BILL NUMBER: AB 403 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Mark Stone
FEBRUARY 19, 2015
An act relating to foster care. An act to
amend Sections 7911, 7911.1, and 7912 of the Family Code, to amend
Section 6276.38 of the Government Code, to amend Sections 1502,
1507.25, 1520.1, 1522.2, 1522.4, 1522.41, 1 522.43,
1524.6, 1530.7, 1530.8, 1531.1, 1531.15, 1534, 1536, 1538.3, 1538.5,
1538.6, 1538.7, 1548, 1562, 1562.35, 1563, and 1567.4 of, to amend,
repeal, and add Sections 1502.4 and 1529.2 of, and to add Sections
1506.1 and 1562.01 to, the Health and Safety Code, to amend Sections
11105.2 and 11105.3 of the Penal Code, and to amend Sections 361.2,
727.1, 4094.2, 11400, 11403.2, 11460, 11461.2, 11465, 11466.21,
11466.22, 11466.25, 11466.3, 11466.31, 11466.32, 11466.33, 11466.34,
11466.35, 11466.36, 11466.5, 11466.6, 11468, 16000, 16501, 16501.1
16519.5, and 18251 of, to amend, repeal, and add Sections
4096, 4096.5, 11402, 11462, 11462.01, 11462.02, 11462.04, 11463, and
18254 of, to add Sections 831, 11466, 16519.52, 16519.53, 16519.54,
and 16519.55 to, and to add and repeal Section 11463.1 of, the
Welfare and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 403, as amended, Mark Stone. Foster care.
Public social services: foster care placement: funding.
Existing law, the California Community Care Facilities Act,
requires the State Department of Social Services to license and
regulate various out-of-home facilities and entities responsible for
children and nonminor dependents in foster care, including foster
family homes, group homes, and out-of-state group homes, and imposes
training requirements on foster parents. A violation of the act is a
misdemeanor.
Existing law provides for the placement of certain children in
foster care under the supervision of the department and county
welfare departments. Existing law also establishes the Aid to
Families with Dependent Children-Foster Care (AFDC-FC) program, under
which counties provide payments to foster care providers on behalf
of qualified children in foster care.
This bill would provide for the reclassification of treatment
facilities and the transition from the use of group homes for
children in foster care to the use of short-term residential
treatment centers, as defined. The bill would impose licensing
requirements on those facilities, the violation of which would be a
crime pursuant to the act, thereby imposing a state-mandated local
program.
The bill would revise the foster parent training requirements
imposed by the act. The bill would also provide for the development
of child and family teams, as defined, to inform the process of
placement and services to foster children and to children at risk of
foster care placement. The bill would make conforming and related
changes, including requiring the department to develop a new payment
structure for funding placement options for children in foster care.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
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.
Existing law declares the intent of the Legislature to preserve
and strengthen a child's family ties whenever possible, removing the
child from the custody of his or her parents only when necessary for
his or her welfare or for the safety and protection of the public.
Existing law includes various provisions relating to appropriate
placement and other services for children in foster care.
This bill would express the intent of the Legislature to enact
legislation that would reform the continuum of care for youth in
foster care in the areas of placement setting, accreditation,
temporary transition strategies, foster family agency licensure,
provision of core services, residential treatment service provisions,
residential treatment center employment requirements, rates, program
auditing, and performance measures and transparency.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in
adopting this act to improve California's child welfare system and
its outcomes by using comprehensive initial child assessments,
increasing the use of home-based family care and th e
provision of services and supports to home-based family care,
reducing the use of congregate care placement settings, and creating
faster paths to permanency resulting in shorter durations of
involvement in the child welfare and juvenile justice systems. These
changes, along with other provisions in this act, require initial
investments in the child welfare system. When implemented, the act
will reduce overall costs to local agencies and allow
local savings to be reinvested in child welfare. The Legislature
therefore intends that funding beginning with the 2015-16 fiscal year
for the initial implementation of this act be short term. Because
the act will result in overall fiscal savings to local agencies, the
act shall not have the overall effect of increasing the costs already
borne by a local agency for programs or levels of service mandated
by the 2011 Public Safety Realignment. The act therefore will not
require the state to provide annual funding described in Section 36
of Article XIII of the California Constitution after the state
provides short-term funding for local agencies' initial
implementation of the act.
SEC. 2. Section 7911 of the Family Code
is amended to read:
7911. The Legislature finds and declares all of the following:
(a) The health and safety of California children placed by a
county social services agency or probation department out of state
pursuant to the provisions of the Interstate Compact on the Placement
of Children are a matter of statewide concern.
(b) The Legislature therefore affirms its intention that the State
Department of Social Services has full authority to require an
assessment and placement recommendation by a county multidisciplinary
team prior to placement of a child in an out-of-state group home, to
investigate allegations of child abuse or neglect of minors so
placed, and to ensure that out-of-state group homes, accepting
California children, meet all California group home licensing
standards. The Legislature also affirms its intention that, on
and after January 1, 2017, the licensing standards applicable to
out-of-state group homes shall apply to short-term residential
treatment centers operated in this state.
(c) This section is declaratory of existing law with respect to
the Governor's designation of the State Department of Social Services
to act as the compact administrator and of that department to act as
the single state agency charged with supervision of public social
services under Section 10600 of the Welfare and Institutions Code.
SEC. 3. Section 7911.1 of the Family
Code is amended to read:
7911.1. (a) Notwithstanding any other law, the State Department
of Social Services or its designee shall investigate any threat to
the health and safety of children placed by a California county
social services agency or probation department in an out-of-state
group home pursuant to the provisions of the Interstate Compact on
the Placement of Children. This authority shall include the authority
to interview children or staff in private or review their file at
the out-of-state facility or wherever the child or files may be at
the time of the investigation. Notwithstanding any other law, the
State Department of Social Services or its designee shall require
certified out-of-state group homes to comply with the reporting
requirements applicable to group homes licensed in California
pursuant to Title 22 of the California Code of Regulations for each
child in care regardless of whether he or she is a California
placement, by submitting a copy of the required reports to the
Compact Administrator within regulatory timeframes. The Compact
Administrator within one business day of receiving a serious events
report shall verbally notify the appropriate placement agencies and
within five working days of receiving a written report from the
out-of-state group home, forward a copy of the written report to the
appropriate placement agencies.
(b) Any contract, memorandum of understanding, or agreement
entered into pursuant to paragraph (b) of Article 5 of the Interstate
Compact on the Placement of Children regarding the placement of a
child out of state by a California county social services agency or
probation department shall include the language set forth in
subdivision (a).
(c) (1) The State Department of Social
Services or its designee shall perform initial and continuing
inspection of out-of-state group homes in order to either certify
that the out-of-state group home meets all licensure standards
required of group homes operated in California or that the department
has granted a waiver to a specific licensing standard upon a finding
that there exists no adverse impact to health and safety.
Any
(2) On and after January 1, 2017, the licensure standards
applicable to out-of-state group homes described in paragraph (1)
shall apply to short-term residential treatment centers operated in
this state.
( 3) Any failure by an
out-of-state group home facility to make children or staff available
as required by subdivision (a) for a private interview or make files
available for review shall be grounds to deny or discontinue the
certification. The State Department of Social Services shall grant or
deny an initial certification or a waiver under this subdivision to
an out-of-state group home facility that has more than six California
children placed by a county social services agency or probation
department by August 19, 1999. The department shall grant or deny an
initial certification or a waiver under this subdivision to an
out-of-state group home facility that has six or fewer California
children placed by a county social services agency or probation
department by February 19, 2000. Certifications made pursuant to this
subdivision shall be reviewed annually.
(d) Within six months of the effective date of this section, a
county shall be required to obtain an assessment and placement
recommendation by a county multidisciplinary team for each child in
an out-of-state group home facility. On or after March 1, 1999, a
county shall be required to obtain an assessment and placement
recommendation by a county multidisciplinary team prior to placement
of a child in an out-of-state group home facility.
(e) Any failure by an out-of-state group home to obtain or
maintain its certification as required by subdivision (c) shall
preclude the use of any public funds, whether county, state, or
federal, in the payment for the placement of any child in that
out-of-state group home, pursuant to the Interstate Compact on the
Placement of Children.
(f) (1) A multidisciplinary team shall consist of participating
members from county social services, county mental health, county
probation, county superintendents of schools, and other members as
determined by the county.
(2) Participants shall have knowledge or experience in the
prevention, identification, and treatment of child abuse and neglect
cases, and shall be qualified to recommend a broad range of services
related to child abuse or neglect.
(g) (1) The department may deny, suspend, or discontinue the
certification of the out-of-state group home if the department makes
a finding that the group home is not operating in compliance with the
requirements of subdivision (c).
(2) Any judicial proceeding to contest the department's
determination as to the status of the out-of-state group home
certificate shall be held in California pursuant to Section 1085 of
the Code of Civil Procedure.
(h) The certification requirements of this section shall not
impact placements of emotionally disturbed children made pursuant to
an individualized education program developed pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) if the placement is not funded with federal or state foster
care funds.
(i) Only an out-of-state group home authorized by the Compact
Administrator to receive state funds for the placement by a county
social services agency or probation department of any child in that
out-of-state group home from the effective date of this section shall
be eligible for public funds pending the department's certification
under this section.
SEC. 4. Section 7912 of the Family Code
is amended to read:
7912. (a) The Legislature finds and declares that the health and
safety of children in out-of-state group home care pursuant to the
Interstate Compact on the Placement of Children is a matter of
statewide concern. The Legislature therefore affirms its intention
that children placed by a county social services agency or probation
department in out-of-state group homes be accorded the same personal
rights and safeguards of a child placed in a California group home.
This section is in clarification of existing law.
(b) (1) The Compact Administrator may
temporarily suspend any new placements in an out-of-state group home,
for a period not to exceed 100 days, pending the completion of an
investigation, pursuant to subdivision (a) of Section 7911.1,
regarding a threat to the health and safety of children in care.
During any suspension period the department or its designee shall
have staff daily onsite at the out-of-state group home.
(2) On and after January 1, 2017, the licensing standards
applicable to out-of-state group homes shall apply to short-term
residential treatment centers operated in this state.
SEC. 5. Section 6276.38 of the
Government Code is amended to read:
6276.38. Radioactive materials, dissemination of information
about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not
required for risk assessments filed with the Public Utilities
Commission, the Director of Emergency Services, or the Office of
Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of
financial information, confidentiality of, Section 10232.2, Business
and Professions Code.
Real property, acquisition by state or local government,
information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of,
Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited,
Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to
Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security
interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person
involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section
19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information,
confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public
entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning
accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05,
Penal Code.
Repossession agency licensee application, confidentiality of
information, Sections 7503, 7504, and 7506.5, Business and
Professions Code.
Reproductive health facilities, disclosure not required for
personal information regarding employees, volunteers, board members,
owners, partners, officers, and contractors of a reproductive health
services facility who have provided requisite notification, Section
6254.18.
Residence address in any record of Department of Housing and
Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles,
confidentiality of, Section 6254.1, Government Code, and Section
1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor
Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident
information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of
client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55,
Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination
reports, confidentiality of, Section 3756, Business and Professions
Code.
Restraint of trade, civil action by district attorney,
confidential memorandum, Section 16750, Business and Professions
Code.
Reward by Governor for information leading to arrest and
conviction, confidentiality of person supplying information, Section
1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to
a parent or individual surrendering a child, Section 1255.7, Health
and Safety Code.
SEC. 6. Section 1502 of the Health and
Safety Code is amended to read:
1502. As used in this chapter:
(a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
(1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
(2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
(3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
(4) "Foster family agency" means any public agency or private
organization engaged in the recruiting, certifying, and
training of, and providing professional support to, foster parents,
or in finding homes or other places for placement of children for
temporary or permanent care who require that level of care as an
alternative to a group home or short-term residential treatment
center . Private foster family agencies shall be organized and
operated on a nonprofit basis.
(5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased,
or rented and is the residence of the foster parent or parents,
including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
(9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
(12) "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
(13) "Group home" means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be nonmedical,
except as otherwise permitted by law.
(14) "Runaway and homeless youth shelter" means a group home
licensed by the department to operate a program pursuant to Section
1502.35 to provide voluntary, short-term, shelter and personal
services to runaway youth or homeless youth, as defined in paragraph
(2) of subdivision (a) of Section 1502.35.
(15) "Enhanced behavioral supports home" means a facility
certified by the State Department of Developmental Services pursuant
to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of
Division 4.5 of the Welfare and Institutions Code, and licensed by
the State Department of Social Services as an adult residential
facility or a group home that provides 24-hour nonmedical care to
individuals with developmental disabilities who require enhanced
behavioral supports, staffing, and supervision in a homelike setting.
An enhanced behavioral supports home shall have a maximum capacity
of four consumers, shall conform to Section 441.530(a)(1) of Title 42
of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home- and community-based services funding.
(16) "Community crisis home" means a facility certified by the
State Department of Developmental Services pursuant to Article 8
(commencing with Section 4698) of Chapter 6 of Division 4.5 of the
Welfare and Institutions Code, and licensed by the State Department
of Social Services pursuant to Article 9.7 (commencing with Section
1567.80), as an adult residential facility, providing 24-hour
nonmedical care to individuals with developmental disabilities
receiving regional center service, in need of crisis intervention
services, and who would otherwise be at risk of admission to the
acute crisis center at Fairview Developmental Center, Sonoma
Developmental Center, an acute general hospital, acute psychiatric
hospital, an institution for mental disease, as described in Part 5
(commencing with Section 5900) of Division 5 of the Welfare and
Institutions Code, or an out-of-state placement. A community crisis
home shall have a maximum capacity of eight consumers, as defined in
subdivision (a) of Section 1567.80, shall conform to Section 441.530
(a)(1) of Title 42 of the Code of Federal Regulations, and shall be
eligible for federal Medicaid home- and community-based services
funding.
(17) "Crisis nursery" means a facility licensed by the department
to operate a program pursuant to Section 1516 to provide short-term
care and supervision for children under six years of age who are
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation.
(18) "Short-term residential treatment center" means a residential
facility that provides short-term, specialized, and intensive
treatment, including core services as set forth, on and after January
1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the
Welfare and Institutions Code, and 24-hour care and supervision to
children, delivered at least in part by staff employed by the
licensee in a structured environment pursuant to Section 1562.01 of
the Health and Safety Code. The care and supervision provided by a
short-term residential treatment center shall be nonmedical, except
as otherwise permitted by law.
(b) "Department" or "state department" means the State Department
of Social Services.
(c) "Director" means the Director of Social Services.
SEC. 7. Section 1502.4 of the Health
and Safety Code is amended to read:
1502.4. (a) (1) A community care facility licensed as a group
home for children pursuant to this chapter may accept for placement,
and provide care and supervision to, a child assessed as seriously
emotionally disturbed as long as the child does not need inpatient
care in a licensed health facility.
(2) For the purpose of this chapter, the following definitions
shall apply:
(A) "Inpatient care in a licensed health facility" means care and
supervision at a level greater than incidental medical services as
specified in Section 1507.
(B) "Seriously emotionally disturbed" means the same as paragraph
(2) of subdivision (a) of Section 5600.3 of the Welfare and
Institutions Code.
(b) If a child described in subdivision (a) is placed into a group
home program classified at rate classification level 13 or rate
classification level 14 pursuant to Section 11462.01 of the Welfare
and Institutions Code, the licensee shall meet both of the following
requirements:
(1) The licensee shall agree to accept, for placement into its
group home program, only children who have been assessed as seriously
emotionally disturbed by either of the following:
(A) An interagency placement committee, as described in Section
4096 of the Welfare and Institutions Code or by a licensed mental
health professional, as defined in Sections 629 to 633, inclusive, of
Title 9 of the California Code of Regulations.
(B) A licensed mental health professional pursuant to paragraph
(3) of subdivision (i), or subdivision (j), of Section 11462.01 of
the Welfare and Institutions Code if the child is privately placed or
only county funded.
(2) The program is certified by the State Department of Health
Care Services, pursuant to Section 4096.5 of the Welfare and
Institutions Code, as a program that provides mental health treatment
services for seriously emotionally disturbed children.
(c) The
department shall not evaluate, or have any responsibility or
liability with regard to the evaluation of, the mental health
treatment services provided pursuant to this section and paragraph
(3) of subdivision (f) of Section 11462.01 of the Welfare and
Institutions Code.
(d) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04 of the Welfare and Institutions Code.
(2) This section is repealed as of January 1, 2018, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.
SEC. 8. Section 1502.4 is added to the
Health and Safety Code , to read:
1502.4. (a) (1) A community care facility licensed as a
short-term residential treatment center or a foster family agency
that provides treatment services for children pursuant to this
chapter may accept for placement, and provide care and supervision
to, a child assessed as seriously emotionally disturbed as long as
the child does not need inpatient care in a licensed health facility.
(2) For the purposes of this chapter, the following definitions
shall apply:
(A) "Inpatient care in a licensed health facility" means care and
supervision at a level greater than incidental medical services as
specified in Section 1507.
(B) "Seriously emotionally disturbed" means the same as paragraph
(2) of subdivision (a) of Section 5600.3 of the Welfare and
Institutions Code.
(b) If a child described in subdivision (a) is placed into a
short-term residential treatment center or a foster family agency
that provides treatment services pursuant to Section 11462.01 of the
Welfare and Institutions Code, the licensee shall meet both of the
following requirements:
(1) The licensee shall agree to accept, for placement into a
short-term residential treatment center or a foster family agency
that provides treatment services, only children who have been
assessed as seriously emotionally disturbed by either of the
following:
(A) An interagency placement committee or child and family team,
as described in Section 4096 of the Welfare and Institutions Code, or
by a licensed mental health professional.
(B) A licensed mental health professional pursuant to paragraph
(3) of subdivision (i), or subdivision (j), of Section 11462.01 of
the Welfare and Institutions Code if the child is privately placed or
only county funded.
(2) The program is certified by the State Department of Health
Care Services, or a county to which the department has delegated
certification authority pursuant to Section 4096.5 of the Welfare and
Institutions Code, as a program that provides mental health
treatment services for seriously emotionally disturbed children.
(c) The department shall not evaluate, nor have any responsibility
nor liability with regard to the evaluation of, the mental health
treatment services provided pursuant to this section and paragraph
(3) of subdivision (f) of Section 11462.01 of the Welfare and
Institutions Code.
(d) (1) This section shall become operative on January 1, 2017.
(2) This section shall not apply, until January 1, 2018, to a
group home that has been granted an extension pursuant to the
exception process described in subdivision (d) of Section 11462.04 of
the Welfare and Institutions Code.
SEC. 9. Section 1506.1 is added to the
Health and Safety Code , to read:
1506.1. (a) A foster family agency shall prepare and maintain a
current, written plan of operation as required by the department.
(b) On and after July 1, 2017, a foster family agency's plan of
operation shall demonstrate the foster family agency's ability to
support the differing needs of children and their families.
(1) In addition to the rules and regulations adopted pursuant to
this chapter, a foster family agency's plan of operation shall
contain a description of the core services and supports, as set forth
in paragraph (5) of subdivision (b) of Section 11463 the Welfare and
Institutions Code and as prescribed by the department, to be offered
to children and their families, as appropriate or as necessary.
(2) The plan of operation shall describe how the foster family
agency will comply with the resource family approval standards and
requirements, as set forth in Section 16519.5 of the Welfare and
Institutions Code.
(3) In addition to the rules and regulations adopted pursuant to
this chapter, a county licensed to operate a foster family agency
shall describe, in the plan of operation, its conflict of interest
mitigation plan, as set forth in subdivision (g) of Section 11462.02
of the Welfare and Institutions Code.
(c) The department shall have the authority to inspect a foster
family agency pursuant to subdivision (c) of Section 11463 of the
Welfare and Institutions Code.
SEC. 10. Section 1507.25 of the Health
and Safety Code is amended to read:
1507.25. (a) (1) Notwithstanding any other provision of
law, a person described in paragraph (2), who is not a
licensed health care professional, but who is trained to administer
injections by a licensed health care professional practicing within
his or her scope of practice, may administer emergency medical
assistance and injections for severe diabetic hypoglycemia and
anaphylactic shock to a foster child in placement.
(2) The following individuals shall be authorized to administer
emergency medical assistance and injections in accordance with this
subdivision:
(A) A relative caregiver.
(B) A nonrelative extended family member.
(C) A foster family home parent.
(C) A member of a resource family, as defined in subdivision (c)
of Section 16519.5 of the Welfare and Institutions Code.
(D) A small family home parent.
(E) A certified parent of a foster family agency.
(F) A substitute caregiver of a foster family home or a certified
family home.
(G) A direct care staff member of a small family home or a group
home.
(H) On and after January 1, 2017, a direct care staff member of a
short-term residential treatment center.
(3) The licensed health care professional shall periodically
review, correct, or update training provided pursuant to this section
as he or she deems necessary and appropriate.
(b) (1) Notwithstanding any other provision of
law, a person described in paragraph (2), who is not a licensed
health care professional, but who is trained to administer injections
by a licensed health care professional practicing within his or her
scope of practice, may administer subcutaneous injections of other
medications, including insulin, as prescribed by the child's
physician, to a foster child in placement.
