23requirements prescribed by statutes or regulations of this state, it
24shall conduct the appropriate investigation pursuant to Section
251538 of the Health and Safety Code.

end delete
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

32(b) Based upon an inspection conducted pursuant to subdivision
33(a), the department shall share relevant information or
34observations with county placing agencies, social workers,
35probation officers, the court, dependency counsel, or the Medical
36Board of California. If, as a result of the inspection conducted
37pursuant to subdivision (a), the department finds a risk to the
38health, safety, or personal rights of clients in care, the facility shall
39submit a plan of correction to the department. The plan of
40correction shall be submitted to the department within 30 days
P12   1after the facility has received the department’s notice of findings.
2The department shall monitor the implementation of the plan of
3correction to determine that the concerns identified during the
4inspection have been addressed. This subdivision does not prevent
5the department from taking any other corrective action as permitted
6under any other law or any regulation adopted pursuant to this
7chapter.

end insert
begin delete

8(e)

end delete

9begin insert(c)end insert (1) Notwithstanding the rulemaking provisions of the
10Administrative Procedure Act (Chapter 3.5 (commencing with
11Section 11340) of Part 1 of Division 3 of Title 2 of the Government
12Code), until emergency regulations are filed with the Secretary of
13State, the department may implement this section through
14all-county letters or similarbegin delete instructions from the director.end delete
15begin insert instructions.end insert

16(2) On or before January 1, 2017, the department shall adopt
17regulations to implement this section. The initial adoption,
18amendment, or repeal of a regulation authorized by this subdivision
19is deemed to address an emergency, for purposes of Sections
2011346.1 and 11349.6 of the Government Code, and the department
21is hereby exempted for that purpose from the requirements of
22subdivision (b) of Section 11346.1 of the Government Code. After
23the initial adoption, amendment, or repeal of an emergency
24regulation pursuant to this section, the department may twice
25request approval from the Office of Administrative Law to readopt
26the regulation as an emergency regulation pursuant to Section
2711346.1 of the Government Code. The department shall adopt final
28regulations on or before January 1, 2018.

begin delete

29(f)

end delete

30begin insert(d)end insert Nothing in this section is intended to replace or alter other
31requirements for responding to complaints and making inspections
32or visits to group homes, including, but not limited to, those set
33forth in Sections 1534 and 1538.

begin insert

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

end insert
36

begin deleteSEC. 4.end delete
37begin insertSEC. 5.end insert  

Section 11469 of the Welfare and Institutions Code is
38amended to read:

39

11469.  

(a) Thebegin delete department, inend deletebegin insert department shall develop,
40followingend insert
consultation with group home providers, the County
P13   1Welfare Directors Association of California, the Chief Probation
2Officers of California, thebegin delete California Mental Health Directors
3Association, andend delete
begin insert County Behavioral Health Directors Association
4of California,end insert
the State Department of Health Care Services,begin delete shall
5developend delete
begin insert and stakeholders,end insert performance standards and outcome
6measures for determining the effectiveness of the care and
7supervision, as defined in subdivision (b) of Section 11460,
8provided by group homes under the AFDC-FC program pursuant
9to Sections 11460 and 11462. These standards shall be designed
10to measure group home program performance for the client group
11that the group home program is designed to serve.

12(1) The performance standards and outcome measures shall be
13designed to measure the performance of group home programs in
14 areas over which the programs have some degree of influence, and
15in other areas of measurable program performance that the
16department can demonstrate are areas over which group home
17programs have meaningful managerial or administrative influence.

18(2) These standards and outcome measures shall include, but
19are not limited to, the effectiveness of services provided by each
20group home program, and the extent to which the services provided
21by the group home assist in obtaining the child welfare case plan
22objectives for the child.

23(3) In addition, when the group home provider has identified
24as part of its program for licensing, ratesetting, or county placement
25purposes, or has included as a part of a child’s case plan by mutual
26agreement between the group home and the placing agency,
27specific mental health, education, medical, and other child-related
28services, the performance standards and outcome measures may
29also measure the effectiveness of those services.

30(b) Regulations regarding the implementation of the group home
31performance standards system required by this section shall be
32adopted no later than one year prior to implementation. The
33regulations shall specify both the performance standards system
34and the manner by which the AFDC-FC rate of a group home
35program shall be adjusted if performance standards are not met.

36(c) Except as provided in subdivision (d), effective July 1, 1995,
37group home performance standards shall be implemented. Any
38group home program not meeting the performance standards shall
39have its AFDC-FC rate, set pursuant to Section 11462, adjusted
40according to the regulations required by this section.

P14   1(d) A group home program shall be classified at rate
2classification level 13 or 14 only if all of the following are met:

3(1) The program generates the requisite number of points for
4rate classification level 13 or 14.

5(2) The program only accepts children with special treatment
6needs as determined through the assessment process pursuant to
7paragraph (2) of subdivision (a) of Section 11462.01.

8(3) The program meets the performance standards designed
9pursuant to this section.

10(e) Notwithstanding subdivision (c), the group home program
11 performance standards system shall not be implemented prior to
12the implementation of the AFDC-FC performance standards
13system.

14(f) On or before January 1, 2016, thebegin delete department, inend deletebegin insert department
15shall develop, followingend insert
consultation with the County Welfare
16Directors Association of California, the Chief Probation Officers
17of California, thebegin delete California Mental Health Directors Association,end delete
18begin insert County Behavioral Health Directors Association of California,end insert
19 research entities, fosterbegin delete youth,end deletebegin insert children,end insert advocates for fosterbegin delete youth,end delete
20begin insert children,end insert foster care provider business entities organized and
21operated on a nonprofit basis, Indian tribes, and other stakeholders,
22begin delete shall developend delete additional performance standards and outcome
23measures that require group homes to implement programs and
24services to minimize law enforcement contacts and delinquency
25petition filings arising from incidents of allegedly unlawful
26behavior by minors occurring in group homes or under the
27supervision of group home staff, including individualized behavior
28management programs, emergency intervention plans, and conflict
29resolution processes.

30(g) On or before January 1, 2017, thebegin delete department, inend deletebegin insert department
31shall develop, followingend insert
consultation with the County Welfare
32Directors Association of California, the Chief Probation Officers
33of California, thebegin delete California Mental Health Directors Association,end delete
34begin insert County Behavioral Health Directors Association of California,
35the Medical Board of California,end insert
research entities, fosterbegin delete youth,end delete
36begin insert childrenend insert advocates for fosterbegin delete youth,end deletebegin insert children,end insert foster care provider
37business entities organized and operated on a nonprofit basis,
38Indian tribes, and other stakeholders,begin delete shall developend delete additional
39performance standards and outcome measures that require group
40homes to implementbegin insert alternativeend insert programs andbegin delete services to reduce
P15   1the utilization of psychotropic medications for children in group
2homes,end delete
begin insert services,end insert including individualized behavior management
3programs, emergency intervention plans, and conflict resolution
4processes.

5

begin deleteSEC. 5.end delete
6begin insertSEC. 6.end insert  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



O

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