Amended in Assembly March 25, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1790

Introduced by Assembly Member Dickinson

February 18, 2014

An act to amend begin insert Section 8715 of, and to add Section 8715.5 to, the Family Code, and to amend end insert Section 16125 of the Welfare and Institutions Code, relating to foster children.

LEGISLATIVE COUNSEL’S DIGEST

AB 1790, as amended, 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 begin delete , and requires end delete begin insert . The bill would require the department to convene a stakeholder group to facilitate the development of a process to approve curricula and determine criteria for trainers of mental health professionals seeking to become adoption and permanency competent. The bill would also require end insert the county mental health plan to begin delete attempt to ensure that an adequate number end delete begin insert take steps to increase the pool end insert of adoption and permanency competent specialty mental health providers begin insert who end insert 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.

begin insert

Existing law requires the department, county adoption agency, or licensed adoption agency, whichever is a party to an adoption petition, to submit a full report of the facts of the case to the court.

end insert begin insert

This bill, commencing January 1, 2016, would require the department, county adoption agency, or licensed adoption agency to inform the prospective adoptive parents about the importance of working with mental health providers who are competent in the provision of adoption- and permanency-related mental health services, and to indicate in the report whether this information has been provided.

end insert begin insert

By requiring county adoption agencies to provide this information, this bill would impose a state-mandated local program.

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, 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:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) Despite the increase in the number of children achieving
permanence through adoption, placement of a child into a stable
and motivated family is not considered sufficient to compensate
for psychosocial problems related to prior trauma and chronic
maltreatment. As the number of adopted children with significant
developmental and emotional issues surrounding their adoption
experience has grown, the need has increased for child welfare
professionals and clinicians with an in-depth understanding of
adoption issues and the skills to work effectively with adoptive
persons and their families.

(2) Adoption issues are not typically included in the education
of psychologists and marriage and family therapists, and these
issues are given relatively limited attention in the training of
graduate level social workers. Many textbooks for counseling
professionals have limited coverage of adoption. As a result, most
mental health practitioners and many child welfare professionals
lack knowledge about adoption and the issues that are unique to
adoptive families. Many mental health professionals, for example,
are unaware of the potential impact of adoption on clients. Given
the absence of education on adoption issues, it is not surprising
that many counselors report feeling unprepared to deal with
adoption related issues in their practice.

(3) The interest in developing specialized clinical training in
adoption has evolved over two decades as a result of the high
demand for postadoption services by families and the lack of local
mental health and post permanency supports that address the needs
of adoptive families.

(4) Adoption competence begins with a solid foundation of
knowledge and clinical skills gained through an approved graduate
program in psychiatry, psychology, social work, marriage and
family therapy, or counseling. Meeting the needs of individuals
and families touched by adoption also requires specialized training
in assessment, diagnosis, and intervention. At each phase of the
clinical process, therapists must be attuned to the complex array
of historical and contemporary factors impacting the lives of their
clients and, specifically, to the ways in which the adoption
experience can influence their identity, relationships, and
development.

(b) It is the intent of the Legislature in enacting this act to
increase stability of adoptive and guardianship families by
increasing the pool of adoption and permanency competent mental
health professionals.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8715 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8715.  

(a) The department, county adoption agency, or licensed
adoption agency, whichever is a party to, or joins in, the petition,
shall submit a full report of the facts of the case to the court.

(b) If the child has been adjudged to be a dependent of the
juvenile court pursuant to Section 300 of the Welfare and
Institutions Code, and has thereafter been freed for adoption by
the juvenile court, the report required by this section shall describe
whether the requirements of subdivision (e) of Section 16002 of
the Welfare and Institutions Code have been completed and what,
if any, plan exists for facilitation of postadoptive contact between
the child who is the subject of the adoption petition and his or her
siblings and half siblings.