(2) The following individuals shall be authorized to give
prescribed injections including insulin in accordance with this
subdivision:
(A) A relative caregiver.
(B) A nonrelative extended family member.
(C) A member of a resource family, as defined in subdivision (c)
of Section 16519.5 of the Welfare and Institutions Code.
(C)
( D) A foster family home parent.
(D)
( E) A small family home parent.
(E)
( F) A certified parent of a foster family
agency.
(F)
( G) In the absence of a foster parent, a
designated substitute caregiver in a foster family home or a
certified family home.
(3) The licensed health care professional shall periodically
review, correct, or update training provided pursuant to this section
as he or she deems necessary and appropriate.
(c) For purposes of this section, administration of an insulin
injection shall include all necessary supportive activities related
to the preparation and administration of injection, including glucose
testing and monitoring.
(d) Notwithstanding Part 5.5 (commencing with Section 17700) of
Division 9 of, and particularly subdivision (g) of Section 17710 of,
the Welfare and Institutions Code, a child's need to receive
injections pursuant to this section shall not be the sole basis for
determining that the child has a medical condition requiring
specialized in-home health care.
(e) This section does not supersede the requirements of Section
369.5 of the Welfare and Institutions Code, with respect to the
administration of psychotropic medication to a dependent child of the
court.
SEC. 11. Section 1520.1 of the Health
and Safety Code is amended to read:
1520.1. In addition to Section 1520, applicants for a group home
facility or short-term residential treatment
center license shall meet the following requirements:
(a) (1) During the first 12 months of operation, the facility
shall operate with a provisional license. After eight months of
operation, the department shall conduct a comprehensive review of the
facility for compliance with all applicable laws and regulations and
help develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be issued.
(2) If the department determines that the group home or
short-term residential treatment center is in substantial
compliance with licensing standards, notwithstanding Section 1525.5,
the department may extend the provisional license for up to an
additional six months for either of the following reasons:
(A) The group home or short-term residential treatment center
requires additional time to be in full compliance with
licensing standards.
(B) After 12 months of operation, the group home or
short-term residential treatment center is not operating at 50
percent of its licensed capacity.
(3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.
(4) The department may deny a group home or short-term
residential treatment center license application at any time
during the term of the provisional license to protect the health and
safety of clients. If the department denies the application, the
group home or short-term residential treatment center
shall cease operation immediately. Continued operation of the
facility after the department denies the application or the
provisional license expires shall constitute unlicensed operation.
(5) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the group
home's or short-term residential treatment center's
operation may be filed.
(b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home's board of directors
and every member of a short-term residential treatment center's
board of directors shall, prior to becoming a member of the
board of directors sign a statement that the board member understands
his or her legal duties and obligations as a member of the board of
directors and that the group home's or short-term residential
treatment center's operation is governed by laws and
regulations that are enforced by the department, as set forth in the
booklet. The applicant, provisional licensee, and licensee shall have
this statement available for inspection by the department. For
members of the board of directors when the booklet is produced, the
licensee shall obtain this statement by the next scheduled meeting of
the board of directors. Compliance with this paragraph shall be a
condition of licensure.
(2) No later than May 1, 1999, the department, in
cooperation with the Department of Justice and in consultation with
group home providers, shall develop and The department
shall distribute to every group home provider and
short-term residential treatment center provider, respectively,
detailed information designed to educate members of the group home
provider's or short-term residential treatment center provider's
board of directors of their roles and responsibilities as
board members of a public benefit corporation under the laws of this
state. The information shall be included in a booklet, which
may be revised as deemed necessary by the department,
and shall include, but not be limited to, all of the
following:
(A) The financial responsibilities of a member of the board of
directors.
(B) Disclosure requirements for self-dealing transactions.
(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of board member terms, voting procedures, board
meetings, quorums, minutes of board meetings, and, as provided for in
subdivision (f), board member duties.
(D) A general overview of the laws and regulations governing the
group home's or short-term residential treatment center's
operation that are enforced by the department.
(c) All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the
facility, including, but not limited to, employee timecards and
timesheets, shall be signed and dated by the employee and by the
group home representative or short-term residential treatment
center representative who is responsible for ensuring the
accuracy of the information contained in the record, and shall
contain an affirmative statement that the signatories understand that
the information contained in the document is correct to the best of
their knowledge and that submission of false or misleading
information may be prosecuted as a crime.
(d) An applicant, provisional licensee, or licensee shall
maintain, submit, and sign financial documents to verify the
legitimacy and accuracy of these documents. These documents include,
but are not limited to, the group home or short-term residential
treatment center application, any financial documents and
plans of corrections submitted to the department, and time sheets.
(e) (1) It is the intent of the Legislature that a group home
or short-term residential treatment center have either
representatives on its board of directors, as listed in paragraph
(2), or a community advisory board, that meets at least annually.
(2) The representatives on the board of directors or the community
advisory board members should consist of at least the following
persons:
(A) A member of the facility's board of directors.
(B) Members of the community where the facility is located.
(C) Neighbors of the facility.
(D) Current or former clients of the facility.
(E) A representative from a local law enforcement or other city or
county representative.
(f) Each group home or short-term residential treatment
center provider shall schedule and conduct quarterly meetings
of its board of directors. During these quarterly meetings, the board
of directors shall review and discuss licensing reports, financial
and program audit reports of its group home or short-term
residential treatment center operations, special incident
reports, and any administrative action against the licensee or its
employees. The minutes shall reflect the board's discussion of these
documents and the group home's or short-term residential
treatment center's operation. The licensee shall make available
the minutes of group home home's
or short-term residential treatment center's board of directors
meetings to the department.
SEC. 12. Section 1522.2 of the Health
and Safety Code is amended to read:
1522.2. If a local law enforcement agency, a probation officer,
or a local department or agency that provides social services becomes
aware that an employee of a community treatment facility, a day
treatment facility, a group home, a short-term residential
treatment center, or a foster family agency has been arrested
for child abuse, as defined in Section 11165.6 of the Penal Code,
after determining that the potential for abuse is present and that
the employee is free to return to the facility where children are
present, the local law enforcement agency, probation officer, or
local department or agency shall notify the licensee of the charge of
abuse.
SEC. 13. Section 1522.4 of the Health
and Safety Code is amended to read:
1522.4. (a) In addition to any other requirements of this chapter
and except for foster family homes, small family homes, and
certified family homes of foster family agencies, all of the
following apply to any community care facility providing 24-hour care
for children:
(1) The facility shall have one or more facility managers.
"Facility manager," as used in this section, means a person on the
premises with the authority and responsibility necessary to manage
and control the day-to-day operation of a community care facility and
supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility,
this person shall be limited to the administration and management of
only one facility.
(2) The facility manager shall have at least one year of
experience working with the client group served, or equivalent
education or experience, as determined by the department.
(3) A facility manager shall be at the facility at all times when
one or more clients are present. To ensure adequate supervision of
clients when clients are at the facility outside of their normal
schedule, a current telephone number where the facility manager can
be reached shall be provided to the clients, licensing agency,
school, and any other agency or person as the department determines
is necessary. The facility manager shall instruct these agencies and
individuals to notify him or her when clients will be returning to
the facility outside of the normal hours.
(4) The Legislature intends to upgrade the quality of care in
licensed facilities. For the purposes of Sections 1533 and 1534, the
licensed facility shall be inspected and evaluated for quality of
care at least once each year, without advance notice and as often as
necessary, without advance notice, to ensure the quality of care
being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities
licensed for six or fewer children which apply for a license after
January 1, 1985, and all other new facilities licensed for seven or
more children which apply for a license after January 1, 1988.
Existing facilities licensed for seven or more children shall comply
by January 1, 1989.
(b) No employee of the state or county employed in the
administration of this chapter or employed in a position that is in
any way concerned with facilities licensed under this chapter shall
hold a license or have a direct or indirect financial interest in a
facility described in subdivision (a).
The department, by regulation, shall make the determination
pursuant to the purposes of this section and chapter, as to what
employment is in the administration of this chapter or in any way
concerned with facilities licensed under this chapter and what
financial interest is direct or indirect.
This subdivision does not prohibit the state or county from
securing a license for, or operating, a facility that is otherwise
required to be licensed under this chapter.
(c) (1) No group home , short-term residential treatment
center, or foster family agency licensee, or employee, member
of the board of directors, or officer of a group home ,
short-term residential treatment center, or foster family
agency licensee, shall offer gifts or other remuneration of any type
to any employee of the State Department of Social Services or
placement agency that exceeds the monetary limits for gifts to
employees of the State of California pursuant to Title 9 (commencing
with Section 81000) of the Government Code and regulations adopted
thereunder by the Fair Political Practices Commission.
(2) No employee of the department or a placement agency shall
accept any gift or other remuneration of any type from a group home
, short-term residential treatment center, or foster
family agency licensee or employee, member of the board of directors,
or officer of a group home , short-term residential treatment
center, or foster family agency licensee that exceeds the
monetary limits for gifts to employees of the State of California in
Title 9 (commencing with Section 81000) of the Government Code and
regulations adopted thereunder by the Fair Political Practices
Commission.
(3) Violation of this subdivision is punishable as a misdemeanor.
SEC. 14. Section 1522.41 of the Health
and Safety Code is amended to read:
1522.41. (a) (1) The director,
department, in consultation and collaboration
with county placement officials, group home provider organizations,
the Director of Health Care Services, and the Director of
Developmental Services, shall develop and establish a
an administrator certification training
program to ensure that administrators of group home facilities
have appropriate training to provide the care and services for which
a license or certificate is issued.
(2) The department shall develop and establish an administrator
certification training program to ensure that administrators of
short-term residential treatment center facilities have appropriate
training to provide the care and services for which a license or
certificate is issued.
(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home
facility or short-term residential treatment center
shall successfully complete a department-approved training
certification program, pursuant to subdivision (c), prior to
employment. An administrator employed in a group home on the
effective date of this section or short-term
residential treatment center shall meet the requirements of
paragraph (2) of subdivision (c).
(2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 10 days of any
change in administrators.
(c) (1) The administrator certification programs shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial and educational needs of the facility residents.
(E) Community and support services.
(F) Physical needs for facility residents.
(G) Administration, storage, misuse, and interaction of medication
used by facility residents.
(H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(I) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(J) Nonviolent emergency intervention and reporting requirements.
(K) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment- and violence-free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(2) The department shall adopt separate program requirements for
initial certification for persons who are employed as group home
administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section shall obtain a certificate by
completing the training and testing requirements imposed by the
department within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.
(3) The department shall adopt a separate administrator
certification training program for group home administrators who
desire to become short-term residential treatment center
administrators.
(3)
(4) Individuals applying for administrator
certification under this section shall successfully complete an
approved administrator certification training
program, pass a written test administered by the department within 60
days of completing the program, and submit to the department the
documentation required by
subdivision (d) within 30 days after being notified of having passed
the test. The department may extend these time deadlines for good
cause. The department shall notify the applicant of his or her test
results within 30 days of administering the test.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have a
current clearance on file.
(5) That person is at least 21 years of age.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home facility or short-term
residential treatment center . Any person willfully making any
false representation as being a certified administrator or facility
manager is guilty of a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is a group home facility
or short-term residential treatment center
administrator and who is required to complete the continuing
education hours required by the regulations of the State Department
of Developmental Services, and approved by the regional center, may
have up to 24 of the required continuing education course hours
credited toward the 40-hour continuing education requirement of this
section. Community The department shall
accept for certification, community college course hours
approved by the regional centers shall be accepted by the
department for certification centers .
(2) Every administrator of a group home facility
or short-term residential treatment center shall
complete the continuing education requirements of this subdivision.
(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after July 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.
(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder, as
a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of subdivision (f), and shall
pay a fee in an amount equal to the renewal fee, plus the delinquency
fee, if any, accrued at the time of its revocation or suspension.
Delinquency fees, if any, accrued subsequent to the time of its
revocation or suspension and prior to an order for reinstatement,
shall be waived for a period of 12 months to allow the individual
sufficient time to complete the required continuing education units
and to submit the required documentation. Individuals whose
certificates will expire within 90 days after the order for
reinstatement may be granted a three-month extension to renew their
certificates during which time the delinquency fees shall not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status and change of mailing address within 30 days of
any change.
(g) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:
(1) The department has revoked any license held by the
administrator after the department issued the certificate.
(2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the
appeal, the department issued a decision and order that upheld the
exclusion order.
(h) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Health Care Services, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification administrator certification
training programs, and criteria to be used in authorizing
individuals, organizations, or educational institutions to conduct
certification training programs and continuing education courses. The
department may also grant continuing education hours for continuing
courses offered by accredited educational institutions that are
consistent with the requirements in this section. The department may
deny vendor approval to any agency or person in any of the following
circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (j).
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home
facilities homes or short-term residential
treatment centers .
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes or short-term residential treatment centers and to
pay directly for the services. The department may deny vendorization
to this type of agency only as long as there are other vendor
programs available to conduct the certification training programs and
conduct education courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect administrator
certification training programs and continuing education courses,
including online courses, at no charge to the department, to
determine if content and teaching methods comply with regulations. If
the department determines that any vendor is not complying with the
requirements of this section, the department shall take appropriate
action to bring the program into compliance, which may include
removing the vendor from the approved list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.
(k) Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial or
continuing education courses for certification of administrators of a
group home facility or short-term
residential treatment center as defined by regulations of the
department, an adult residential facility as defined by regulations
of the department, or a residential care facility for the elderly as
defined in subdivision (k) of Section 1569.2, shall be regulated
solely by the department pursuant to this chapter. No other state or
local governmental entity shall be responsible for regulating the
activity of those vendors.
SEC. 15. Section 1522.43 of the Health
and Safety Code is amended to read:
1522.43. (a) (1) For the duties the department imposes on a group
home facility administrator or short-term
residential treatment center administrator in this chapter and
in regulations adopted by the department, every group home and
short-term residential treatment center shall state in its plan
of operation, the number of hours per week that the administrator
shall spend completing those duties and how the group home
administrator or short-term residential treatment center
administrator shall accomplish those duties, including use of support
personnel.
(2) For initial applicants, the information in paragraph (1) shall
be contained in the plan of operation submitted to the department in
the application.
(3) For current licensees, the licensee shall submit an amended
plan of operation that contains the information required by paragraph
(1) within six months of the effective date of this section. For
changes in the group home administrator duties imposed by the
department in this chapter or in regulations, a current licensee
shall have six months after the effective date of those duties to
submit an amended plan of operation to reflect the new administrator
duties.
(b) (1) The department may review a group home's or
short-term residential treatment center's plan of operation to
determine if the plan of operation is sufficient to ensure that the
facility will operate in compliance with applicable licensing laws
and regulations. As part of the review, the department may request
that a peer review panel review the plan of operation for a
group home as prescribed in paragraph (2), or for a short-term
residential treatment center as prescribed in paragraph (3) .
(2) The peer review panel shall consist of two representatives
from the department, a qualified group home administrator, an
experienced group home provider in good standing , and a
member or members from the placement agency or agencies that place
children in group homes.
(3) The peer review panel shall consist of two representatives
from the department, a qualified short-term residential treatment
center administrator, a short-term residential treatment center
provider in good standing, and a member or members from the placement
agency or agencies that place children in short-term residential
treatment centers.
(c) A group home or short-term residential treatment center
shall develop a daily schedule of activities for the children
at the facility. The facility shall have this schedule available for
inspection by the department. The activities in which the children
are scheduled to participate shall be designed to meet the needs of
the individual child, and shall be based on that child's needs and
services plan.
SEC. 16. Section 1524.6 of the Health
and Safety Code is amended to read:
1524.6. (a) In addition to any other requirement of this chapter,
any group home facility or short-term
residential treatment center , as defined by regulations of the
department, providing care for any number of persons, that is not
already subject to the requirements of Section 1524.5, shall provide
a procedure approved by the licensing agency for immediate response
to incidents and complaints, as defined by regulations of the
department. This procedure shall include a method of ensuring that
the owner, licensee, or person designated by the owner or licensee is
notified of the incident or complaint, that the owner, licensee, or
person designated by the owner or licensee has personally
investigated the matter, and that the person making the complaint or
reporting the incident has received a written response, within 30
days of receiving the complaint, of action taken, or a reason why no
action needs to be taken.
(b) In order to ensure the opportunity for complaints to be made
directly to the owner, licensee, or person designated by the owner or
licensee, and to provide the opportunity for the owner, licensee, or
person designated by the owner or licensee to meet neighborhood
residents and learn of problems in the neighborhood, any group home
facility or short-term residential treatment
center shall establish a fixed time on a periodic basis when
the owner, licensee, or person designated by the owner or licensee
will be present. At this fixed time, information shall be provided to
neighborhood residents of the complaint procedure pursuant to
Section 1538.
(c) Facilities shall establish procedures to comply with the
requirements of this section on or before July 1, 2005.
(d) This section shall not apply to family homes certified by
foster family agencies, foster family homes, and small family homes.
It is not the intent of the Legislature that this section be applied
in a way that is contrary to the child's best interests.
SEC. 17. Section 1529.2 of the Health
and Safety Code is amended to read:
1529.2. (a) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program
of training for their certified foster families.
(b) (1) Every licensed foster parent shall complete a minimum of
12 hours of foster parent training, as prescribed in paragraph (3),
before the placement of any foster children with the foster parent.
In addition, a foster parent shall complete a minimum of eight hours
of foster parent training annually, as prescribed in paragraph (4).
No child shall be placed in a foster family home unless these
requirements are met by the persons in the home who are serving as
the foster parents.
(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement training requirement or a request for
an extension of the deadline, the county may, at its option, on a
case-by-case basis, waive the postplacement training requirement or
extend any established deadline for a period not to exceed one year,
if the postplacement training requirement presents a severe and
unavoidable obstacle to continuing as a foster parent. Obstacles for
which a county may grant a hardship waiver or extension are:
(i) Lack of access to training due to the cost or travel required.
(ii) Family emergency.
(B) Before a waiver or extension may be granted, the foster parent
should explore the opportunity of receiving training by video or
written materials.
(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:
(A) An overview of the child protective system.
(B) The effects of child abuse and neglect on child development.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues in foster care.
(E) Accessing education and health services available to foster
children.
(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(H) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of
2000 (Article 3.6 (commencing with Section 32228) of
Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:
(A) Age-appropriate child development.
(B) Health issues in foster care.
(C) Positive discipline and the importance of self-esteem.
(D) Emancipation and independent living skills if a foster parent
is caring for youth.
(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association's
Conference, adult schools, and certified foster parent instructors.
(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.
(c) Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent training
in excess of the requirements in this section.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 18. Section 1529.2 is added to the
Health and Safety Code , to read:
1529.2. (a) It is the intent of the Legislature that all foster
parents have the necessary knowledge, skills, and abilities to
support the safety, permanency, and well-being of children in foster
care. Initial and ongoing preparation and training of foster parents
should support the foster parent's role in parenting vulnerable
children, youth, and young adults, including supporting the children'
s connection with their families. Their training should be ongoing in
order to provide foster parents with information on new practices
and requirements within the child welfare system and may be offered
in a classroom setting, online, or individually.
(b) Prior to licensing or certification, training shall include,
but not be limited to, the following topics:
(1) An overview of the child protective system.
(2) The effects of trauma and child abuse or neglect on child
development and behavior.
(3) Positive discipline and the importance of self-esteem.
(4) Health issues in foster care, including the administration of
psychotropic and other medications.
(5) Accessing education, health, and behavioral health services
available to foster children.
(6) The rights of a child in foster care, and the foster parent's
responsibility to safeguard those rights, including the right to have
fair and equal access to all available services, placement, care,
treatment, and benefits, and to not be subjected to discrimination or
harassment on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(7) Cultural needs of children, including instruction on cultural
competency and respect relating to, and best practices for, providing
adequate care to lesbian, gay, bisexual, and transgender youth in
out-of-home care.
(8) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to the California Student
Safety and Violence Prevention Act (Article 3.6 (commencing with
Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of
the Education Code).
(9) Permanence and well-being needs of children.
(10) Child and adolescent development.
(11) Role of foster parents, including working cooperatively with
the child welfare agency, the child's family, and other service
providers implementing the case plan.
(12) A foster parent's responsibility to act as a reasonable and
prudent parent; and to maintain the least restrictive, most
family-like environment that serves the needs of the child.
(c) In addition to the initial requirements contained in
subdivision (b), a licensed or certified foster parent shall complete
a minimum number of training hours annually, a portion of which
shall be from one or more of the following topics, as prescribed by
the department, pursuant to subdivision (a):
(1) Age-appropriate child and adolescent development.
(2) Health issues in foster care, including the administration of
psychotropic and other medications.
(3) Positive discipline and the importance of self-esteem.
(4) Preparation for youth and young adults for a successful
transition to adulthood.
(5) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(6) Instruction on cultural competency and respect relating to,
and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(d) No child shall be placed with a foster parent unless each
foster parent in the home meets the requirements of this section.
(e) (1) Upon the request of the licensed or certified foster
parent for a hardship waiver from the annual training requirement or
a request for an extension of the deadline, the county may, at its
option, on a case-by-case basis, waive the training requirement or
extend any established deadline for a period not to exceed one year,
if the training requirement presents a severe and unavoidable
obstacle to continuing as a
foster parent.
