AB 1790, as introduced, Dickinson. Foster children: mental health services.
Existing law provides for the Adoption Assistance Program, administered by the State Department of Social Services, which provides for the payment by the department and counties of cash assistance to eligible families that adopt eligible children, and bases the amount of the payment on the needs of the child and the circumstances of the family. Under existing law, the department, county adoption agency, or licensed adoption agency is required, among other duties, to provide the prospective adoptive family with information on the availability of mental health services through the Medi-Cal program or other programs. Existing law provides that a foster child whose adoption has become final and who is receiving or is eligible to receive Adoption Assistance Program assistance, including Medi-Cal, and whose foster care court supervision has been terminated, shall be provided medically necessary specialty mental health services by the local mental health plan in the county of residence of his or her adoptive parents, as specified.
This bill would require the county mental health plan to prioritize referrals of pre- and postadoptive or guardianship families to specialty mental health services providers who are adoption and permanency competent, as described, and requires the county mental health plan to attempt to ensure that an adequate number of adoption and permanency competent specialty mental health providers are available to meet the needs of the children.
To the extent that it would impose new duties on counties in connection with the provision of mental health services, this bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares all of the
2following:
3(1) Despite the increase in the number of children achieving
4permanence through adoption, placement of a child into a stable
5and motivated family is not considered sufficient to compensate
6for psychosocial problems related to prior trauma and chronic
7maltreatment. As the number of adopted children with significant
8developmental and emotional issues surrounding their adoption
9experience has grown, the need has increased for child welfare
10professionals and clinicians with an in-depth understanding of
11adoption issues and the skills to work effectively with adoptive
12persons and their families.
13(2) Adoption issues are not typically included in the education
14of psychologists and marriage and family therapists, and these
15issues are given relatively limited attention in the training of
16graduate level social workers. Many textbooks for counseling
17professionals have limited coverage of adoption. As a result, most
18mental health practitioners and many child welfare professionals
19lack knowledge about adoption and the issues that are unique to
20adoptive families. Many mental health professionals, for example,
21are unaware of the potential impact of adoption on clients. Given
22the absence of education on adoption issues, it is not surprising
P3 1that many counselors report feeling unprepared to deal with
2adoption related issues in their practice.
3(3) The interest in developing specialized clinical training in
4adoption has evolved over two decades as a result of the high
5demand for postadoption services by families and the lack of local
6
mental health and post permanency supports that address the needs
7of adoptive families.
8(4) Adoption competence begins with a solid foundation of
9knowledge and clinical skills gained through an approved graduate
10program in psychiatry, psychology, social work, marriage and
11family therapy, or counseling. Meeting the needs of individuals
12and families touched by adoption also requires specialized training
13in assessment, diagnosis, and intervention. At each phase of the
14clinical process, therapists must be attuned to the complex array
15of historical and contemporary factors impacting the lives of their
16clients and, specifically, to the ways in which the adoption
17experience can influence their identity, relationships, and
18development.
19(b) It is the intent of the Legislature in enacting this act to
20increase stability of adoptive and guardianship families by
21increasing the pool of adoption
and permanency competent mental
22health professionals.
Section 16125 of the Welfare and Institutions Code is
24amended to read:
A foster child whose adoption has become final, who
26is receiving or is eligible to receive Adoption Assistance Program
27assistance, including Medi-Cal, and whose foster care court
28supervision has been terminated, shall be provided medically
29necessary specialty mental health services by the local mental
30health plan in the county of residence of his or her adoptive parents,
31pursuant to all of the following:
32(a) The host county mental health plan shall be responsible for
33submitting the treatment authorization request (TAR) to the mental
34health plan in the county of origin.
35(b) The requesting public or private service provider shall
36prepare the TAR.
37(c) The county of origin shall retain responsibility for
38authorization and reauthorization of services utilizing an expedited
39TAR process.
P4 1(d) The county mental health plan shall prioritize referrals of
2pre- and postadoptive or guardianship families to specialty mental
3health services providers who are adoption and permanency
4competent.
5(1) A mental health professional shall be considered adoption
6and permanency competent if the following requirements are met:
7(A) The mental health professional has completed the requisite
8education and obtained all necessary licenses
otherwise required
9by law.
10(B) The mental health professional has completed a minimum
11of 48 hours of adoption and permanency competency training from
12an evidence-informed curriculum that shows empirical support
13for the impact of training on recipients’ knowledge and adoption
14practice. Topics covered in the curricula shall include, at a
15minimum, all of the following:
16(i) Separation, grief, and loss.
end insertbegin insert17(ii) Attachment.
end insertbegin insert18(iii) Trauma and brain development.
end insertbegin insert19(iv) Identity formation.
end insertbegin insert20(v) Openness in adoption.
end insertbegin insert21(vi) Impact of pre- or postnatal exposure to drugs and alcohol.
end insertbegin insert
22(vii) Adoptive family formation, integration, and developmental
23stages.
24(viii) Family constellation challenges in adoption, including
25the birth family and the adoptive family.
26(ix) Race, ethnicity, sexual orientation, gender identity, and
27cultural competence.
28(x) Tools for skilled practice.
end insertbegin insert
29(xi) Tools for adoptive parents, including, but not limited to,
30decoding behaviors, how to mitigate impacts of trauma, and
31recognizing behavioral and emotional challenges in context of life
32histories.
33(C) A family-based, strength-based, and evidence-based
34approach to working with adoptive families and birth families.
35(D) A developmental and systemic approach to understanding
36and working with adoptive and birth families.
37(E) Demonstrated knowledge, clinical skills, and experience in
38treating individuals with a history of abuse, neglect, or trauma.
39(F) Demonstrated knowledge, clinical skills, and experience in
40working with adoptive families and birth families.
P5 1(2) County mental health plans shall attempt to ensure that an
2adequate number of adoption and permanency competent specialty
3mental health providers are available to meet the needs of children
4formerly in foster care who have been adopted or are with
5guardianship families.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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