(c) If a petition for adoption has been filed with a postadoption
contact agreement pursuant to Section 8616.5, the report shall
address whether the postadoption contact agreement has been
entered into voluntarily, and whether it is in the best interests of
the child who is the subject of the petition.

begin insert

(d) Commencing January 1, 2016, the report required by this
section shall describe whether the prospective adoptive parents
have been provided with the information required by Section
8715.5.

end insert begin delete

(d)

end delete

begin insert (e) end insert  The department may also submit a report in those cases in
which a county adoption agency, or licensed adoption agency is
a party or joins in the adoption petition.

begin delete

(e)

end delete

begin insert (f) end insert  If a petitioner is a resident of a state other than California,
an updated and current homestudy report, conducted and approved
by a licensed adoption agency or other authorized resource in the
state in which the petitioner resides, shall be reviewed and endorsed
by the department, county adoption agency, or licensed adoption
agency, if the standards and criteria established for a homestudy
report in the other state are substantially commensurate with the
homestudy standards and criteria established in California adoption
regulations.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8715.5 is added to the end insert begin insert Family Code end insert begin insert , to read: end insert

begin insert

begin insert 8715.5. end insert   

(a) Prior to the finalization of an adoption, the
department, county adoption agency, or licensed adoption agency
shall inform the adoptive parents about the importance of working
with mental health providers who are competent in the provision
of adoption- and permanency-related mental health services,
should they require those services in the future. This information
shall include the competency criteria set forth in subdivision (d)
of Section 16125 of the Welfare and Institutions Code.

(b) This section shall become operative on January 1, 2016.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 16125 of the Welfare and Institutions Code is
amended to read:

16125.  

A foster child whose adoption has become final, 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,
pursuant to all of the following:

(a) The host county mental health plan shall be responsible for
submitting the treatment authorization request (TAR) to the mental
health plan in the county of origin.

(b) The requesting public or private service provider shall
prepare the TAR.

(c) The county of origin shall retain responsibility for
authorization and reauthorization of services utilizing an expedited
TAR process.

(d) The county mental health plan shall prioritize referrals of
pre- and postadoptive or guardianship families to specialty mental
health services providers who are adoption and permanency
competent.

(1) A mental health professional shall be considered adoption
and permanency competent if the following requirements are met:

(A) The mental health professional has completed the requisite
education and obtained all necessary licenses otherwise required
by law.

(B) The mental health professional has completed a minimum
of 48 hours of adoption and permanency competency training from
an evidence-informed curriculum that shows empirical support for
the impact of training on recipients’ knowledge and adoption
practice. Topics covered in the curricula shall include, at a
minimum, all of the following:

(i) Separation, grief, and loss.

(ii) Attachment.

(iii) Trauma and brain development.

(iv) Identity formation.

(v) Openness in adoption.

(vi) Impact of pre- or postnatal exposure to drugs and alcohol.

(vii) Adoptive family formation, integration, and developmental
stages.

(viii) Family constellation challenges in adoption, including the
birth family and the adoptive family.

(ix) Race, ethnicity, sexual orientation, gender identity, and
cultural competence.

(x) Tools for skilled practice.

(xi) Tools for adoptive parents, including, but not limited to,
decoding behaviors, how to mitigate impacts of trauma, and
recognizing behavioral and emotional challenges in context of life
histories.

(C) A family-based, strength-based, and evidence-based
approach to working with adoptive families and birth families.

(D) A developmental and systemic approach to understanding
and working with adoptive and birth families.

(E) Demonstrated knowledge, clinical skills, and experience in
treating individuals with a history of abuse, neglect, or trauma.

(F) Demonstrated knowledge, clinical skills, and experience in
working with adoptive families and birth families.

(2) County mental health plans shall begin delete attempt to ensure that an
adequate number end delete begin insert take steps to increase the pool end insert of adoption and
permanency competent specialty mental health providers begin insert who end insert are
available to meet the needs of children formerly in foster care who
have been adopted or are with guardianship families.

begin insert

(3) The department shall convene a stakeholder group as
appropriate to facilitate the development of a process to approve
curricula and determine criteria for trainers. The stakeholder
group shall also facilitate the establishment of a process by which
mental health practitioners with adoption and permanency
competency comply with the requirements specified in paragraph
(1).

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.