(2) Obstacles for which a county may grant a hardship waiver or
extension are:
(A) Lack of access to training due to the cost or travel required.
(B) Family emergency.
(3) Before a waiver or extension may be granted, the licensed or
certified foster parent should explore the opportunity of receiving
training by video or written materials.
(f) (1) Foster parent training may be obtained through sources
that include, but are not necessarily limited to, community colleges,
counties, hospitals, foster parent associations, the California
State Foster Parent Association's Conference, adult schools, and
certified foster parent instructors.
(2) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program of
training for their certified foster families.
(g) Training certificates shall be submitted to the appropriate
licensing or foster family agency.
(1) A foster parent applicant shall submit a certificate of
completion of training as a precondition of licensure or
certification.
(2) Upon completion, a licensed or certified parent shall submit a
certificate of completion for the annual training requirements.
(h) Nothing in this section shall preclude a county or a foster
family agency from requiring foster parent training in excess of the
requirements in this section.
(i) This section shall become operative on January 1, 2017.
SEC. 19. Section 1530.7 of the Health
and Safety Code is amended to read:
1530.7. (a) Group homes, short-term residential treatment
centers, foster family agencies, small family homes,
transitional housing placement providers, and crisis nurseries
licensed pursuant to this chapter shall maintain a smoke-free
environment in the facility.
(b) A person who is licensed or certified pursuant to this chapter
to provide residential care in a foster family home or certified
family home shall not smoke or permit any other person to smoke
inside the facility, and, when the child is present, on the outdoor
grounds of the facility.
(c) A person who is licensed or certified pursuant to this chapter
to provide residential foster care shall not smoke in any motor
vehicle that is regularly used to transport the child.
SEC. 20. Section 1530.8 of the Health
and Safety Code is amended to read:
1530.8. (a) (1) The department shall adopt regulations for
community care facilities licensed as group homes, and for temporary
shelter care facilities as defined in subdivision (c), that care for
dependent children, children placed by a regional center, or
voluntary placements, who are younger than six years of age. The
department shall adopt these regulations after assessing the needs of
this population and developing standards pursuant to Section 11467.1
of the Welfare and Institutions Code. To the extent that the
department determines they are necessary, the department may adopt
regulations under this section that apply to short-term residential
treatment centers that care for children younger than six years of
age.
(2) The department shall adopt regulations under this section that
apply to mother and infant programs serving children younger than
six years of age who reside in a group home or short-term
residential treatment centers with a minor parent who is the
primary caregiver of the child that shall be subject to the
requirements of subdivision (d). To the extent that the
department determines they are necessary, the department
may adopt regulations under this section that apply to short-term
residential treatment centers that provide mother and infant programs
serving children younger than six years of age.
(3) To the extent that the department determines they are
necessary, the department shall adopt regulations under this section
that apply to group homes or short-term residential treatment
centers that care for dependent children who are 6 to 12 years
of age, inclusive. In order to determine whether such regulations are
necessary, and what any resulting standards should include, the
department shall consult with interested parties that include, but
are not limited to, representatives of current and former foster
youth, advocates for children in foster care, county welfare and
mental health directors, chief probation officers, representatives of
care providers, experts in child development, and representatives of
the Legislature. The standards may provide normative guidelines
differentiated by the needs specific to children in varying age
ranges that fall between 6 and 12 years of age, inclusive. Prior to
adopting regulations, the department shall submit for public comment,
by July 1, 2016, any proposed regulations.
(b) The regulations shall include physical environment standards,
including staffing and health and safety requirements, that meet or
exceed state child care standards under Title 5 and Title 22 of the
California Code of Regulations.
(c) For purposes of this section, a "temporary shelter care
facility" means any residential facility that meets all of the
following requirements:
(1) It is owned and operated by the county.
(2) It is a 24-hour facility that provides short-term residential
care and supervision for dependent children under 18 years of age who
have been removed from their homes as a result of abuse or neglect,
as defined in Section 300 of the Welfare and Institutions Code, or
both.
(d) (1) By September 1, 1999, the department shall submit for
public comment regulations specific to mother and infant programs
serving children younger than six years of age who are dependents of
the court and reside in a group home with a minor child who is the
primary caregiver of the child.
(2) The regulations shall include provisions that when the minor
parent is absent and the facility is providing direct care to
children younger than six years of age who are dependents of the
court, there shall be one child care staff person for every four
children of minor parents.
(3) In developing these proposed regulations, the department shall
issue the proposed regulations for public comment, and shall refer
to existing national standards for mother and infant programs as a
guideline, where applicable.
(4) Prior to preparing the proposed regulations, the department
shall consult with interested parties by convening a meeting by
February 28, 1999, that shall include, but not be limited to,
representatives from a public interest law firm specializing in
children's issues and provider organizations.
SEC. 21. Section 1531.1 of the Health
and Safety Code is amended to read:
1531.1. (a) A residential facility licensed as an adult
residential facility, group home, short-term residential
treatment center, small family home, foster family home, or a
family home certified by a foster family agency may install and
utilize delayed egress devices of the time delay type.
(b) As used in this section, "delayed egress device" means a
device that precludes the use of exits for a predetermined period of
time. These devices shall not delay any resident's departure from the
facility for longer than 30 seconds.
(c) Within the 30 seconds of delay, facility staff may attempt to
redirect a resident who attempts to leave the facility.
(d) Any person accepted by a residential facility or family home
certified by a foster family agency utilizing delayed egress devices
shall meet all of the following conditions:
(1) The person shall have a developmental disability as defined in
Section 4512 of the Welfare and Institutions Code.
(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
(3) An interdisciplinary team, through the Individual Program Plan
(IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined that the person lacks hazard
awareness or impulse control and requires the level of supervision
afforded by a facility equipped with delayed egress devices, and that
but for this placement, the person would be at risk of admission to,
or would have no option but to remain in, a more restrictive state
hospital or state developmental center placement.
(e) The facility shall be subject to all fire and building codes,
regulations, and standards applicable to residential care facilities
for the elderly utilizing delayed egress devices, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
delayed egress devices.
(f) The facility shall provide staff training regarding the use
and operation of the egress control devices utilized by the facility,
protection of residents' personal rights, lack of hazard awareness
and impulse control behavior, and emergency evacuation procedures.
(g) The facility shall develop a plan of operation approved by the
State Department of Social Services that includes a description of
how the facility is to be equipped with egress control devices that
are consistent with regulations adopted by the State Fire Marshal
pursuant to Section 13143.
(h) The plan shall include, but shall not be limited to, all of
the following:
(1) A description of how the facility will provide training for
staff regarding the use and operation of the egress control devices
utilized by the facility.
(2) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code.
(3) A description of how the facility will manage the person's
lack of hazard awareness and impulse control behavior.
(4) A description of the facility's emergency evacuation
procedures.
(i) Delayed egress devices shall not substitute for adequate
staff. Except for facilities operating in accordance with Section
1531.15, the capacity of the facility shall not exceed six residents.
(j) Emergency fire and earthquake drills shall be conducted at
least once every three months on each shift, and shall include all
facility staff providing resident care and supervision on each shift.
SEC. 22. Section 1531.15 of the Health
and Safety Code is amended to read:
1531.15. (a) A licensee of an adult residential facility ,
short-term residential treatment center, or group home for no
more than 15 residents, that is eligible for and serving clients
eligible for federal Medicaid funding and utilizing delayed egress
devices pursuant to Section 1531.1, may install and utilize secured
perimeters in accordance with the provisions of this section.
(b) As used in this section, "secured perimeters" means fences
that meet the requirements prescribed by this section.
(c) Only individuals meeting all of the following conditions may
be admitted to or reside in a facility described in subdivision (a)
utilizing secured perimeters:
(1) The person shall have a developmental disability as defined in
Section 4512 of the Welfare and Institutions Code.
(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
(3) (A) The person shall be 14 years of age or older, except as
specified in subparagraph (B).
(B) Notwithstanding subparagraph (A), a child who is at least 10
years of age and less than 14 years of age may be placed in a
licensed group home or short-term residential
treatment center described in subdivision (a) using secured
perimeters only if both of the following occur:
(i) A comprehensive assessment is conducted and an individual
program plan meeting is convened to determine the services and
supports needed for the child to receive services in a less
restrictive, unlocked residential setting in California, and the
regional center requests assistance from the State Department of
Developmental Services' statewide specialized resource service to
identify options to serve the child in a less restrictive, unlocked
residential setting in California.
(ii) The regional center requests placement of the child in a
licensed group home or short-term residential treatment center
described in subdivision (a) using secured perimeters on the
basis that the placement is necessary to prevent out-of-state
placement or placement in a more restrictive, locked residential
setting and the State Department of Developmental Services approves
the request.
(4) The person is not a foster child under the jurisdiction of the
juvenile court pursuant to Section 300, 450, 601, or 602 of the
Welfare and Institutions Code.
(5) An interdisciplinary team, through the individual program plan
(IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined the person lacks hazard
awareness or impulse control and, for his or her safety and security,
requires the level of supervision afforded by a facility equipped
with secured perimeters, and, but for this placement, the person
would be at risk of admission to, or would have no option but to
remain in, a more restrictive placement. The individual program
planning team shall determine the continued appropriateness of the
placement at least annually.
(d) The licensee shall be subject to all applicable fire and
building codes, regulations, and standards, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
secured perimeters.
(e) The licensee shall provide staff training regarding the use
and operation of the secured perimeters, protection of residents'
personal rights, lack of hazard awareness and impulse control
behavior, and emergency evacuation procedures.
(f) The licensee shall revise its facility plan of operation.
These revisions shall first be approved by the State Department of
Developmental Services. The plan of operation shall not be approved
by the State Department of Social Services unless the licensee
provides certification that the plan was approved by the State
Department of Developmental Services. The plan shall include, but not
be limited to, all of the following:
(1) A description of how the facility is to be equipped with
secured perimeters that are consistent with regulations adopted by
the State Fire Marshal pursuant to Section 13143.6.
(2) A description of how the facility will provide training for
staff.
(3) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code, and any
applicable personal rights provided in Title 22 of the California
Code of Regulations.
(4) A description of how the facility will manage residents' lack
of hazard awareness and impulse control behavior.
(5) A description of the facility's emergency evacuation
procedures.
(g) Secured perimeters shall not substitute for adequate staff.
(h) Emergency fire and earthquake drills shall be conducted on
each shift in accordance with existing licensing requirements, and
shall include all facility staff providing resident care and
supervision on each shift.
(i) Interior and exterior space shall be available on the facility
premises to permit clients to move freely and safely.
(j) For the purpose of using secured perimeters, the licensee
shall not be required to obtain a waiver or exception to a regulation
that would otherwise prohibit the locking of a perimeter fence or
gate.
(k) This section shall become operative only upon the publication
in Title 17 of the California Code of Regulations of emergency
regulations filed by the State Department of Developmental Services.
These regulations shall be developed with stakeholders, including the
State Department of Social Services, consumer advocates, and
regional centers. The regulations shall establish program standards
for homes that include secured perimeters, including requirements and
timelines for the completion and updating of a comprehensive
assessment of each consumer's needs, including the identification
through the individual program plan process of the services and
supports needed to transition the consumer to a less restrictive
living arrangement, and a timeline for identifying or developing
those services and supports. The regulations shall establish a
statewide limit on the total number of beds in homes with secured
perimeters. The adoption of these regulations shall be deemed to be
an emergency and necessary for the immediate preservation of the
public peace, health and safety, or general welfare.
SEC. 23. Section 1534 of the Health and
Safety Code is amended to read:
1534. (a) (1) (A) Except for foster family homes, every licensed
community care facility shall be subject to unannounced inspections
by the department.
(B) Foster family homes shall be subject to announced inspections
by the department, except that a foster family home shall be subject
to unannounced inspections in response to a complaint, a plan of
correction, or under any of the circumstances set forth in
subparagraph (B) of paragraph (2).
(2) (A) The department may inspect these facilities as often as
necessary to ensure the quality of care provided.
(B) The department shall conduct an annual unannounced inspection
of a facility under any of the following circumstances:
(i) When a license is on probation.
(ii) When the terms of agreement in a facility compliance plan
require an annual inspection.
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual inspection as a condition
of receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility.
(C) (i) The department shall conduct annual unannounced
inspections of no less than 20 percent of facilities, except for
foster family homes, not subject to an inspection under subparagraph
(B).
(ii) The department shall conduct annual announced inspections of
no less than 20 percent of foster family homes not subject to an
inspection under subparagraph (B).
(iii) These inspections shall be conducted based on a random
sampling methodology developed by the department.
(iv) If the total citations issued by the department to facilities
exceed the previous year's total by 10 percent, the following year
the department shall increase the random sample by an additional 10
percent of the facilities not subject to an inspection under
subparagraph (B). The department may request additional resources to
increase the random sample by 10 percent.
(v) The department shall not inspect a licensed community care
facility less often than once every five years.
(3) In order to facilitate direct contact with group home or
short-term residential treatment center clients, the department
may interview children who are clients of group homes or
short-term residential treatment centers at any public agency
or private agency at which the client may be found, including, but
not limited to, a juvenile hall, recreation or vocational program, or
a public or nonpublic school. The department shall respect the
rights of the child while conducting the interview, including
informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
(4) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(b) (1) This section does not limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program in which a licensed
community care facility is certifying compliance with licensing
requirements.
(2) (A) A foster family agency shall conduct an announced
inspection of a certified family home during the annual
recertification described in Section 1506 in order to ensure that the
certified family home meets all applicable licensing standards. A
foster family agency may inspect a certified family home as often as
necessary to ensure the quality of care provided.
(B) In addition to the inspections required pursuant to
subparagraph (A), a foster family agency shall conduct an unannounced
inspection of a certified family home under any of the following
circumstances:
(i) When a certified family home is on probation.
(ii) When the terms of the agreement in a facility compliance plan
require an annual inspection.
(iii) When an accusation against a certified family home is
pending.
(iv) When a certified family home requires an annual inspection as
a condition of receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
certified family home by the department is no longer at the home.
(3) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the certified family home. The certified parent or
prospective foster parent shall be afforded the due process provided
pursuant to this chapter.
(4) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
(5) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
(6) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
(7) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
(8) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. In all proceedings
conducted in accordance with this section the standard of proof shall
be by a preponderance of the evidence.
(9) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section or Section 1550, enter an order
denying or revoking the certificate of approval, or otherwise take
disciplinary action against the certified or prospective foster
parent, notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.
(10) A foster family agency's failure to comply with the
department's order to deny or revoke the certificate of approval by
placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.
SEC. 24. Section 1536 of the Health and
Safety Code is amended to read:
1536. (a) (1) At least annually, the director
department shall publish and make available to interested
persons a list or lists covering all licensed community care
facilities, other than foster family homes and certified family homes
of foster family agencies providing 24-hour care for six or fewer
foster children, and the services for which each facility has been
licensed or issued a special permit.
(2) For a group home, transitional housing placement provider,
community treatment facility, or runaway and
homeless youth shelter, or short-term residential treatment
center, the list shall include both of the following:
(A) The number of licensing complaints, types of complaint, and
outcomes of complaints, including citations, fines, exclusion orders,
license suspensions, revocations, and surrenders.
(B) The number, types, and outcomes of law enforcement contacts
made by the facility staff or children, as reported pursuant to
subdivision (a) of Section 1538.7.
(b) Subject to subdivision (c), to encourage the recruitment of
foster family homes and certified family homes of foster family
agencies, protect their personal privacy, and to preserve the
security and confidentiality of the placements in the homes, the
names, addresses, and other identifying information of facilities
licensed as foster family homes and certified family homes of foster
family agencies providing 24-hour care for six or fewer children
shall be considered personal information for purposes of the
Information Practices Act of 1977 (Chapter 1 (commencing with Section
1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code). This information shall
not be disclosed by any state or local agency pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code), except as
necessary for administering the licensing program, facilitating the
placement of children in these facilities, and providing names and
addresses only to bona fide professional foster parent organizations
upon request.
(c) Notwithstanding subdivision (b), the department, a county, or
a foster family agency may request information from, or divulge
information to, the department, a county, or a foster family agency,
regarding a prospective certified parent, foster parent, or relative
caregiver for the purpose of, and as necessary to, conduct a
reference check to determine whether it is safe and appropriate to
license, certify, or approve an applicant to be a certified parent,
foster parent, or relative caregiver.
(d) The department may issue a citation and, after the issuance of
that citation, may assess a civil penalty of fifty dollars ($50) per
day for each instance of a foster family agency's failure to provide
the department with the information required by subdivision (h) of
Section 88061 of Title 22 of the California Code of Regulations.
(e) The Legislature encourages the department, when funds are
available for this purpose, to develop a database that would include
all of the following information:
(1) Monthly reports by a foster family agency regarding family
homes.
(2) A log of family homes certified and decertified, provided by a
foster family agency to the department.
(3) Notification by a foster family agency to the department
informing the department of a foster family agency's determination to
decertify a certified family home due to any of the following
actions by the certified family parent:
(A) Violating licensing rules and regulations.
(B) Aiding, abetting, or permitting the violation of licensing
rules and regulations.
(C) Conducting oneself in a way that is inimical to the health,
morals, welfare, or safety of a child placed in that certified family
home.
(D) Being convicted of a crime while a certified family parent.
(E) Knowingly allowing any child to have illegal drugs or alcohol.
(F) Committing an act of child abuse or neglect or an act of
violence against another person.
SEC. 25. Section 1538.3 of the Health
and Safety Code is amended to read:
1538.3. A county may develop a cooperative agreement with the
department to access disclosable, public record information from an
automated system, other than the system described in Section 1538.2,
concerning substantiated complaints for all group home
facilities or short-term residential treatment centers
, as defined by regulations of the department, located within
that county. Access to the database may be accomplished through a
secure online transaction protocol.
SEC. 26. Section 1538.5 of the Health
and Safety Code is amended to read:
1538.5. (a) (1) Not less than 30 days prior to the anniversary of
the effective date of a residential community care facility license,
except licensed foster family homes, the department may transmit a
copy to the board members of the licensed facility, parents, legal
guardians, conservators, clients' rights advocates, or placement
agencies, as designated in each resident's placement agreement, of
all inspection reports given to the facility by the department during
the past year as a result of a substantiated complaint regarding a
violation of this chapter relating to resident abuse and neglect,
food, sanitation, incidental medical care, and residential
supervision. During that one-year period the copy of the notices
transmitted and the proof of the transmittal shall be open for public
inspection.
(2) The department may transmit copies of the inspection reports
referred to in paragraph (1) concerning a group
homes home or short-term residential treatment center
, as defined by regulations of the department, to the county in
which a the group home
facility or short-term residential treatment
center is located, if requested by that county.
(3) A group home facility or short-term
residential treatment center shall maintain, at the facility, a
copy of all licensing reports for the past three years that would be
accessible to the public through the department, for inspection by
placement officials, current and prospective facility clients, and
these clients' family members who visit the facility.
(b) The facility operator, at the expense of the facility, shall
transmit a copy of all substantiated complaints, by certified mail,
to those persons described pursuant to paragraph (1) of subdivision
(a) in the following cases:
(1) In the case of a substantiated complaint relating to resident
physical or sexual abuse, the facility shall have three days from the
date the facility receives the licensing report from the department
to comply.
(2) In the case in which a facility has received three or more
substantiated complaints relating to the same violation during the
past 12 months, the facility shall have five days from the date the
facility receives the licensing report to comply.
(c) A residential facility shall retain a copy of the notices
transmitted pursuant to subdivision (b) and proof of their
transmittal by certified mail for a period of one year after their
transmittal.
(d) If a residential facility to which this section applies fails
to comply with this section, as determined by the department, the
department shall initiate civil penalty action against the facility
in accordance with this article and the related rules and
regulations.
(e) Not less than 30 days prior to the anniversary of the
effective date of the license of any group home facility
or short-term residential treatment center , as
defined by regulations of the department, at the request of the
county in which the group home facility or
short-term residential treatment center is located, a group
home facility or short-term residential
treatment center shall transmit to the county a copy of all
incident reports prepared by the group home facility
or short-term residential treatment center and
transmitted to a placement agency, as described in subdivision (f) of
Section 1536.1, in a county other than the county in which the group
home facility or short-term
residential treatment center is located that involved a
response by local law enforcement or emergency services personnel,
including runaway incidents. The county shall designate an official
for the receipt of the incident reports and shall notify the group
home or short-term residential treatment center of the
designation. Prior to transmitting copies of incident reports to the
county, the group home facility or short-term
residential treatment center shall redact the name of any
child referenced in the incident reports, and other identifying
information regarding any child referenced in the reports. The county
may review the incident reports to ensure that the group home
facilities have or short-term residential
treatment center has taken appropriate action to ensure the
health and safety of the residents of the facility.
(f) The department shall notify the residential community care
facility of its obligation when it is required to comply with this
section.
SEC. 27. Section 1538.6 of the Health
and Safety Code is amended to read:
1538.6. (a) When the department periodically reviews the record
of substantiated complaints against each group home facility
or short-term residential treatment center ,
pursuant to its oversight role as prescribed by Section 1534, to
determine whether the nature, number, and severity of incidents upon
which complaints were based constitute a basis for concern as to
whether the provider is capable of effectively and efficiently
operating the program, and if the department determines that there is
cause for concern, it may contact the county in which a group home
facility or short-term residential treatment
center is located and placement agencies in other counties
using the group home facility or short-term
residential treatment center , and request their
recommendations as to what action, if any, the department should take
with regard to the provider's status as a licensed group home
or short-term residential treatment center provider.
(b) It is the intent of the Legislature that the department make
every effort to communicate with the county in which a group home
facility or short-term residential treatment
center is located when the department has concerns about group
home facilities homes or short-term
residential treatment centers within that county.
SEC. 28. Section 1538.7 of the Health
and Safety Code is amended to read:
1538.7. (a) A group home, transitional housing placement
provider, community treatment facility, or runaway
and homeless youth shelter , or short-term residential
treatment center shall report to the department's Community
Care Licensing Division upon the occurrence of any incident
concerning a child in the facility involving contact with law
enforcement. At least every six months, the facility shall provide a
followup report for each incident, including the type of incident,
whether the incident involved an alleged violation of any crime
described in Section 602 of the Welfare and Institutions Code by a
child residing in the facility; whether staff, children, or both were
involved; the gender, race, ethnicity, and age of children involved;
and the outcomes, including arrests, removals of children from
placement, or termination or suspension of staff.
(b) (1) If the department determines that, based on the licensed
capacity, a facility has reported, pursuant to subdivision (a), a
greater than average number of law enforcement contacts involving an
alleged violation of any crime described in Section 602 of the
Welfare and Institutions Code by a child residing in the facility,
the department shall inspect the facility at least once a year.
(2) An inspection conducted pursuant to paragraph (1) does not
constitute an unannounced inspection required pursuant to Section
1534.
(c) If an inspection is required pursuant to subdivision (b), the
Community Care Licensing Division shall provide the report to the
department's Children and Family Services Division and to any other
public agency that has certified the facility's program or any
component of the facility's program including, but not limited to,
the State Department of Health Care Services, which certifies group
homes or short-term residential treatment centers pursuant
to Section 4096.5 of the Welfare and Institutions Code.
SEC. 29. Section 1548 of the Health and
Safety Code , as added by Section 2 of Chapter 813 of the
Statutes of 2014, is amended to read:
1548. (a) In addition to the suspension, temporary suspension, or
revocation of a license issued under this chapter, the department
may levy a civil penalty.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event, shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Section 1534, the department shall assess an
immediate civil penalty of one hundred fifty dollars ($150) per day
per violation for any of the following serious violations:
(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
(ii) Initiated eviction proceedings.
(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
(2) Absence of supervision, as required by statute or regulation.
(3) Accessible bodies of water when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1533, 1534, or 1538.
(6) The presence of an excluded person on the premises.
(d) (1) For a violation that the department determines resulted in
the death of a resident at an adult residential facility, social
rehabilitation facility, enhanced behavioral supports home, or
community crisis home, the civil penalty shall be fifteen thousand
dollars ($15,000).
(2) For a violation that the department determines resulted in the
death of a person receiving care at an adult day program, the civil
penalty shall be assessed as follows:
(A) Seven thousand five hundred dollars ($7,500) for a licensee
licensed, among all of the licensee's facilities, to care for 50 or
less persons.
(B) Ten thousand dollars ($10,000) for a licensee licensed, among
all of the licensee's facilities, to care for more than 50 persons.
(3) For a violation that the department determines resulted in the
death of a person receiving care at a therapeutic day services
facility, foster family agency, community treatment facility,
full-service adoption agency, noncustodial adoption agency,
transitional shelter care facility, transitional housing placement
provider, or group home , or short-term
residential treatment center , the civil penalty shall be
assessed as follows:
(A) Seven thousand five hundred dollars ($7,500) for a licensee
licensed, among all of the licensee's facilities, to care for 40 or
less children.
(B) Ten thousand dollars ($10,000) for a licensee licensed, among
all of the licensee's facilities, to care for 41 to 100, inclusive,
children.
(C) Fifteen thousand dollars ($15,000) for a licensee licensed,
among all of the licensee's facilities, to care for more than 100
children.
(4) For a violation that the department determines resulted in the
death of a resident at a runaway and homeless youth shelter, the
civil penalty shall be five thousand dollars ($5,000).
(e) (1) (A) For a violation that the department determines
constitutes physical abuse, as defined in Section 15610.63 of the
Welfare and Institutions Code, or resulted in serious bodily injury,
as defined in Section 243 of the Penal Code, to a resident at an
adult residential facility, social rehabilitation facility, enhanced
behavioral supports home, or community crisis home, the civil penalty
shall be ten thousand dollars ($10,000).
(B) For a violation that the department determines constitutes
physical abuse, as defined in Section 15610.63 of the Welfare and
Institutions Code, or resulted in serious bodily injury, as defined
in Section 243 of the Penal Code, to a person receiving care at an
adult day program, the civil penalty shall be assessed as follows:
(i) Two thousand five hundred dollars ($2,500) for a licensee
licensed, among all of the licensee's facilities, to care for 50 or
less persons.
(ii) Five thousand dollars ($5,000) for a licensee licensed, among
all of the licensee's facilities, to care for more than 50 persons.
(C) For a violation that the department determines constitutes
physical abuse, as defined in paragraph (2), or resulted in serious
bodily injury, as defined in Section 243 of the Penal Code, to a
person receiving care at a therapeutic day services facility, foster
family agency, community treatment facility, full-service adoption
agency, noncustodial adoption agency, transitional shelter care
facility, transitional housing placement provider, or
group home , or short-term residential treatment
center , the civil penalty shall be assessed as follows:
(i) Two thousand five hundred dollars ($2,500) for a licensee
licensed, among all of the licensee's facilities, to care for 40 or
less children.
(ii) Five thousand dollars ($5,000) for a licensee licensed, among
all of the licensee's facilities, to care for 41 to 100, inclusive,
children.
(iii) Ten thousand dollars ($10,000) for a licensee licensed,
among all of the licensee's facilities, to care for more than 100
children.
(D) For a violation that the department determines constitutes
physical abuse, as defined in paragraph (2), or resulted in serious
bodily injury, as defined in Section 243 of the Penal Code, to a
resident at a runaway and homeless youth shelter, the civil penalty
shall be one thousand dollars ($1,000).
(2) For purposes of subparagraphs (C) and (D), "physical abuse"
includes physical injury inflicted upon a child by another person by
other than accidental means, sexual abuse as defined in Section
11165.1 of the Penal Code, neglect as defined in Section 11165.2 of
the Penal Code, or unlawful corporal punishment or injury as defined
in Section 11165.4 of the Penal Code when the person responsible for
the child's welfare is a licensee, administrator, or employee of any
facility licensed to care for children.
(f) Prior to the issuance of a citation imposing a civil penalty
pursuant to subdivision (d) or (e), the decision shall be approved by
the director.
(g) Notwithstanding Section 1534, any facility that is cited for
repeating the same violation of this chapter within 12 months of the
first violation is subject to an immediate civil penalty of one
hundred fifty dollars ($150) and fifty dollars ($50) for each day the
violation continues until the deficiency is corrected.
(h) Any facility that is assessed a civil penalty pursuant to
subdivision (g) that repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (g) is
subject to an immediate civil penalty of one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(i) (1) The department shall adopt regulations setting forth the
appeal procedures for deficiencies.
(2) A licensee shall have the right to submit to the department a
written request for a formal review of a civil penalty assessed
pursuant to subdivisions (d) and (e) within 10 days of receipt of the
notice of a civil penalty assessment and shall provide all
supporting documentation at that time. The review shall be conducted
by a regional manager of the Community Care Licensing Division. If
the regional manager determines that the civil penalty was not
assessed in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty. The
licensee shall be notified in writing of the regional manager's
decision within 60 days of the request to review the assessment of
the civil penalty.
(3) The licensee may further appeal to the program administrator
of the Community Care Licensing Division within 10 days of receipt of
the notice of the regional manager's decision and shall provide all
supporting documentation at that time. If the program administrator
determines that the civil penalty was not assessed in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty. The licensee shall be notified in
writing of the program administrator's decision within 60 days of
the request to review the regional manager's decision.
(4) The licensee may further appeal to the deputy director of the
Community Care Licensing Division within 10 days of receipt of the
notice of the program director's decision and shall provide all
supporting documentation at that time. If the deputy director
determines that the civil penalty was not assessed in accordance with
applicable statutes or regulations of the department, he or she may
amend or dismiss the civil penalty. The licensee shall be notified in
writing of the deputy director's decision within 60 days of the
request to review the program administrator's decision.
(5) Upon exhausting the deputy director review, a licensee may
appeal a civil penalty assessed pursuant to subdivision (d) or (e) to
an administrative law judge. Proceedings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the department
shall have all the powers granted by those provisions. In all
proceedings conducted in accordance with this section, the standard
of proof shall be by a preponderance of the evidence.
(6) If, in addition to an assessment of civil penalties, the
department elects to file an administrative action to suspend or
revoke the facility license that includes violations relating to the
assessment of the civil penalties, the department review of the
pending appeal shall cease and the assessment of the civil penalties
shall be heard as part of the administrative action process.
(j) The department shall adopt regulations implementing this
section.
(k) The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by the act
that added this subdivision.
(l) As provided in Section 11466.31 of the Welfare and
Institutions Code, the department may offset civil penalties owed by
a group home or short-term residential treatment center
against moneys to be paid by a county for the care of minors after
the group home or short-term residential treatment center
has exhausted its appeal of the civil penalty assessment. The
department shall provide the group home or short-term
residential treatment center a reasonable opportunity to pay
the civil penalty before instituting the offset provision.
(m) This section shall become operative on July 1, 2015.
SEC. 30. Section 1562 of the Health and
Safety Code is amended to read:
1562. (a) The director department
shall ensure that operators and staffs of community care facilities
have appropriate training to provide the care and services for which
a license or certificate is issued. The section shall not apply to a
facility licensed as an Adult Residential Facility for Persons with
Special Health Care Needs pursuant to Article 9 (commencing with
Section 1567.50).
(b) It is the intent of the Legislature that children in foster
care reside in the least restrictive, family-based settings that can
meet their needs, and that group homes and short-term
residential treatment centers will be used only for short-term,
specialized, and intensive treatment purposes that are consistent
with a case plan that is determined by a child's best interests.
Accordingly, the Legislature encourages the department to adopt
policies, practices, and guidance that ensure that the education,
qualification, and training requirements for child care staff in
group homes and short-term residential treatment centers
are consistent with the intended role of group homes and
short-term residential treatment centers to provide short-term,
specialized, and intensive treatment, with a particular focus on
crisis intervention, behavioral stabilization, and other
treatment-related goals, as well as the connections between those
efforts and work toward permanency for children.
(c) (1) On and after October 1, 2014, each
Each person employed as a facility manager or staff member of
a group home or short-term residential treatment center ,
as defined in paragraph paragraphs (13)
and (18) of subdivision (a) of Section 1502, who provides
direct care and supervision to children and youth residing in the
group home or short-term residential treatment center
shall be at least 21 years of age.
(2) Paragraph (1) shall not apply to a facility manager or staff
member employed at the group home before October 1, 2014.
(3) For purposes of this subdivision, "group home" does not
include a runaway and homeless youth shelter.
SEC. 31. Section 1562.01 is added to the
Health and Safety Code , to read:
1562.01. (a) (1) Commencing January 1, 2017, the department shall
license short-term residential treatment centers, as defined in
paragraph (18) of subdivision (a) of Section 1502, pursuant to this
chapter. The department may license a facility as a short-term
residential treatment center prior to January 1, 2017. A short-term
residential treatment center shall comply with all requirements of
this chapter that are applicable to group homes and to the
requirements of this section.
(2) (A) A short-term residential treatment center shall prepare
and maintain a current, written plan of operation as required by the
department.
(B) The plan of operation shall include, but not be limited to,
all of the following:
(i) Description of the short-term residential treatment center's
ability to support the differing needs of children and their families
with short-term, specialized, and intensive treatment.
(ii) Description of the core services, as set forth in paragraph
(1) of subdivision (b) of Section 11462 of the Welfare and
Institutions Code, to be offered to children and their families, as
appropriate or necessary.
(iii) Any other information that may be prescribed by the
department for the proper administration of this section.
(b) In addition to the rules and regulations adopted pursuant to
this chapter, a county licensed to operate a short-term residential
treatment center shall describe, in the plan of operation, its
conflict of interest mitigation plan, as set forth in subdivision (g)
of Section 11462.02 of the Welfare and Institutions Code.
(c) (1) The department shall establish requirements for the
education, qualification, and training of facility managers and child
care staff in short-term
residential treatment centers consistent with the intended role of
these facilities to provide short-term, specialized, and intensive
treatment.
(2) Requirements shall include, but not be limited to, all of the
following:
(A) Staff classifications.
(B) Specification of the date by which employees shall be required
to meet the education, qualification, and training requirements.
(C) Any other requirements that may be prescribed by the
department for the proper administration of this section.
(d) Notwithstanding any other section of this chapter, the
department shall establish requirements for licensed group homes that
are transitioning to short-term residential treatment centers, which
may include, but not be limited to, requirements related to
application and plan of operation.
(e) The department shall have the authority to inspect a
short-term residential treatment center pursuant to subdivision (c)
of Section 11462 of the Welfare and Institutions Code.
SEC. 32. Section 1562.35 of the Health
and Safety Code is amended to read:
1562.35. Notwithstanding any provision of law
to the contrary, including, but not limited to Section 1562.3,
vendors approved by the department who exclusively provide either
initial or continuing education courses for certification of
administrators of an adult residential facility as defined by
regulations of the department, a group home
facility as defined by regulations of the
department, a short-term residential treatment center as defined
by the department, or a residential care facility for the
elderly as defined in subdivision (k) of Section 1569.2, shall be
regulated solely by the department pursuant to this chapter. No other
state or local governmental entity shall be responsible for
regulating the activity of those vendors.
SEC. 33. Section 1563 of the Health and
Safety Code is amended to read:
1563. (a) The director department
shall ensure that licensing personnel at the department have
appropriate training to properly carry out this chapter.
(b) The director department shall
institute a staff development and training program to develop among
departmental staff the knowledge and understanding necessary to
successfully carry out this chapter. Specifically, the program shall
do all of the following:
(1) Provide staff with 36 hours of training per year that reflects
the needs of persons served by community care facilities. This
training shall, where appropriate, include specialized instruction in
the needs of foster children, persons with mental disorders, or
developmental or physical disabilities, or other groups served by
specialized community care facilities.
(2) Give priority to applications for employment from persons with
experience as care providers to persons served by community care
facilities.
(3) Provide new staff with comprehensive training within the first
six months of employment. This comprehensive training shall, at a
minimum, include the following core areas: administrative action
process, client populations, conducting facility visits, cultural
awareness, documentation skills, facility operations, human relation
skills, interviewing techniques, investigation processes, and
regulation administration.
(c) In addition to the requirements in subdivision (b), group home
, short-term residential treatment center, and
foster family agency licensing personnel shall receive a minimum of
24 hours of training per year to increase their understanding of
children in group homes, short-term residential treatment
centers, certified homes, and foster family homes. The training
shall cover, but not be limited to, all of the following topics:
(1) The types and characteristics of emotionally troubled
children.
(2) The high-risk behaviors they exhibit.
(3) The biological, psychological, interpersonal, and social
contributors to these behaviors.
(4) The range of management and treatment interventions utilized
for these children, including, but not limited to, nonviolent,
emergency intervention techniques.
(5) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
SEC. 34. Section 1567.4 of the Health
and Safety Code is amended to read:
1567.4. The State Department of Social Services shall provide, at
cost, quarterly to each county and to each city, upon the request of
the county or city, and to the chief probation officer of each
county and city and county, a roster of all community care facilities
licensed as small family homes , short-term residential
treatment centers, or group homes located in the county, which
provide services to wards of the juvenile court, including
information as to whether each facility is licensed by the state or
the county, the type of facility, and the licensed bed capacity of
each such facility. Information concerning the facility shall be
limited to that available through the computer system of the State
Department of Social Services.
SEC. 35. Section 11105.2 of the Penal
Code is amended to read:
11105.2. (a) The Department of Justice may provide subsequent
state or federal arrest or disposition notification to any entity
authorized by state or federal law to receive state or federal
summary criminal history information to assist in fulfilling
employment, licensing, certification duties, or the duties of
approving relative caregivers and ,
nonrelative extended family members, and resource families
upon the arrest or disposition of any person whose fingerprints are
maintained on file at the Department of Justice or the Federal Bureau
of Investigation as the result of an application for licensing,
employment, certification, or approval. Nothing in this section shall
authorize the notification of a subsequent disposition pertaining to
a disposition that does not result in a conviction, unless the
department has previously received notification of the arrest and has
previously lawfully notified a receiving entity of the pending
status of that arrest. When the department supplies subsequent arrest
or disposition notification to a receiving entity, the entity shall,
at the same time, expeditiously furnish a copy of the information to
the person to whom it relates if the information is a basis for an
adverse employment, licensing, or certification decision. When
furnished other than in person, the copy shall be delivered to the
last contact information provided by the applicant.
(b) For purposes of this section, "approval" means those duties
described in subdivision (d) of Section 309 of the Welfare and
Institutions Code for approving the home of a relative caregiver or
of a nonrelative extended family member for placement of a child
supervised by the juvenile court , and those duties in Section
16519.5 of the Welfare and Institutions Code for resource families
.
(c) Any entity, other than a law enforcement agency employing
peace officers as defined in Section 830.1, subdivisions (a) and (e)
of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a)
and (b) of Section 830.5, and subdivision (a) of Section 830.31,
shall enter into a contract with the Department of Justice in order
to receive notification of subsequent state or federal arrests or
dispositions for licensing, employment, or certification purposes.
(d) Any entity which that submits
the fingerprints of applicants for licensing, employment,
certification, or approval to the Department of Justice for the
purpose of establishing a record of the applicant to receive
notification of subsequent state or federal arrests or dispositions
shall immediately notify the department when the employment of the
applicant is terminated, when the applicant's license or certificate
is revoked, when the applicant may no longer renew or reinstate the
license or certificate, or when a relative caregiver's or nonrelative
extended family member's approval is terminated. The Department of
Justice shall terminate state or federal subsequent notification on
any applicant upon the request of the licensing, employment,
certifying, or approving authority.
(e) Any entity receiving that receives
a notification of a state or federal subsequent arrest or
disposition for a person unknown to the entity, or for a person no
longer employed by the entity, or no longer eligible to renew the
certificate or license for which subsequent notification service was
established shall immediately return the subsequent notification to
the Department of Justice, informing the department that the entity
is no longer interested in the applicant. The entity shall not record
or otherwise retain any information received as a result of the
subsequent notice.
(f) Any entity that submits the fingerprints of an applicant for
employment, licensing, certification, or approval to the Department
of Justice for the purpose of establishing a record at the department
or the Federal Bureau of Investigation to receive notification of
subsequent arrest or disposition shall immediately notify the
department if the applicant is not subsequently employed, or if the
applicant is denied licensing certification, or approval.
(g) An entity that fails to provide the Department of Justice with
notification as set forth in subdivisions (c), (d), and (e) may be
denied further subsequent notification service.
(h) Notwithstanding subdivisions (c), (d), and (f), subsequent
notification by the Department of Justice and retention by the
employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.
SEC. 36. Section 11105.3 of the Penal
Code is amended to read:
11105.3. (a) Notwithstanding any other law, a human resource
agency or an employer may request from the Department of Justice
records of all convictions or any arrest pending adjudication
involving the offenses specified in subdivision (a) of Section 15660
of the Welfare and Institutions Code of a person who applies for a
license, employment, or volunteer position, in which he or she would
have supervisory or disciplinary power over a minor or any person
under his or her care. The department shall furnish the information
to the requesting employer and shall also send a copy of the
information to the applicant.
(b) Any request for records under subdivision (a) shall include
the applicant's fingerprints, which may be taken by the requester,
and any other data specified by the department. The request shall be
on a form approved by the department, and the department may charge a
fee to be paid by the employer, human resource agency, or applicant
for the actual cost of processing the request. However, no fee shall
be charged to a nonprofit organization. Requests received by the
department for federal level criminal offender record information
shall be forwarded to the Federal Bureau of Investigation by the
department to be searched for any record of arrests or convictions.
(c) (1) Where When a request
pursuant to this section reveals that a prospective employee or
volunteer has been convicted of a violation or attempted violation of
Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense
listed in Section 290, except for the offense specified in
subdivision (d) of Section 243.4, and where the agency or employer
hires the prospective employee or volunteer, the agency or employer
shall notify the parents or guardians of any minor who will be
supervised or disciplined by the employee or volunteer. A conviction
for a violation or attempted violation of an offense committed
outside the State of California shall be included in this notice if
the offense would have been a crime specified in this subdivision if
committed in California. The notice shall be given to the parents or
guardians with whom the child resides, and shall be given at least 10
days prior to the day that the employee or volunteer begins his or
her duties or tasks. Notwithstanding any other provision of
law, any person who conveys or receives information in good
faith and in conformity with this section is exempt from prosecution
under Section 11142 or 11143 for that conveying or receiving of
information. Notwithstanding subdivision (d), the notification
requirements of this subdivision shall apply as an additional
requirement of any other provision of law requiring criminal record
access or dissemination of criminal history information.
(2) The notification requirement pursuant to paragraph (1) shall
not apply to a misdemeanor conviction for violating Section 261.5 or
to a conviction for violating Section 262 or 273.5. Nothing in this
paragraph shall preclude an employer from requesting records of
convictions for violating Section 261.5, 262, or 273.5 from the
Department of Justice pursuant to this section.
(d) Nothing in this section supersedes any law requiring criminal
record access or dissemination of criminal history information. In
any conflict with another statute, dissemination of criminal history
information shall be pursuant to the mandatory statute. This
subdivision applies to, but is not limited to, requirements pursuant
to Article 1 (commencing with Section 1500) of Chapter 3 of, and
Chapter 3.2 (commencing with Section 1569) and Chapter 3.4
(commencing with Section 1596.70) of, Division 2 of, and Section 1522
of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of
the Family Code , and Section 16519.5 of the Welfare and
Institutions Code .
(e) The department may adopt regulations to implement the
provisions of this section as necessary.
(f) As used in this section, "employer" means any nonprofit
corporation or other organization specified by the Attorney General
which employs or uses the services of volunteers in positions in
which the volunteer or employee has supervisory or disciplinary power
over a child or children.
(g) As used in this section, "human resource agency" means a
public or private entity, excluding any agency responsible for
licensing of facilities pursuant to the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500)), the
California Residential Care Facilities for the Elderly Act (Chapter
3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with
Section 1568.01), and the California Child Day Care Facilities Act
(Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the
Health and Safety Code, responsible for determining the character and
fitness of a person who is:
(1) Applying for a license, employment, or as a volunteer within
the human services field that involves the care and security of
children, the elderly, the handicapped, or the mentally impaired.
(2) Applying to be a volunteer who transports individuals impaired
by drugs or alcohol.
(3) Applying to adopt a child or to be a foster parent.
(h) Except as provided in subdivision (c), any criminal history
information obtained pursuant to this section is confidential and no
recipient shall disclose its contents other than for the purpose for
which it was acquired.
(i) As used in this subdivision, "community youth athletic program"
means an employer having as its primary purpose the promotion or
provision of athletic activities for youth under 18 years of age.
(j) A community youth athletic program, as defined in subdivision
(i), may request state and federal level criminal history information
pursuant to subdivision (a) for a volunteer coach or hired coach
candidate. The director of the community youth athletic program shall
be the custodian of records.
(k) The community youth athletic program may request from the
Department of Justice subsequent arrest notification service, as
provided in Section 11105.2, for a volunteer coach or a hired coach
candidate.
(l) Compliance with this section does not remove or limit the
liability of a mandated reporter pursuant to Section 11166.
SEC. 37. Section 361.2 of the Welfare
and Institutions Code is amended to read:
361.2. (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child. The fact that the parent is
enrolled in a certified substance abuse treatment facility that
allows a dependent child to reside with his or her parent shall not
be, for that reason alone, prima facie evidence that placement with
that parent would be detrimental.
(b) If the court places the child with that parent it may do any
of the following:
(1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child's current caregiver
regarding the parent. After the social worker conducts the home visit
and files his or her report with the court, the court may then take
the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply that
the court is required to take the action described in this paragraph
as a prerequisite to the court taking the action described in either
paragraph (1) or (3).
(3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
(d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
(1) The home of a noncustodial parent as described in subdivision
(a), regardless of the parent's immigration status.
(2) The approved home of a relative, regardless of the relative's
immigration status.
(3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
(4) The approved home of a resource family as defined in Section
16519.5.
(5) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
(6) A suitable licensed community care facility, except a runaway
and homeless youth shelter licensed by the State Department of Social
Services pursuant to Section 1502.35 of the Health and Safety Code.
(7) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which
that has been certified by the agency as meeting
licensing standards.
(8) A home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9) A child under six years of age may
shall not be placed in a community care facility licensed as a
group home for children, a short-term residential
treatment center as defined in subdivision (ad) of Section 11400,
or a temporary shelter care facility as defined in Section
1530.8 of the Health and Safety Code, only
except under any of the following circumstances:
(A) (i) When a case plan indicates that placement is for purposes
of providing short term, specialized, and intensive treatment to the
child, the case plan specifies the need for, nature of, and
anticipated duration of this treatment, pursuant to paragraph (2) of
subdivision (c) of Section 16501.1, the case plan includes
transitioning the child to a less restrictive environment and the
projected timeline by which the child will be transitioned to a less
restrictive environment, and the facility meets the applicable
regulations adopted under Section 1530.8 of the Health and Safety
Code and standards developed pursuant to Section 11467.1 of this
code, and the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief
probation officer of the county probation department has approved the
case plan.
(ii) The short term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress toward
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county's control have
prevented the county from obtaining those services or supports within
the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a deputy director or director of the
county child welfare department or an assistant chief probation
officer or chief probation officer of the county probation
department.
(iii) To the extent that placements pursuant to this paragraph are
extended beyond an initial 120 days, the requirements of clauses (i)
and (ii) shall apply to each extension. In addition, the deputy
director or director of the county child welfare department or an
assistant chief probation officer or chief probation officer of the
county probation department shall approve the continued placement no
less frequently than every 60 days.
(B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
(i) The child's parent is also a ward of the court and resides in
the facility.
(ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
(iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
(10) (A) A child who is 6 to 12 years of age, inclusive, may be
placed in a community care facility licensed as a group home for
children or a short-term residential treatment center as defined
in subdivision (ad) of Section 11400, only when a case plan
indicates that placement is for purposes of providing short term,
specialized, and intensive treatment for the child, the case plan
specifies the need for, nature of, and anticipated duration of this
treatment, pursuant to paragraph (2) of subdivision (c) of Section
16501.1, the case plan includes transitioning the child to a
less restrictive environment and the projected timeline by which the
child will be transitioned to a less restrictive environment,
and is approved by the deputy director or director of the county
child welfare department or an assistant chief probation officer or
chief probation officer of the county probation department.
(B) The short term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress or
is actively working toward implementing the case plan that identifies
the services or supports necessary to transition the child to a
family setting, circumstances beyond the county's control have
prevented the county from obtaining those services or supports within
the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a deputy director or director of the
county child welfare department or an assistant chief probation
officer or chief probation officer of the county probation
department.
(C) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of
subparagraphs (A) and (B) shall apply to each extension. In addition,
the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department shall approve the
continued placement no less frequently than every 60 days.
(11) A child may be placed into a community care facility licensed
as a group home, or commencing January 1, 2017, a short-term
residential treatment center as defined in subdivision
(ad) of Section 11400, only when the
case plan indicates that placement is for purposes of providing
short-term, specialized, and intensive treatment for the child, the
case plan specifies the need for, nature of, and anticipated duration
of this treatment, pursuant to paragraph (2) of subdivision (c) of
Section 16501.1, and the case plan includes transitioning the child
to a less restrictive environment and the projected timeline by which
the child will be transitioned to a less restrictive environment.
(11)
(12) Nothing in this subdivision shall be construed to
allow a social worker to place any dependent child outside the United
States, except as specified in subdivision (f).
(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best
interest of the child, except as required by federal law or treaty.
(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and shall show, by
clear and convincing evidence, that placement outside the United
States is in the best interest of the child.
(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:
(A) Placement with a relative.
(B) Placement of siblings in the same home.
(C) Amount and nature of any contact between the child and the
potential guardian or caretaker.
(D) Physical and medical needs of the dependent child.
(E) Psychological and emotional needs of the dependent child.
(F) Social, cultural, and educational needs of the dependent
child.
(G) Specific desires of any dependent child who is 12 years of age
or older.
(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker to
make a placement outside the United States. A child subject to this
subdivision shall not leave the United States prior to the issuance
of the order described in this paragraph.
(5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.
(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).
(g) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
(2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
(5) When it has been determined that a child is to be placed out
of county either in a group home or a short-term residential
treatment center, or with a foster family agency for subsequent
placement in a certified foster family home, and the sending county
is to maintain responsibility for supervision and visitation of the
child, the sending county shall develop a plan of supervision and
visitation that specifies the supervision and visitation activities
to be performed and specifies that the sending county is responsible
for performing those activities. In addition to the plan of
supervision and visitation, the sending county shall document
information regarding any known or suspected dangerous behavior of
the child that indicates the child may pose a safety concern in the
receiving county. Upon implementation of the Child Welfare
Services Case Management System, the The plan of
supervision and visitation, as well as information regarding any
known or suspected dangerous behavior of the child, shall be made
available to the receiving county upon placement of the child in the
receiving county. If placement occurs on a weekend or holiday, the
information shall be made available to the receiving county on or
before the end of the next business day.
(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
(h) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given. The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement. The court shall order out-of-county placement if it finds
that the child's particular needs require placement outside the
county.
(i) Where When the court has ordered
removal of the child from the physical custody of his or her parents
pursuant to Section 361, the court shall consider whether the family
ties and best interest of the child will be served by granting
visitation rights to the child's grandparents. The court shall
clearly specify those rights to the social worker.
(j) Where When the court has ordered
removal of the child from the physical custody of his or her parents
pursuant to Section 361, the court shall consider whether there are
any siblings under the court's jurisdiction, or any nondependent
siblings in the physical custody of a parent subject to the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
(k) (1) An agency shall ensure placement of a child in a home
that, to the fullest extent possible, best meets the day-to-day needs
of the child. A home that best meets the day-to-day needs of the
child shall satisfy all of the following criteria:
(A) The child's caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.
(B) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.
(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.
(2) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.
SEC. 38. Section 727.1 of the Welfare
and Institutions Code is amended to read:
727.1. (a) When the court orders the care, custody, and control
of the minor to be under the supervision of the probation officer for
foster care placement pursuant to subdivision (a) of Section 727,
the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
family like, and the most appropriate setting that is available and
in close proximity to the parent's home, consistent with the
selection of the environment best suited to meet the minor's special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, tribal members, and foster
family, group care, and residential treatment pursuant to Section
7950 of the Family Code.
(b) Unless otherwise authorized by law, the court may not order
the placement of a minor who is adjudged a ward of the court on the
basis that he or she is a person described by either Section 601 or
602 in a private residential facility or program that provides
24-hour supervision, outside of the state, unless the court finds, in
its order of placement, that all of the following conditions are
met:
(1) In-state facilities or programs have been determined to be
unavailable or inadequate to meet the needs of the minor.
(2) The State Department of Social Services or its designee has
performed initial and continuing inspection of the out-of-state
residential facility or program and has either certified that the
facility or program meets the greater of all licensure
standards required of group homes or of short-term residential
treatment centers, operated in California or that the
department has granted a waiver to a specific licensing standard upon
a finding that there exists no adverse impact to health and safety,
pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3) The requirements of Section 7911.1 of the Family Code are met.
(c) If, upon inspection, the probation officer of the county in
which the minor is adjudged a ward of the court determines that the
out-of-state facility or program is not in compliance with the
standards required under paragraph (2) of subdivision (b) or has an
adverse impact on the health and safety of the minor, the probation
officer may temporarily remove the minor from the facility or
program. The probation officer shall promptly inform the court of the
minor's removal, and shall return the minor to the court for a
hearing to review the suitability of continued out-of-state
placement. The probation officer shall, within one business day of
removing the minor, notify the State Department of Social Services'
Compact Administrator, and, within five working days, submit a
written report of the findings and actions taken.
(d) The court shall review each of these placements for compliance
with the requirements of subdivision (b) at least once every six
months.
(e) The county shall not be entitled to receive or expend any
public funds for the placement of a minor in an out-of-state group
home or short-term residential treatment center ,
unless the conditions of subdivisions (b) and (d) are met.
SEC. 39. Section 831 is added to the
Welfare and Institutions Code , to read:
831. (a) (1) For purposes of this section, a "child and family
team" means a supportive team that informs the process of placement
and services to foster children and to children at risk of foster
care placement. The child and family team is comprised of the child,
the child's family, the caregiver, the placing agency caseworker, the
child's tribe and Indian custodian if the child is Indian, and the
county mental health representative. As appropriate, the child and
family team also may include, but is not limited to, behavioral
health representatives and other formal supports, such as educational
professionals and representatives from other agencies providing
services to the child and family. A child and family team also may
include extended family and informal support persons, such as
friends, coaches, faith-based connections, and tribes as identified
by the child and family. For purposes of this definition, if
placement into a short-term residential treatment center or a foster
family agency that provides treatment services has occurred or is
being considered, the mental health representative is required to be
a licensed mental health professional.
(2) To promote more effective communication needed for the
development of a plan to address the needs of the child and family, a
person designated as a member of a child and family team pursuant to
subdivision (a) of Section 16501 may receive and disclose relevant
information and records, subject to the confidentiality provisions
described in this section.
(3) Information exchanged among the team shall be received in
confidence for the limited purpose of providing necessary services
and supports to the child and family and shall not be further
disclosed except to the juvenile court with jurisdiction over the
child or as otherwise required by law.
(b) When a child and family have been identified as benefiting
from the convening of a child and family team, the following shall
occur:
(1) The parents or guardians and the child shall be informed of
the nature of the team, the expected benefit of convening the team,
and the expected outcome of the team.
(2) The parents or guardians and the child shall be informed that
they may decline participation in the team.
(3) If the parents or guardians or the child agree to participate
in the team, the proposed members of the team shall be identified.
The parents or guardians and the child shall be permitted to identify
nonprofessionals, such as relatives, nonrelative extended family
members, and caregivers or former caregivers, to participate on the
team.
(4) All team members shall be fully apprised of the
confidentiality requirements of this subdivision prior to
participation in the team meetings and shall sign a confidentiality
agreement.
(c) (1) When a child and family team is convened, each
participating parent, guardian, and child with legal power to consent
shall be asked to sign an authorization to release information to
team members. In the event that a child who is a dependent of the
juvenile court does not have the legal power to consent to the
release of information, the court is authorized to consent on behalf
of the child.
(2) Authorization to release information shall be in writing and
shall comply with all other applicable state law governing release of
medical, mental health, social service, and educational records, and
that covers identified team members, including service providers, in
order to permit the release of records to the team.
(A) Authorization for the release of medical records may be
indicated on a separate form designated for that purpose.
(B) This authorization shall not include release of adoption
records.
(3) All team members from whom an authorization to release
information is required shall be informed of the right to refuse to
sign, or to limit the scope of, the consent form.
(4) The knowing and informed consent to release information given
pursuant to this section shall only be in force for the time that the
child or family, or nonminor dependent, is participating in the
child and family team.
(d) (1) Upon obtaining the authorization to release information as
described in subdivision (c), relevant information and records may
be shared with members of the team. If the team determines that the
disclosure of information would present a reasonable risk of a
significant adverse or detrimental effect on the minor's
psychological or physical safety, the information shall not be
released.
(2) To the extent the records were generated as a result of health
care services to which the child has the power to consent under
state law, release of these records may take place only after the
team has received written authorization from the child to release the
records.
(e) Before each team meeting, a facilitator shall explain both of
the following to the team before information may be exchanged about a
particular child or family:
(1) Information provided by the child or family may only be
exchanged with team members with the express written consent of the
family and the child or person with the legal right to consent on
behalf of the child.
(2) Information discussed in the team meetings shall not be
disclosed to anyone other than members of the team and juvenile
court, unless otherwise required by law. Civil and criminal penalties
may apply to the inappropriate disclosure of information held by the
team.
(f) Every member of the child and family team who receives
information or records on the child and family served by the team
shall be under the same privacy and confidentiality obligations as
the person disclosing or providing the information or records. The
information or records obtained shall be maintained in a manner that
ensures the maximum protection of privacy and confidentiality rights.
(g) This section shall not be construed to restrict guarantees of
confidentiality provided under federal law.
(h) Information and records communicated or provided to the team,
by all providers, programs, and agencies, as well as information and
records created by the team in the course of serving a child and his
or her family, shall be deemed private and confidential and shall be
protected from discovery and disclosure by all applicable statutory
and common law. Nothing in this section shall be construed to affect
the authority of a health care provider to disclose medical
information pursuant to paragraph (1) of subdivision (c) of Section
56.10 of the Civil Code.
(i) If the child welfare agency files or records, or any portions
thereof, are privileged or confidential, pursuant to any other state
law, except Section 827, or federal law or regulation, the
requirements of that state law or federal law or regulation
prohibiting or limiting release of the child welfare agency files or
records, or any portions thereof, shall prevail.
(j) All discussions during team meetings are confidential unless
disclosure is required by law. Notwithstanding any other law,
testimony concerning any team meeting discussion is not admissible in
any criminal or civil proceeding except as provided in paragraph (2)
of subdivision (a).
(k) As used in this section, "privileged information" means any
information subject to a privilege pursuant to Division 8 (commencing
with Section 900) of the Evidence Code. Disclosure of otherwise
privileged information to team members shall not be construed to
waive the privilege.
SEC. 40. Section 4094.2 of the Welfare
and Institutions Code is amended to read:
4094.2. (a) For the purpose of establishing payment rates for
community treatment facility programs, the private nonprofit agencies
selected to operate these programs shall prepare a budget that
covers the total costs of providing residential care and supervision
and mental health services for their proposed programs. These costs
shall include categories that are allowable under California's Foster
Care program and existing programs for mental health services. They
shall not include educational, nonmental health medical, and dental
costs.
(b) Each agency operating a community treatment facility program
shall negotiate a final budget with the local mental health
department in the county in which its facility is located (the host
county) and other local agencies, as appropriate. This budget
agreement shall specify the types and level of care and services to
be provided by the community treatment facility program and a payment
rate that fully covers the costs included in the negotiated budget.
All counties that place children in a community treatment facility
program shall make payments using the budget agreement negotiated by
the community treatment facility provider and the host county.
(c) A foster care rate shall be established for each community
treatment facility program by the State Department of Social
Services. These
(1) These rates shall be
established using the existing foster care ratesetting system for
group homes, or the rate for a short-term residential treatment
center as defined in subdivision (ad) of Section 11400, with
modifications designed as necessary. It is anticipated that all
community treatment facility programs will offer the level of care
and services required to receive the highest foster care rate
provided for under the current group home
ratesetting system.
(2) Commencing January 1, 2018, the program shall have
accreditation from a nationally recognized accrediting entity
identified by the State Department of Social Services pursuant to the
process described in paragraph (4) of subdivision (b) of Section
11462.
(d) For the 2001-02 fiscal year, the 2002-03 fiscal year, the
2003-04 fiscal year, and the 2004-05 fiscal year, community treatment
facility programs shall also be paid a community treatment facility
supplemental rate of up to two thousand five hundred dollars ($2,500)
per child per month on behalf of children eligible under the foster
care program and children placed out of home pursuant to an
individualized education program developed under Section 7572.5 of
the Government Code. Subject to the availability of funds, the
supplemental rate shall be shared by the state and the counties.
Counties shall be responsible for paying a county share of cost equal
to 60 percent of the community treatment rate for children placed by
counties in community treatment facilities and the state shall be
responsible for 40 percent of the community treatment facility
supplemental rate. The community treatment facility supplemental rate
is intended to supplement, and not to supplant, the payments for
which children placed in community treatment facilities are eligible
to receive under the foster care program and the existing programs
for mental health services.
(e) For initial ratesetting purposes for community treatment
facility funding, the cost of mental health services shall be
determined by deducting the foster care rate and the community
treatment facility supplemental rate from the total allowable cost of
the community treatment facility program. Payments to certified
providers for mental health services shall be based on eligible
services provided to children who are Medi-Cal beneficiaries, up to
the approved federal rate for these services.
(f) The State Department of Health Care Services shall provide the
community treatment facility supplemental rates to the counties for
advanced payment to the community treatment facility providers in the
same manner as the regular foster care payment and within the same
required payment time limits.
(g) In order to facilitate the study of the costs of community
treatment facilities, licensed community treatment facilities shall
provide all documents regarding facility operations, treatment, and
placements requested by the department.
(h) It is the intent of the Legislature that the State Department
of Health Care Services and the State Department of Social Services
work to maximize federal financial participation in funding for
children placed in community treatment facilities through funds
available pursuant to Titles IV-E and XIX of the federal Social
Security Act (Title 42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.)
and other appropriate federal programs.
(i) The State Department of Health Care Services and the State
Department of Social Services may adopt emergency regulations
necessary to implement joint protocols for the oversight of community
treatment facilities, to modify existing licensing regulations
governing reporting requirements and other procedural and
administrative mandates to take into account the seriousness and
frequency of behaviors that are likely to be exhibited by the
seriously emotionally disturbed children placed in community
treatment facility programs, to modify the existing foster care
ratesetting regulations, and to pay the community treatment facility
supplemental rate. The adoption of these regulations
shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. The regulations shall become
effective immediately upon filing with the Secretary of State. The
regulations shall not remain in effect more than 180 days unless the
adopting agency complies with all the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, as required by subdivision (e) of Section
11346.1 of the Government Code.
SEC. 41. Section 4096 of the Welfare
and Institutions Code is amended to read:
4096. (a) (1) Interagency collaboration and children's program
services shall be structured in a manner that will facilitate future
implementation of the goals of the Children's Mental Health Services
Act.
(2) Components shall be added to state-county performance
contracts required in Section 5650 that provide for reports from
counties on how this section is implemented.
(3) The department shall develop performance contract components
required by paragraph (2).
(4) Performance contracts subject to this section shall document
that the procedures to be implemented in compliance with this section
have been approved by the county social services department and the
county probation department.
(b) Funds specified in subdivision (a) of Section 17601 for
services to wards of the court and dependent children of the court
shall be allocated and distributed to counties based on the number of
wards of the court and dependent children of the court in the
county.
(c) A county may utilize funds allocated pursuant to subdivision
(b) only if the county has an established and operational interagency
placement committee, with a membership that includes at least the
county placement agency and a licensed mental health professional
from the county department of mental health. If necessary, the funds
may be used for costs associated with establishing the interagency
placement committee.
(d) Subsequent to the establishment of an interagency placement
committee, funds allocated pursuant to subdivision (b) shall be used
to provide services to wards of the court and dependent children of
the court jointly identified by county mental health, social
services, and probation departments as the highest priority. Every
effort shall be made to match those funds with funds received
pursuant to Title XIX of the federal Social Security Act, contained
in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title
42 of the United States Code.
(e) (1) Each interagency placement committee shall establish
procedures whereby a ward of the court or dependent child of the
court, or a voluntarily placed child whose placement is funded by the
Aid to Families with Dependent Children-Foster Care Program, who is
to be placed or is currently placed in a group home program at a rate
classification level 13 or rate classification level 14 as specified
in Section 11462.01, is assessed as seriously emotionally disturbed,
as defined in Section 5600.3 and Section 1502.4 of the Health and
Safety Code.
(2) The assessment required by paragraph (1) shall also indicate
that the child is in need of the care and services provided by that
group home program.
(f) The interagency placement committee shall document the results
of the assessment required by subdivision (e) and shall notify the
appropriate group home provider and county placing agency, in
writing, of those results within 10 days of the completion of the
assessment.
(g) If the child's placement is not funded by the Aid to Families
with Dependent Children-Foster Care Program, a licensed mental health
professional, as defined in Sections 629 to 633, inclusive, of Title
9 of the California Code of Regulations, shall certify that the
child is seriously emotionally disturbed, as defined in Section
5600.3 and Section 1502.4 of the Health and Safety Code.
(h) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04 or to a foster family home that has been granted an
extension pursuant to the exception process described in subdivision
(d) of Section 11463.1.
(2) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 42. Section 4096 is added to the
Welfare and Institutions Code , to read:
4096. (a) (1) Interagency collaboration and children's program
services shall be structured in a manner that will facilitate
implementation of the goals of the Children's Mental Health Services
Act.
(2) Components shall be added to state-county performance
contracts required in Section 5650 that provide for reports from
counties on how this section is implemented.
(3) The State Department of Health Care Services shall develop
performance contract components required by paragraph (2).
(4) Performance contracts subject to this section shall document
that the procedures to be implemented in compliance with this section
have been approved by the county social services department and the
county probation department.
(b) Funds specified in subdivision (a) of Section 17601 for
services to wards of the court and dependent children of the court
shall be allocated and distributed to counties based on the number of
wards of the court and dependent children of the court in the
county.
(c) A county may utilize funds allocated pursuant to subdivision
(b) only if the county has an established and operational interagency
placement with a membership that includes at least the county
placement agency and a licensed mental health professional from the
county department of mental health. If necessary, the funds may be
used for costs associated with establishing the interagency placement
committee.
(d) Funds allocated pursuant to subdivision (b) shall be used to
provide services to wards of the court and dependent children of the
court jointly identified by county mental health, social services,
and probation departments as the highest priority. Every effort shall
be made to match those funds with funds received pursuant to Title
XIX of the federal Social Security Act, contained in Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code.
(e) (1) Each interagency placement committee shall establish
procedures whereby a ward of the court or dependent child of the
court, or a voluntarily placed child whose placement is funded by the
Aid to Families with Dependent Children-Foster Care Program, who is
to be placed or is currently placed in a short-term residential
treatment center or foster family agency that provides treatment
services, as specified in Section 11462.01, is assessed as seriously
emotionally disturbed, as defined in Section 5600.3 and Section
1502.4 of the Health and Safety Code.
(2) The assessment required by paragraph (1) shall also indicate
that the child is in need of the care and services provided by a
short-term residential center or foster family agency that provides
treatment services.
(3) In lieu of an assessment by the interagency placement
committee required under paragraph (1), a child and family team, as
defined in Section 831, may utilize an assessment by a licensed
mental health professional that was developed consistent with
procedures established by the county under paragraph (1). Nothing in
this paragraph shall prohibit the child and family team from
considering an assessment provided by an interagency placement
committee.
(f) The interagency placement committee or the child and family
team, as appropriate, shall document the results of the assessment
required by subdivision (e) and shall notify the appropriate provider
in writing, of those results within 10 days of the completion of the
assessment.
(g) If the child's placement is not funded by the Aid to Families
with Dependent Children-Foster Care Program, a licensed mental health
professional shall certify that the child is seriously emotionally
disturbed, as defined in Section 5600.3 and Section 1502.4 of the
Health and Safety Code.
(h) This section shall become operative on January 1, 2017.
SEC. 43. Section 4096.5 of the Welfare
and Institutions Code is amended to read:
4096.5. (a) The State Department of Health Care Services shall
make a determination, within 45 days of receiving a request from a
group home to be classified at RCL 13 or RCL 14 pursuant to Section
11462.01, to certify or deny certification that the group home
program includes provisions for mental health treatment services that
meet the needs of seriously emotionally disturbed children. The
department shall issue each certification for a period of one year
and shall specify the effective date the program met the
certification requirements. A program may be recertified if the
program continues to meet the criteria for certification.
(b) The State Department of Health Care Services shall, in
consultation with the California Mental Health Directors Association
and representatives of provider organizations, develop the criteria
for the certification required by subdivision (a) by July 1, 1992.
(c) (1) The State Department of Health Care Services may, upon the
request of a county, delegate to that county the certification task.
(2) Any county to which the certification task is delegated
pursuant to paragraph (1) shall use the criteria and format developed
by the department.
(d) The State Department of Health Care Services or delegated
county shall notify the State Department of Social Services Community
Care Licensing Division immediately upon the termination of any
certification issued in accordance with subdivision (a).
(e) Upon receipt of notification from the State Department of
Social Services Community Care Licensing Division of any adverse
licensing action taken after the finding of noncompliance during an
inspection conducted pursuant to Section 1538.7 of the Health and
Safety Code, the State Department of Health Care Services or the
delegated county shall review the certification issued pursuant to
this section.
(f) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04 or to a foster family home that has been granted an
extension pursuant to the exception process described in subdivision
(d) of Section 11463.1.
(2) This section is repealed as of January 1, 2018, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.
SEC. 44. Section 4096.5 is added to the
Welfare and Institutions Code , to read:
4096.5. (a) All short-term residential treatment centers, and all
foster family agencies that provide intensive treatment services as
described in Section 11462.01, shall obtain and have in good standing
a mental health certification issued by the State Department of
Health Care Services or a county to which the department has
delegated certification authority. This certification is a condition
for receiving an Aid to Families with Dependent Children-Foster Care
rate pursuant to Section 11462.015.
(b) The State Department of Health Care Services or a county to
which the department has delegated certification authority shall
certify or deny certification within 45 days of receiving a
certification request. The State Department of Health Care Services
or a county to which the department has delegated certification
authority shall issue each certification for a period of one year and
shall specify the effective date that the program met the program
standards. Certified entities shall meet all program standards to be
recertified.
(c) Pursuant to Section 11462.25, the State Department of Health
Care Services shall promulgate regulations regarding program
standards, oversight, enforcement, and due process for the mental
health certification of short-term residential treatment centers and
foster family agencies that provide intensive or therapeutic
treatment services.
(d) (1) Except for certification of short-term residential
treatment centers or foster family agencies operated by a county, the
State Department of Health Care Services may, upon the request of a
county, delegate to that county the certification of short-term
residential treatment centers and foster family agencies within its
borders.
(2) Any county to which certification is delegated pursuant to
paragraph (1) shall be responsible for the oversight and enforcement
of program standards and the provision of due process for certified
entities.
(e) The State Department of Health Care Services or a county to
which the department has delegated certification authority shall
notify the State Department of Social Services immediately upon the
termination of any certification issued in accordance with
subdivisions (a) and (b).
(f) The State Department of Social Services shall notify the State
Department of Health Care Services or a county to which the
department has delegated certification authority immediately upon the
revocation of any license issued pursuant to Chapter 3 (commencing
with Section 1500) of Division 2 of the Health and Safety Code.
(g) This section shall become operative on January 1, 2017.
SEC. 45. Section 11400 of the Welfare
and Institutions Code is amended to read:
11400. For purposes of this article, the following definitions
shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residence of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that accepts children in need of care and supervision in a group
home, as defined by paragraph (13) of subdivision (a) of Section 1502
of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) (1) "Transitional housing placement provider" means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents, as
defined in subdivision (v). A transitional housing placement provider
shall be privately operated and organized on a nonprofit basis.
(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.
(s) "Transitional Housing Program-Plus" means a provider certified
by the applicable county, in accordance with subdivision (c) of
Section 16522, to provide transitional housing services to former
foster youth who have exited the foster care system on or after their
18th birthday.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child, and is
specifically recruited and trained to assist the minor or nonminor
dependent parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor or nonminor dependent parent need not be the subject of a
petition filed pursuant to Section 300 to qualify for placement in a
whole family foster home.
(u) "Mutual agreement" means any of the following:
(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on and
after January 1, 2012, a nonminor dependent, and the county welfare
services or probation department or tribal agency responsible for the
foster care placement, that documents the nonminor's continued
willingness to remain in supervised out-of-home placement under the
placement and care of the responsible county, tribe, consortium of
tribes, or tribal organization that has entered into an agreement
with the state pursuant to Section 10553.1, remain under the
jurisdiction of the juvenile court as a nonminor dependent, and
report any change of circumstances relevant to continued eligibility
for foster care payments, and that documents the nonminor's and
social worker's or probation officer's agreement to work together to
facilitate implementation of the mutually developed supervised
placement agreement and transitional independent living case plan.
(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP payments
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), and the agency responsible for the
Kin-GAP benefits, provided that the nonminor former dependent or ward
satisfies the conditions described in Section 11403.01, or one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. For purposes of this paragraph
and paragraph (3), "nonminor former dependent or ward" has the same
meaning as described in subdivision (aa).
(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC payments
under subdivision (e) or (f) of Section 11405 and the agency
responsible for the AFDC-FC benefits, provided that the nonminor
former dependent or ward described in subdivision (e) of Section
11405 satisfies one or more of the conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, and the
nonminor described in subdivision (f) of Section 11405 satisfies the
secondary school or equivalent training or certificate program
conditions described in that subdivision.
(v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current dependent child or ward of the juvenile court, or who is a
nonminor under the transition jurisdiction of the juvenile court, as
described in Section 450, and who satisfies all of the following
criteria:
(1) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is not more than 19
years of age on or after January 1, 2012, not more than 20 years of
age on or after January 1, 2013, or not more than 21 years of age on
or after January 1, 2014, and as described in Section 10103.5.
(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal
organization that entered into an agreement pursuant to Section
10553.1.
(3) He or she has a transitional independent living case plan
pursuant to Section 475(8) of the federal Social Security Act (42
U.S.C. Sec. 675(8)), as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), as described in Section 11403.
(w) "Supervised independent living placement" means, on and after
January 1, 2012, an independent supervised setting, as specified in a
nonminor dependent's
transitional independent living case plan, in which the youth is
living independently, pursuant to Section 472(c)(2) of the Social
Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "Supervised independent living setting," pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)
(2)), includes both a supervised independent living placement, as
defined in subdivision (w), and a residential housing unit certified
by the transitional housing placement provider operating a
Transitional Housing Placement-Plus Foster Care program, as described
in paragraph (2) of subdivision (a) of Section 16522.1.
(y) "Transitional independent living case plan" means, on or after
January 1, 2012, a child's case plan submitted for the last review
hearing held before he or she reaches 18 years of age or the nonminor
dependent's case plan, updated every six months, that describes the
goals and objectives of how the nonminor will make progress in the
transition to living independently and assume incremental
responsibility for adult decisionmaking, the collaborative efforts
between the nonminor and the social worker, probation officer, or
Indian tribal placing entity and the supportive services as described
in the transitional independent living plan (TILP) to ensure active
and meaningful participation in one or more of the eligibility
criteria described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403, the nonminor's appropriate
supervised placement setting, and the nonminor's permanent plan for
transition to living independently, which includes maintaining or
obtaining permanent connections to caring and committed adults, as
set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor's desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor's desire,
willingness, and ability to immediately participate in one or more of
the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor's agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process, or (2) if the
nonminor meets the definition of a nonminor former dependent or
ward, as described in subdivision (aa), the nonminor's agreement to
return to the care and support of his or her former juvenile
court-appointed guardian and meet the eligibility criteria for
AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa) "Nonminor former dependent or ward" means, on and after
January 1, 2012, either of the following:
(1) A nonminor who reached 18 years of age while subject to an
order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and who
is still under the general jurisdiction of the court.
(2) A nonminor who is over 18 years of age and, while a minor, was
a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26, or
subdivision (d), of Section 728 and the juvenile court dependency or
wardship was dismissed following the establishment of the
guardianship.
(ab) "Runaway and homeless youth shelter" means a type of group
home, as defined in paragraph (14) of subdivision (a) of Section 1502
of the Health and Safety Code, that is not an eligible placement
option under Sections 319, 361.2, 450, and 727, and that is not
eligible for AFDC-FC funding pursuant to subdivision (c) of Section
11402 or Section 11462.
(ac) "Transition dependent" is a minor between 17 years and five
months and 18 years of age who is subject to the court's transition
jurisdiction under Section 450.
(ad) "Short-term residential treatment center" means a licensed
community care facility, as defined in paragraph (18) of Section 1502
of the Health and Safety Code, that provides short-term,
specialized, and intensive treatment for the child, when the child's
case plan specifies the need for, nature of, and anticipated duration
of this specialized treatment.
(ae) "Resource family" means a placement, as defined in
subdivision (c) of Section 16519.5.
SEC. 46. Section 11402 of the Welfare
and Institutions Code is amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) The approved home of a resource family as defined in Section
16519.5.
(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter as
defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary to
meet the treatment needs of the child and that the facility offers
those treatment services.
(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(f) An exclusive-use home.
(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) of Section 11400.
(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(i) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(j) This section shall become operative on July 1, 2012.
(j) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04 or to a foster family home that has been granted an
extension pursuant to the exception process described in subdivision
(d) of Section 11463.1.
(2) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 47. Section 11402 is added to the
Welfare and Institutions Code , to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child attaining 18 years of age.
(2) The approved home of a nonrelative extended family member, as
described in Section 362.7.
(c) (1) The licensed family home of a nonrelative.
(2) The approved home of a resource family, as defined in Section
16519.5.
(3) A licensed foster family agency for placement into a
nontreatment foster home, provided that the program has accreditation
from a nationally recognized entity identified by the State
Department of Social Services pursuant to the process described in
paragraph (8) of subdivision (b) of Section 11463.
(d) (1) A housing model certified by a licensed transitional
housing placement provider, as described in Section 1559.110 of the
Health and Safety Code, and as defined in subdivision (r) of Section
11400.
(2) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(e) A licensed foster family agency for placement into a treatment
foster home, provided that all of the following apply:
(1) The program has accreditation from a nationally recognized
entity identified by the State Department of Social Services pursuant
to the process described in paragraph (8) of subdivision (b) of
Section 11463.
(2) The program has a mental health certificate pursuant to
Section 11462.015.
(3) The placement worker has documented in the child's case plan
the need for, nature of, and anticipated duration of this specialized
treatment to meet the treatment needs of the child and that the
facility offers those treatment services.
(f) A short-term residential treatment center licensed as a
community care facility, as defined in subdivision (ad) of Section
11400, provided that all of the following apply:
(1) The program has a national accreditation from an entity
selected by the State Department of Social Services pursuant to the
process described in paragraph (4) of subdivision (b) of Section
11462.
(2) The program has a mental health certificate pursuant to
Section 11462.015.
(3) The placement worker has documented in the child's case plan
the need for, nature of, and anticipated duration of this specialized
treatment to meet the treatment needs of the child and that the
facility offers those treatment services.
(g) An out-of-state short-term residential treatment center that
meets the equivalent of the requirements of paragraphs (1), (2), and
(3) of subdivision (f), provided that the placement worker, in
addition to complying with all other statutory requirements for
placing a minor in an out-of-state group home, documents that the
requirements of Section 7911.1 of the Family Code have been met.
(h) A community treatment facility set forth in Article 5
(commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i) This section shall become operative on January 1, 2017.
SEC. 48. Section 11403.2 of the Welfare
and Institutions Code is amended to read:
11403.2. (a) The following persons shall be eligible for
transitional housing provided pursuant to Article 4 (commencing with
Section 16522) of Chapter 5 of Part 4:
(1) Any foster child at least 16 years of age and not more than 18
years of age, and, on or after January 1, 2012, any nonminor
dependent, as defined in subdivision (v) of Section 11400, who is
eligible for AFDC-FC benefits as described in Section 11401. A foster
child under 18 years of age shall be eligible for placement in the
program certified as a "Transitional Housing Placement Program,"
pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A
nonminor dependent shall be eligible for placement in the program
certified as a "Transitional Housing Placement-Plus Foster Care
Program" pursuant to paragraph (2) of subdivision (a) of Section
16522.1.
(2) (A) Any former foster youth at least 18 years of age and,
except as provided in subparagraph (B), not more than 24 years of age
who has exited from the foster care system on or after his or her
18th birthday and elects to participate in Transitional Housing
Program-Plus, as defined in subdivision (s) of Section 11400, if he
or she has not received services under this paragraph for more than a
total of 24 months, whether or not consecutive. If the person
participating in a Transitional Housing Program-Plus is not receiving
aid under Section 11403.1, he or she, as a condition of
participation, shall enter into, and execute the provisions of, a
transitional independent living plan that shall be mutually agreed
upon, and annually reviewed, by the former foster youth and the
applicable county welfare or probation department or independent
living program coordinator. The person participating under this
paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.
(B) A county may, at its option, extend the services provided
under subparagraph (A) to former foster youth not more than 25 years
of age, and for a total of 36 months, whether or not consecutive, if
the former foster youth, in addition to the requirements specified in
subparagraph (A), meets either of the following criteria:
(i) The former foster youth is completing secondary education or a
program leading to an equivalent credential.
(ii) The former foster youth is enrolled in an institution that
provides postsecondary education.
(b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement provider pursuant to
the conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, in consultation with
concerned stakeholders, including, but not limited to,
representatives of the Legislature, the County Welfare Directors
Association of California, the Chief Probation Officers of
California, the Judicial Council, representatives of Indian tribes,
the California Youth Connection, former foster youth, child advocacy
organizations, labor organizations, juvenile justice advocacy
organizations, foster caregiver organizations, researchers, and
transitional housing placement providers, shall convene a workgroup
to establish a new rate structure for the Title IV-E funded THP-Plus
Foster Care placement option for nonminor dependents. The workgroup
shall also consider application of this new rate structure to the
Transitional Housing Program-Plus, as described in paragraph (2) of
subdivision (a) of Section 11403.3. In developing the new rate
structure pursuant to this subdivision, the department shall consider
the average rates in effect and being paid by counties to current
transitional housing placement providers.
(c) The Legislature finds and declares that this subdivision was
added in 2015 to clearly codify the requirement of existing law
regarding the payment made on behalf of an eligible person receiving
transitional housing services. The workgroup described in subdivision
(b) recommended, and the department subsequently implemented, an
annual adjustment to the payment made on behalf of an eligible person
receiving transitional housing services. This annual adjustment has
been, and shall continue to be, equal to the California Necessities
Index applicable to each fiscal year. The Legislature hereby codifies
that its intent remains in making this annual adjustment to support
the care and supervision, including needed services and supports, for
nonminor dependents who are receiving transitional housing services
through the THP-Plus Foster Care Program.
SEC. 49. Section 11460 of the Welfare
and Institutions Code is amended to read:
11460. (a) Foster care providers shall be paid a per child per
month rate in return for the care and supervision of the AFDC-FC
child placed with them. The department is designated the single
organizational unit whose duty it shall be to administer a state
system for establishing rates in the AFDC-FC program. State functions
shall be performed by the department or by delegation of the
department to county welfare departments or Indian tribes, consortia
of tribes, or tribal organizations that have entered into an
agreement pursuant to Section 10553.1.
(b) "Care and supervision" includes food, clothing, shelter, daily
supervision, school supplies, a child's personal incidentals,
liability insurance with respect to a child, reasonable travel to the
child's home for visitation, and reasonable travel for the child to
remain in the school in which he or she is enrolled at the time of
placement. Reimbursement for the costs of educational travel, as
provided for in this subdivision, shall be made pursuant to
procedures determined by the department, in consultation with
representatives of county welfare and probation directors, and
additional stakeholders, as appropriate.
(1) For a child placed in a short-term residential treatment
center or a group home, care and supervision shall
also include reasonable administration and operational activities
necessary to provide the items listed in this subdivision.
(2) For a child placed in a short-term residential treatment
center or a group home, care and supervision may
also include reasonable activities performed by social workers
employed by the group home program
provider which that are not otherwise
considered daily supervision or administration activities , but
are eligible for federal financial participation under Title IV-E of
the Social Security Act .
(c) It is the intent of the Legislature to establish the maximum
level of state financial participation
in out-of-state foster care group home program
rates effective January 1, 1992 for
placements in facilities described in subdivision (g) of Section
11402 .
(1) The department shall develop regulations that establish the
method for determining the level of state
financial participation in the rate paid for
each out-of-state group home program
placements in facilities described in subdivision (g)
of Section 11402 . The department shall consider all of the
following methods:
(A) A Until December 31, 2016, a
standardized system based on the rate classification level
of care and services per child per month as detailed in
Section 11462 .
(B) The rate developed for a short-term residential treatment
center pursuant to Section 11462.
(B)
(C) A system which that
considers the actual allowable and reasonable costs of care and
supervision incurred by the out-of-state program.
(C)
(D) A system which that
considers the rate established by the host state.
(D)
(E) Any other appropriate methods as determined by the
department.
(2) State reimbursement Reimbursement
for the AFDC-FC group home Aid to
Families with Children - Foster Care
rate to be paid to an out-of-state program on or
after January 1, 1992, described in subdivision (g) of
Section 11402 shall only be paid to programs which
that have done both of the following:
(A) Submitted a rate application to the department and received a
determination of the level of state financial
participation in the rate paid .
(i) The level of state financial
participation shall not exceed the current fiscal year's standard
rate for rate classification level 14 for a group home; or,
commencing January 1, 2017, for a short-term residential treatment
center .
(ii) The level of state financial
participation shall not exceed the rate determined by the ratesetting
authority of the state in which the facility is located.
(iii) The level of state participation shall not decrease for any
child placed prior to January 1, 1992, who continues to be placed in
the same out-of-state group home program.
(B) Agreed to comply with information requests, and program and
fiscal audits as determined necessary by the department.
(3) State Except as specifically provided
for in statute, reimbursement for an AFDC-FC rate paid
on or after January 1, 1993, shall only be paid to a group
home or short-term residential treatment center organized
and operated on a nonprofit basis.
(d) A foster care provider that accepts payments, following the
effective date of this section, based on a rate established under
this section, shall not receive rate increases or retroactive
payments as the result of litigation challenging rates established
prior to the effective date of this section. This shall apply
regardless of whether a provider is a party to the litigation or a
member of a class covered by the litigation.
(e) Nothing shall preclude a county from using a portion of its
county funds to increase rates paid to family homes and
, foster family agencies , group homes, and
short-term residential treatment centers within that county,
and to make payments for specialized care increments, clothing
allowances, or infant supplements to homes within that county, solely
at that county's expense.
(f) Nothing shall preclude a county from providing a supplemental
rate to serve commercially sexually exploited foster children to
provide for the additional care and supervision needs of these
children. To the extent that federal financial participation is
available, it is the intent of the Legislature that the federal
funding shall be utilized.
SEC. 50. Section 11461.2 of the Welfare
and Institutions Code is amended to read:
11461.2. (a) It is the intent of the Legislature to ensure
quality care for children who are placed in the continuum of AFDC-FC
eligible placement settings.
(b) The State Department of Social Services shall establish, in
consultation with county welfare departments and other stakeholders,
as appropriate, a working group to develop recommended revisions to
the current ratesetting system, services, and programs serving
children and families in the continuum of AFDC-FC eligible placement
settings including, at a minimum, all programs provided by foster
family agencies and group homes including those providing
residentially-based services, as defined in paragraph (1) of
subdivision (a) of Section 18987.71.
(c) In developing the recommended revisions identified in
subdivision (b), the working group shall consider all of the
following:
(1) How ratesetting systems for foster care providers, including,
at least, foster family agencies and group homes, can better support
a continuum of programs and services that promote positive outcomes
for children and families. This may include a process for matching
the child's strengths and needs to the appropriate placement setting.
(2) How the provision of an integrated, comprehensive set of
services including mental health and other critical services for
children and youth support the achievement of well-being, permanency,
and safety outcomes.
(3) How to ensure the provision of services in family-like
settings including after care services, when appropriate.
(4) How to provide outcome-based evaluations of foster care
providers or other methods of measuring quality improvement including
measures of youth and families' satisfaction with services provided
and program effectiveness.
(5) How changes in the licensing, ratesetting, and auditing
processes can improve the quality of foster care providers, the
quality of services and programs provided, and enhance the oversight
of care provided to children, including, but not limited to,
accreditation, administrator qualifications, and the reassignment of
these responsibilities within the department.
(d) In addition to the considerations in subdivision (c), the
workgroup recommendations shall be based on the review and evaluation
of the current ratesetting systems, actual cost data, and
information from the provider community as well as research on other
applicable ratesetting methodologies, evidenced-based practices,
information developed as a result of pilots approved by the director,
and any other relevant information.
(e) (1) The workgroup shall develop the
content, format, and data sources for reports to be posted by the
department on a public Internet Web site describing the outcomes
achieved by providers with foster care rates set by the department.
(2) Commencing January 1, 2017, and at least annually after that
date, the department shall publish and make available on a public
Internet Web site, short-term residential treatment center and foster
family agency provider performance indicators.
(f) (1) Recommendations developed pursuant to this section shall
include the plan required under subdivision (d) of Section 18987.7.
Updates regarding the workgroup's establishment and its progress
toward meeting the requirements of this section shall be provided to
the Legislature during 2012-13 and 2013-14 budget hearings. The
revisions recommended pursuant to the requirements of subdivision (b)
shall be submitted in a report to the appropriate policy and fiscal
committees of the Legislature by October 1, 2014.
(2) The requirement for submitting a report pursuant to this
subdivision is inoperative on October 1, 2018, pursuant to Section
10231.5 of the Government Code.
(g) The department shall retain the authority to extend the
workgroup after October 1, 2014, to ensure that the objectives of
this section are met and to reconvene this workgroup as necessary to
address any future recommended changes to the continuum of AFDC-FC
eligible placement settings pursuant to this
section.
SEC. 51. Section 11462 of the Welfare
and Institutions Code is amended to read:
11462. (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
(3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home program
on a biennial basis. Submission of the biennial rate application
shall be made according to a schedule determined by the department.
(B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary for
the immediate preservation of the public peace, health and safety,
or general welfare, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement to describe specific facts showing the need for immediate
action.
(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.
(c) The rate for each RCL has been determined by the department
with data from the AFDC-FC Group Home Rate Classification Pilot
Study. The rates effective July 1, 1990, were developed using 1985
calendar year costs and reflect adjustments to the costs for each
fiscal year, starting with the 1986-87 fiscal year, by the amount of
the California Necessities Index computed pursuant to the methodology
described in Section 11453. The data obtained by the department
using 1985 calendar year costs shall be updated and revised by
January 1, 1993.
(d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
(e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
(1) (A) (i) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate. The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL. The program audit shall
not cover the first six months of operation under the provisional
rate.
(ii) For audit purposes, if the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of AFDC-FC
eligible children to all children in placement.
(iii) Pending the department's issuance of the program audit
report that determines the RCL for the group home program, the group
home program shall be eligible to receive a provisional rate that
shall be based on the level of care and service that the group home
program proposes it will provide. The group home program shall be
eligible to receive only the RCL determined by the department during
the pendency of any appeal of the department's RCL determination.
(B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
(C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner. Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination. The department may
refuse to consider, for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the fieldwork portion of the
department's program audit:
(i) Records of each employee's full name, home address,
occupation, and social security number.
(ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
(iii) Total wages paid each payroll period.
(iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations that
are relevant to the RCL determination.
(D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report. When
the group home provider requests a hearing on the department's RCL
determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision. Notwithstanding the reapplication provisions in
subparagraph (B), the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
(E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue the
proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
(f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years is:
FY 2002-03,
2003-04, 2004-
05, 2005-06,
2006-07, and
2007-08
Rate Classification Point ranges Standard Rate
Level
1 Under 60 $1,454
2 60-89 1,835
3 90-119 2,210
4 120-149 2,589
5 150-179 2,966
6 180-209 3,344
7 210-239 3,723
8 240-269 4,102
9 270-299 4,479
10 300-329 4,858
11 330-359 5,234
12 360-389 5,613
13 390-419 5,994
14 420 & Up 6,371
(2) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years, the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
Adjusted Point Ranges
for the 2002-03, 2003-04,
Rate 2004-05, 2005-06, 2006-07,
Classification 2007-08, 2008-09, and 2009-
Level 10 Fiscal Years
1 Under 54
2 54-81
3 82-110
4 111-138
5 139-167
6 168-195
7 196-224
8 225-253
9 254-281
10 282-310
11 311-338
12 339-367
13 368-395
14 396 & Up
(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations, as contained in Title 22 of the California Code of
Regulations.
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(D) Rates applicable for the 2009-10 fiscal year pursuant to the
act that adds this subparagraph shall be effective October 1, 2009.
(3) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2009-10 fiscal year the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
Rate Adjusted Point Ranges
Classification for the 2009-10
Level Fiscal Years
1 Under 39
2 39-64
3 65-90
4 91-115
5 116-141
6 142-167
7 168-192
8 193-218
9 219-244
10 245-270
11 271-295
12 296-321
13 322-347
14 348 & Up
(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2009-10 fiscal year shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations as contained in Title 22 of the California Code of
Regulations.
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453. The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B).
(B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized schedule of
rates.
(2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the new
standardized schedule of rates.
(3) Effective January 1, 2001, the amount included in the standard
rate for each Rate Classification Level (RCL) for the salaries,
wages, and benefits for staff providing child care and supervision or
performing social work activities, or both, shall be increased by 10
percent. This additional funding shall be used by group home
programs solely to supplement staffing, salaries, wages, and benefit
levels of staff specified in this paragraph. The standard rate for
each RCL shall be recomputed using this adjusted amount and the
resultant rates shall constitute the new standardized schedule of
rates. The department may require a group home receiving this
additional funding to certify that the funding was utilized in
accordance with the provisions of this section.
(4) Effective January 1, 2008, the amount included in the standard
rate for each RCL for the wages for staff providing child care and
supervision or performing social work activities, or both, shall be
increased by 5 percent, and the amount included for the payroll taxes
and other employer-paid benefits for these staff shall be increased
from 20.325 percent to 24 percent. The standard rate for each RCL
shall be recomputed using these adjusted amounts, and the resulting
rates shall constitute the new standardized schedule of rates.
(5) The new standardized schedule of rates as provided for in
paragraph (4) shall be reduced by 10 percent, effective October 1,
2009, and the resulting rates shall constitute the new standardized
schedule of rates.
(6) The rates of licensed group home providers, whose rates are
not established under the standardized schedule of rates, shall be
reduced by 10 percent, effective October 1, 2009.
(h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
(1) Any group home program that received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
(2) Any group home program that received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
(i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program at
a new location of an existing provider, unless the provider submits a
letter of recommendation from the host county, the primary placing
county, or a regional consortium of counties that includes all of the
following:
(A) That the program is needed by that county.
(B) That the provider is capable of effectively and efficiently
operating the program.
(C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency to
need the level of care and services that will be provided by the
program.
(D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification and
to discuss options with the primary placing county.
(2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
(3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
(k) For the purpose of this subdivision, "program change" means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
(l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
(m) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04.
(2) This section is repealed as of January 1, 2018, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.
SEC. 52. Section 11462 is added to the
Welfare and Institutions Code , to read:
11462. (a) The department shall commence development of a new
payment structure for short-term residential treatment center program
placements claiming Title IV-E funding.
(b) The department shall develop a rate system that includes
consideration of all of the following factors:
(1) Core services provided that encompass community service and
supports, permanency-related services, medical and mental health
support and access to services, educational support, life and social
support, transitional support services upon discharge, biological
parent and resource family supports, and services for nonminor
dependents.
(2) Staff training.
(3) Health and Safety Code requirements.
(4) Accreditation that includes:
(A) Provision for all licensed foster family agencies to maintain
in good standing accreditation from a nationally recognized
accreditation agency with expertise in programs for youth group care
facilities, as determined by the department.
(B) Promulgation by the department of information identifying that
agency or agencies from which accreditation shall be required.
(C) Provision for timely reporting to the department of any change
in accreditation status.
(5) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.
(6) Maximization of federal financial participation under Title
IV-E and Title XIX of the Social Security Act.
(c) The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal, and
health and safety audits and reviews.
(d) This section shall become operative on January 1, 2017.
SEC. 53. Section 11462.01 of the
Welfare and Institutions Code is amended to read:
11462.01. (a) Commencing July 1, 1994, a group home program shall
be classified at RCL 13 or RCL 14 if the program meets all of the
following requirements:
(1) The group home program is providing, or has proposed to
provide, the level of care and services necessary to generate
sufficient points in the ratesetting process to be classified at RCL
13 if the rate application is for RCL 13 or to be classified at RCL
14 if the rate application is for RCL 14.
(2) (A) (i) The group home provider shall agree not to accept for
placement into a group home program AFDC-FC funded children,
including voluntary placements and seriously emotionally disturbed
children placed out-of-home pursuant to an individualized education
program developed under Section 7572.5 of the Government Code, who
have not been approved for placement by an interagency placement
committee, as described by Section 4096. The approval shall be in
writing and shall indicate that the interagency placement committee
has determined the child is seriously emotionally disturbed, as
defined by Section 5600.3 and subject to Section 1502.4 of the Health
and Safety Code, and that the child needs the level of care provided
by the group home.
(ii) For purposes of clause (i), group home providers who accept
seriously emotionally disturbed children who are assessed and placed
out-of-home pursuant to an individualized education program developed
under Section 7572.5 of the Government Code shall be deemed to have
met the interagency placement committee approval for placement
requirements of clause (i) if the individualized education program
assessment indicates that the child has been determined to be
seriously emotionally disturbed, as defined in Section 5600.3 and
subject to Section 1502.4 of the Health and Safety Code, and needs
the level of care described in clause (i).
(B) (i) Nothing in this subdivision shall prevent the emergency
placement of a child into a group home program prior to the
determination by the interagency placement committee pursuant to
subclause (i) of subparagraph (A) if a licensed mental health
professional, as defined in the department's AFDC-FC ratesetting
regulations, has evaluated, in writing, the child within 72 hours of
placement, and determined the child to be seriously emotionally
disturbed and in need of the care and services provided by the group
home program.
(ii) The interagency placement committee shall, within 30 days of
placement pursuant to clause (i), make the determination required by
clause (i) of subparagraph (A).
(iii) If, pursuant to clause (ii), the placement is determined to
be appropriate, the committee shall transmit the approval, in
writing, to the county placing agency and the group home provider.
(iv) If, pursuant to clause (ii) the placement is determined not
to be appropriate, the child shall be removed from the group home and
referred to a more appropriate placement, as specified in
subdivision (f).
(C) Commencing December 15, 1992, with respect to AFDC-FC funded
children, only those children who are approved for placement by an
interagency placement committee may be accepted by a group home under
this subdivision.
(3) The group home program is certified by the State Department of
Health Care Services pursuant to Section 4096.5.
(b) The
department shall not establish a rate for a group home requesting a
program change to RCL 13 or RCL 14 unless the group home provider
submits a recommendation from the host county or the primary placing
county that the program is needed and that the provider is willing
and capable of operating the program at the level sought. For
purposes of this subdivision, "host county," "primary placing county,"
and "program change" mean the same as defined in the department's
AFDC-FC ratesetting regulations.
(c) The effective date of rates set at RCL 13 or RCL 14 shall be
the date that all the requirements are met, but not prior to July 1
of that fiscal year. Nothing in this section shall affect RCL 13 or
RCL 14 ratesetting determinations in prior years.
(d) Any group home program that has been classified at RCL 13 or
RCL 14 pursuant to the requirements of subdivision (a) shall be
reclassified at the appropriate lower RCL with a commensurate
reduction in rate if either of the following occurs:
(1) The group home program fails to maintain the level of care and
services necessary to generate the necessary number of points for
RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a).
The determination of points shall be made consistent with the
department's AFDC-FC ratesetting regulations for other rate
classification levels.
(2) The group home program fails to maintain a certified mental
health treatment program as required by paragraph (3) of subdivision
(a).
(3) In the event of a determination under paragraph (1), the group
home may appeal the finding or submit a corrective action plan. The
appeal process specified in Section 11466.6 shall be available to RCL
13 and RCL 14 group home providers. During any appeal, the group
home shall maintain the appropriate level of care.
(e) The interagency placement committee shall periodically review,
but no less often than that required by current law, the placement
of the child. If the committee determines that the child no longer
needs, or is not benefiting from, placement in a RCL 13 or RCL 14
group home, the committee shall require the removal of the child and
a new disposition.
(f) (1) (A) If, at any time subsequent to placement in an RCL 13
or RCL 14 group home program, the interagency placement committee
determines either that the child is not seriously emotionally
disturbed or is not in need of the care and services provided by the
group home program, it shall notify, in writing, both the county
placing agency and the group home provider within 10 days of the
determination.
(B) The county placing agency shall notify the group home
provider, in writing, within five days from the date of the notice
from the committee, of the county's plan for removal of the child.
(C) The county placing agency shall remove the child from the
group home program within 30 days from the date of the notice from
the interagency placement committee.
(2) (A) If a county placing agency does not remove a child within
30 days from the date of the notice from the interagency placement
committee, the group home provider shall notify the interagency
placement committee and the department, in writing, of the county's
failure to remove the child from the group home program.
(B) The group home provider shall make the notification required
by subparagraph (A) within five days of the expiration of the 30-day
removal period. If notification is made, a group home provider shall
not be subject to an overpayment determination due to failure of the
county placing agency to remove the child.
(3) Any county placing agency that fails to remove a child from a
group home program under this paragraph within 30 days from the date
of the notice from the interagency placement committee shall be
assessed a penalty in the amount of the state and federal financial
participation in the AFDC-FC rate paid on behalf of the child
commencing on the 31st day and continuing until the child is removed.
(g) (1) If any RCL 13 or RCL 14 group home provider discovers that
it does not have written approval for placement of any AFDC-FC
funded child placed on or after December 15, 1992, from the
interagency placement committee, it shall notify the county placing
agency, in writing, and shall request the county to obtain approval
from the interagency placement committee or remove the child from the
group home program. A group home provider shall have 30 days from
the child's first day of placement to discover the placement error
and to notify the county placing agency.
(2) Any county placing agency that receives notification pursuant
to paragraph (2) of subdivision (f) shall obtain approval for
placement from the interagency placement committee or remove the
child from the group home program within 30 days from the date of the
notice from the group home provider. The program shall not be
reclassified to a lower RCL for a violation of the provisions
referred to in this paragraph.
(3) (A) If a county placing agency does not have the placement of
a child approved by the interagency placement committee or removed
from the group home within 30 days from the date of the notice from
the group home provider, the group home provider shall notify the
county placing agency and the department, in writing, of the county's
failure to have the placement of the child approved or remove the
child from the group home program.
(B) The group home provider shall make the notification required
by subparagraph (A) within five days after the expiration of the
30-day approval or removal period. If notification is made, a group
home provider shall not be subject to an overpayment determination
due to failure of the county placing agency to remove the child.
(C) Any group home provider that fails to notify the county
placing agency pursuant to subparagraph (A) shall be assessed a
penalty in the amount of the AFDC-FC rate paid to the group home
provider on behalf of the child commencing on the 31st day of
placement and continuing until the county placing agency is notified.
(4) Any county placing agency that fails to have the placement of
a child approved or to have the child removed from the group home
program within 30 days shall be assessed a penalty in the amount of
the state and federal financial participation in the AFDC-FC rate
paid on behalf of the child commencing on the 31st day of placement
and continuing until the child is removed.
(h) The department shall develop regulations to obtain payment of
assessed penalties as provided in this section. For audit purposes
and the application of penalties for RCL 13 and RCL 14 programs, the
department shall apply statutory provisions that were in effect
during the period for which the audit was conducted.
(i) (1) Nothing in this subparagraph shall prohibit a group home
classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program,
from accepting private placements of children.
(2) In cases where When a referral
is not from a public agency and no public funding is involved, there
shall be no requirement for public agency review or determination of
need.
(3) Children subject to paragraphs (1) and (2) shall have been
assessed as seriously emotionally disturbed, as defined in Section
5600.3 and subject to Section 1502.4 of the Health and Safety Code,
by a licensed mental health professional, as defined in Sections 629
to 633, inclusive, of Title 9 of the California Code of Regulations.
(j) A child shall not be placed in a group home program classified
at an RCL 13 or RCL 14 if the placement is paid for with county-only
funds unless the child is assessed as seriously emotionally
disturbed, as defined in Section 5600.3, subject to Section 1502.4 of
the Health and Safety Code, by a licensed mental health
professional, as defined in Sections 629 to 633, inclusive, of Title
9 of the California Code of Regulations.
(k) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04.
(2) This section is repealed as of January 1, 2018, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.
SEC. 54. Section 11462.01 is added to the
Welfare and Institutions Code , to read:
11462.01. (a) All short-term residential treatment centers, and
foster family agencies that provide treatment services, shall
maintain in good standing the appropriate mental health certification
issued by the State Department of Health Care Services or a county
to which the department has delegated certification authority
pursuant to Section 4096.5, and additionally shall meet all of the
following requirements:
(1) Maintain the level of care and services necessary to meet the
needs of the children in care.
(2) Agree not to accept for placement AFDC-FC funded children,
including voluntary placements and seriously emotionally disturbed
children placed out-of-home pursuant to an individualized education
program developed under Section 7572.5 of the Government Code, who
have not been approved in writing for placement by the child and
family team or the interagency placement committee, as described in
Section 4096.
(A) The written approval shall indicate both of the following:
(i) The child is seriously emotionally disturbed, as defined by
Section 5600.3 and subject to Section 1502.4 of the Health and Safety
Code.
(ii) The child needs the level of care provided by the short-term
residential treatment center or foster family agency that provides
treatment services.
(B) Seriously emotionally disturbed children who are assessed and
placed out-of-home pursuant to an individualized education program
developed under Chapter 26.5 (commencing with Section 7570) of
Division 7 of Title 1 of the Government Code shall be deemed to have
met the placement requirements of clause (i) of subparagraph (A) only
if the individualized education program assessment indicates that
the child has been determined to be seriously emotionally disturbed,
as defined in Section 5600.3 and subject to Section 1502.4 of the
Health and Safety Code, and needs the level of care described in
subparagraph (A).
(C) Nothing in this subdivision shall prevent an emergency
placement of a child into a short-term residential treatment center
or foster family agency that provides treatment services prior to the
determination by the child and family team or interagency placement
committee, as applicable, pursuant to subparagraph (A), but only if a
licensed mental health professional, as defined in the department's
AFDC-FC ratesetting regulations, has made a written determination
within 72 hours of the child's placement, that the child is seriously
emotionally disturbed and is in need of the care and services
provided by the short-term residential treatment center or foster
family agency that provides treatment services.
(D) (i) The child and family team or interagency placement
committee, as appropriate, shall, within 30 days of placement, make
the determinations required by subparagraph (A).
(ii) If it determines the placement is appropriate, the child and
family team or interagency placement committee, as appropriate, shall
transmit the approval, in writing, to the county placing agency and
the short-term residential treatment center or foster family agency
that provides treatment services.
(iii) If it determines the placement is not appropriate, the child
and family team or interagency placement committee, as appropriate,
shall transmit the disapproval, in writing, to the county placing
agency and the short-term residential treatment center or foster
family agency that provides treatment services, and the child shall
be referred to an appropriate placement, as specified in subdivision
(f).
(E) Commencing January 1, 2017, for AFDC-FC funded children, only
those children who are approved for placement by the child and family
team or interagency placement committee, as appropriate, may be
accepted by a short-term residential treatment center or foster
family agency that provides treatment services.
(F) The department shall, through regulation, establish
consequences for the failure of a short-term residential treatment
center, or a foster family agency that provides treatment services,
to obtain written approval for placement of an AFDC-FC funded child
from the child and family team or interagency placement committee.
(3) The short-term residential treatment center, or foster family
agency that provides treatment services, shall be certified by the
State Department of Health Care Services or a county to which the
department has delegated certification authority pursuant to Section
4096.5.
(b) The department shall not establish a rate for a short-term
residential treatment center or foster family agency that provides
intensive and therapeutic treatment unless the provider submits a
recommendation from the host county or the primary placing county
that the program is needed and that the provider is willing and
capable of operating the program at the level sought. For purposes of
this subdivision, "host county," and "primary placing county," mean
the same as defined in the department's AFDC-FC ratesetting
regulations.
(c) The effective date of rates set for a short-term residential
treatment center or foster family agency that provides intensive and
therapeutic treatment shall be the date that all the requirements are
met.
(d) Any short-term residential treatment center or foster family
agency that provides intensive and therapeutic treatment pursuant to
subdivision (a) shall be reclassified and paid at the appropriate
program rate for which it is qualified if either of the following
occurs:
(1) (A) It fails to maintain the level of care and services
necessary to meet the needs of the children in care, as required by
paragraph (1) of subdivision (a). The determination shall be made
consistent with the department's AFDC-FC ratesetting regulations
developed pursuant to Sections 11462 and 11463 and shall take into
consideration the highest level of care and associated rates for
which the program is eligible.
(B) In the event of a determination under this paragraph, the
short-term residential treatment center or foster family agency that
provides intensive and therapeutic treatment may appeal the finding
or submit a corrective action plan. The appeal process specified in
Section 11466.6 shall be available to a short-term residential
treatment center or foster family agency that provides intensive and
therapeutic treatment. During any appeal, the short-term residential
treatment center or foster family agency that provides intensive and
therapeutic treatment shall maintain the appropriate level of care.
(2) It fails to maintain a certified mental health treatment
program as required by paragraph (3) of subdivision (a).
(e) In addition to any other review required by law, the child and
family team referenced in Sections 831 and 16501 shall periodically
review the placement of the child. If the child and family team
determines that the child no longer needs, or is not benefiting from,
placement in a short-term residential treatment center or foster
family agency that provides intensive and therapeutic treatment, the
team shall transmit the disapproval, in writing, to the county
placing agency and the short-term residential treatment center or
foster family agency that provides intensive and therapeutic
treatment, and the child shall be referred to an appropriate
placement.
(f) The department shall develop a process to address placements
when, subsequent to the child's placement, a determination is made by
the interagency placement team or the child and family team, either
that the child is not seriously emotionally disturbed or is not in
need of the care and services provided by the certified program. The
process shall include, but not be limited to:
(1) Notice of the determination in writing to both the county
placing agency and the short-term residential treatment center or
foster family agency that provides intensive and therapeutic
treatment.
(2) Notice of the county's plan, and a time frame, for removal of
the child in writing to the short-term residential treatment center
or foster family agency that provides intensive and therapeutic
treatment.
(3) Referral to an appropriate placement.
(4) Actions to be taken if a child is not timely removed from the
short-term residential treatment center or foster family agency that
provides intensive and therapeutic treatment or placed in an
appropriate placement.
(g) (1) Nothing in this section shall prohibit a short-term
residential treatment center or foster family agency that provides
intensive and therapeutic treatment for purposes of the AFDC-FC
program, from accepting private placements of children.
(2) When a referral is not from a public agency and no public
funding is involved, there is no requirement for public agency review
nor determination of need.
(3) Children subject to paragraphs (1) and (2) shall have been
determined to be seriously emotionally disturbed, as defined in
Section 5600.3 and subject to Section 1502.4 of the Health and Safety
Code, by a licensed mental health professional.
SEC. 55. Section 11462.02 of the
Welfare and Institutions Code is amended to read:
11462.02. (a) Notwithstanding paragraph (2)
of subdivision (a) of Section 11462, a foster care provider licensed
as a group home may also have a rate established if the group home
is operated by the County of San Mateo, as provided by subdivision
(h) of Section 11400.
(b) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04.
(2) This section is repealed as of January 1, 2018, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.
SEC. 56. Section 11462.02 is added to the
Welfare and Institutions Code , to read:
11462.02. (a) Any existing county-operated foster family agency
or group home, including the group home operated by the County of San
Mateo, shall, commencing January 1, 2017, be classified as, and
shall meet all of the requirements of, a foster family agency or a
short-term residential treatment center, as set forth respectively in
subdivisions (e) and (f) of Section 11402, to be eligible to receive
AFDC-FC funds.
(b) Notwithstanding any other law, the State Department of Social
Services may license a county as a foster family agency or as a
short-term residential treatment center.
(c) If a county exercises its option to operate a foster family
agency or a short-term residential treatment center, the county shall
submit an application and shall comply with the requirements of
Chapter 3 (commencing with Section 1500) of Division 2 of the Health
and Safety Code related to a foster family agency programs or
short-term residential treatment center, as applicable.
(d) A county that requests, and is granted, a license for a foster
family agency or short-term residential treatment center shall apply
for an AFDC-FC rate pursuant to Section 11463 or 11462, as
applicable.
(e) As a condition for eligibility for an AFDC-FC rate for a
short-term residential treatment center or a foster family agency,
the county shall comply with all applicable law concerning a
short-term residential treatment center or foster family agency,
including, but not limited to, the following provisions related to
licensing, rate, audit, due process, enforcement, and overpayment
collection:
(1) Chapter 3 (commencing with Section 1500) of Division 2 of the
Health and Safety Code.
(2) Article 10 (commencing with Section 360) of Chapter 2 of Part
1 of Division 2 of this code.
(3) Article 18 (commencing with Section 725) of Chapter 2 of Part
1 of Division 2 of this code.
(4) Article 22 (commencing with Section 825) of Chapter 2 of Part
1 of Division 2 of this code.
(5) Article 5 (commencing with Section 11400) of Chapter 2 of Part
3 of Division 9 of this code.
(6) Article 6 (commencing with Section 11450) of Chapter 2 of Part
3 of Division 9 of this code.
(f) The state is not obligated under Section 36 of Article XIII of
the California Constitution to provide any annual funding to a
county to comply with this section; with any regulation, executive
order, or administrative order implementing this section; or with any
federal statute or regulation related to this section, because the
county's operation of a licensed short-term residential treatment
center or foster family agency is optional for the county and is not
required by this section.
(g) Counties licensed to operate a foster family agency or
short-term residential treatment center shall, as a condition to
receiving payment, ensure that its conflict of interest mitigation
plan, submitted to the department pursuant to subdivision (b) of
Section 1506.1 and subdivision (c) of Section 1562.01 of the Health
and Safety Code, addresses, but is not limited to, the following:
(1) A decision to place children in a county-operated facility
when alternative appropriate placement options exist.
(2) The reporting by county staff to the department or other
agencies of observed noncompliant conditions or health and safety
concerns in county-operated foster family agencies or short-term
residential treatment centers.
(3) The cross-reporting of reports received from mandatory child
abuse and neglect reporters involving county-operated foster family
agencies and short-term residential treatment center programs.
(4) Disclosures of fatalities and near fatalities of children
placed in county-operated foster family agencies and short-term
residential treatment centers.
SEC. 57. Section 11462.04 of the
Welfare and Institutions Code is amended to read:
11462.04. (a) Notwithstanding any other law, no new group home
rate or change to an existing rate shall be established pursuant to
Section 11462. An application shall not be accepted or processed for
any of the following:
(1) A new program.
(2) A new provider.
(3) A program change, such as a rate classification level (RCL)
increase.
(4) A program capacity increase.
(5) A program reinstatement.
(b) Notwithstanding subdivision (a), the department may grant
exceptions as appropriate on a case-by-case basis, based upon a
written request and supporting documentation provided by county
placing agencies, including county welfare or probation directors.
(c) (1) For the 2012-13, 2013-14, and
2014-15 fiscal years, notwithstanding subdivision (b), for any
program below RCL 10, the only exception that may be sought and
granted pursuant to this section is for an application requesting a
program change, such as an RCL increase. The authority to grant other
exceptions does not apply to programs below RCL 10 during these
fiscal years.
(2) Notwithstanding paragraph (1), commencing January 1, 2017, no
exception shall be granted for any program below RCL 10.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 58. Section 11462.04 is added to the
Welfare and Institutions Code , to read:
11462.04. (a) Notwithstanding any other law, commencing January
1, 2017, no new group home rate or change to an existing rate shall
be established pursuant to the Rate Classification Level (RCL)
system.
(b) Notwithstanding subdivision (a), the department may grant an
exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county placing
agency, including a county welfare or probation director, that
absent the granting of that exception, there is a material risk to
the welfare of children due to an inadequate supply of appropriate
alternative placement options to meet the needs of children.
(c) For group homes being paid under the RCL system, and those
granted an exception pursuant to paragraph (b), group
home rates shall terminate on December 31,
2016, unless granted an extension under the exception process in
subdivision (d).
(d) A group home may request an exception to extend its rate as
follows:
(1) The department may grant an extension for up to one year,
through December 31, 2017, on a case-by-case basis, when a written
request and supporting documentation are provided by a county placing
agency, including a county welfare or probation director, that
absent the granting of that exception, there is a material risk to
the welfare of children due to an inadequate supply of appropriate
alternative placement options to meet the needs of children. The
exception may include time to meet the program accreditation
requirement or the mental health certification requirement.
(2) The exception shall allow the provider to continue to receive
the rate under the prior ratesetting system.
(e) Upon termination of an existing group home rate under the RCL
system, a new rate shall not be paid until an application is approved
and a rate is granted by the department pursuant to Section 11462 as
a short-term residential treatment center or pursuant to Section
11463 as a foster family agency.
(f) The department shall, in the development of the new rate
structures, consider and provide for placement of all children who
are displaced as a result of reclassification of treatment
facilities.
(g) This section shall become inoperative on January 1, 2017.
SEC. 59. Section 11463 of the Welfare
and Institutions Code is amended to read:
11463. (a) (1) The department, with the advice, assistance, and
cooperation of the counties and foster care providers, shall develop,
implement, and maintain a ratesetting system for foster family
agencies.
(2) No county shall be reimbursed for any percentage increases in
payments, made on behalf of AFDC-FC funded children who are placed
with foster family agencies, that exceed the percentage
cost-of-living increase provided in any fiscal year beginning on
January 1, 1990, as specified in subdivision (c) of Section 11461.
(b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care. A distinction, for ratesetting purposes, shall be drawn between
foster family agencies that provide treatment of children in foster
families and those that provide nontreatment services.
(c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions about
the setting of an agency's rate.
(d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the department'
s regulations, for foster family agencies shall be increased by 6
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
(e) (1) On and after July 1, 1999, the schedule of rates and the
components used in the rate calculations specified in the department'
s regulations for foster family agencies shall be adjusted by an
amount equal to the California Necessities Index computed pursuant to
Section 11453, rounded to the nearest dollar, subject to the
availability of funds. The resultant amounts shall constitute the new
schedule of rates for foster family agencies, subject to further
adjustment pursuant to paragraph (2).
(2) In addition to the adjustment specified in paragraph (1),
commencing January 1, 2000, the schedule of rates and the components
used in the rate calculations specified in the department's
regulations for foster family agencies shall be increased by 2.36
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
(f) For the 1999-2000 fiscal year, foster family agency rates that
are not determined by the schedule of rates set forth in the
department's regulations, shall be increased by the same percentage
as provided in subdivision (e).
(g) (1) For the 2000-01 fiscal year and each fiscal year
thereafter, the foster family agency rate shall be supplemented by
one hundred dollars ($100) for clothing per year per child in care,
subject to the availability of funds. The supplemental payment shall
be used to supplement, and shall not be used to supplant, any
clothing allowance paid in addition to the foster family agency rate.
(2) Notwithstanding paragraph (1), commencing with the 2012-13
fiscal year, and each fiscal year thereafter, no supplemental
clothing allowance shall be provided, because the rate issued in
accordance with paragraph (1) of subdivision (m) takes the cost of
clothing into account.
(h) In addition to the adjustment made pursuant to subdivision
(e), the component for social work activities in the rate calculation
specified in the department's regulations for foster family agencies
shall be increased by 10 percent, effective January 1, 2001. This
additional funding shall be used by foster family agencies solely to
supplement staffing, salaries, wages, and benefit levels of staff
performing social work activities. The schedule of rates shall be
recomputed using the adjusted amount for social work activities. The
resultant amounts shall constitute the new schedule of rates for
foster family agencies. The department may require a foster family
agency receiving this additional funding to certify that the funding
was utilized in accordance with the provisions of this section.
(i) The increased rate provided by subparagraph (C) of paragraph
(1) of subdivision (d) of Section 11461 shall not be used to compute
the monthly amount that may be paid to licensed foster family
agencies for the placement of children in certified foster homes.
(j) The total foster family agency rate by age group in effect as
of January 1, 2008, paid to licensed foster family agencies for the
placement of children in certified foster family homes, shall be
reduced by 10 percent, effective October 1, 2009. The foster family
agency shall have flexibility in applying the reduction, however,
nothing shall be deducted from the child base rate, as defined in
departmental regulations. When the rate is restored to at least the
rate in effect on September 1, 2009, the director shall issue the
declaration described in Section 1506.3 of the Health and Safety
Code.
(k) Effective October 1, 2009, the total foster family agency rate
by age group, in effect for those agency rates that are not
determined by the schedule of rates set forth in the department's
regulations, shall be reduced by the same percentage and in the same
manner as provided for in subdivision (j).
(l) (1) The department shall determine, consistent with the
requirements of this section and other relevant requirements under
law, the rate category for each foster family agency on a biennial
basis. Submission of the biennial rate application shall be according
to a schedule determined by the department.
(2) The department shall adopt regulations to implement this
subdivision. The adoption, amendment, repeal, or readoption of a
regulation authorized by this subdivision is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby exempted
from the requirement to describe specific facts showing the need for
immediate action.
(m) (1) On and after July 1, 2012, the basic rate payment that
shall be made to the certified parent pursuant to this section for
care and supervision of a child who is living in a certified home of
a foster family agency, as defined in Section 11400, shall equal the
basic rate for children based in a licensed or approved home, as
specified in paragraph (1) of subdivision (g) of Section 11461.
(2) The basic rate payment to the certified parent made pursuant
to paragraph (1) shall be adjusted annually on July 1, by the annual
percentage change in the California Necessities Index, in accordance
with paragraph (2) of subdivision (g) of Section 11461. The
adjustment in this paragraph shall be in lieu of any adjustment
pursuant to subdivision (e).
(n) Notwithstanding any other law, the changes to the basic rate
payment specified in subdivision (m) shall not change the remaining
components of the foster family agency rate. The new foster family
agency rate shall be increased only by the amounts specified pursuant
to subdivision (m). The resulting amounts shall constitute the new
schedule of rates for foster family agencies, which shall be issued
by all-county letters or similar instructions from the department.
(o) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
(p) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement, interpret, or make specific the changes
to this section made by the act that added this section, and amend
and repeal regulations and orders subject to this section and adopted
by the department by means of all-county letters or similar
instructions from the department until regulations are adopted. The
department shall adopt emergency regulations no later than July 1,
2014. The department may readopt any emergency regulation authorized
by this section that is the same as, or substantially equivalent to,
an emergency regulation previously adopted under this section.
(2) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
(q) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04 or to a foster family agency that has been granted an
extension pursuant to the exception process described in subdivision
(d) of Section 11463.1.
(2) This section is repealed as of January 1, 2018, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.
SEC. 60. Section 11463 is added to the
Welfare and Institutions Code , to read:
11463. (a) The department shall commence development of a new
payment structure for the Title IV-E funded foster family agency
placement option that maximizes federal funding.
(b) The department shall develop a payment system for foster
family agencies that provide nontreatment, treatment, intensive
treatment, and therapeutic foster care programs, and shall consider
all of the following factors:
(1) Administrative activities that are eligible for federal
financial participation provided, at county request, for and to
licensed and approved family homes, such as placement of a child,
case management and supervision, and recruitment and monitoring of
family homes.
(2) Social work activities that are eligible for federal financial
participation under Title IV-E of the Social Security Act.
(3) Social work and mental health services eligible for federal
financial participation under Title XIX of the Social Security Act.
(4) Intensive treatment or therapeutic services in the foster
family agency.
(5) Core services provided that encompass community services and
supports, permanency-related services, medical and mental health
support and access to services, educational support, life and social
support, transitional support services upon discharge, biological
parent and resource family supports, and services for nonminor
dependents.
(6) Staff training.
(7) Health and Safety Code requirements.
(8) A process for accreditation that includes all of the
following:
(A) Provision for all licensed foster family agencies to maintain
in good standing accreditation from a nationally recognized
accreditation agency with expertise in programs for youth group care
facilities, as determined by the department.
(B) Promulgation by the department of information identifying the
agency or agencies from which accreditation shall be required.
(C) Provision for timely reporting to the department of any change
in accreditation status.
(9) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.
(10) Populations served, including, but not limited to, any of the
following:
(A) Seriously emotionally disturbed children placed out-of-home
pursuant to an individualized education program developed under
Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1
of the Government Code.
(B) AFDC-FC children receiving intensive and therapeutic treatment
services in a foster family agency.
(C) AFDC-FC children receiving mental health treatment services
from a group home.
(11) Maximization of federal financial participation for Title
IV-E and Title XIX of the Social Security Act.
(c) The department shall develop a system of governmental
monitoring and oversight that shall be carried out in coordination
with the State Department of Health Care Services. Oversight
responsibilities shall include, but not be limited to, ensuring
conformity with federal and state law, including program, fiscal, and
health and safety reviews.
(d) The department shall consider the impact on youth being
transitioned to alternate programs as a result of the new ratesetting
system.
(e) This section shall become operative on January 1, 2017.
SEC. 61. Section 11463.1 is added to the
Welfare and Institutions Code , to read:
11463.1. (a) Notwithstanding any other law, commencing January 1,
2017, no new foster family agency shall be established pursuant to
the rate in effect through December 31, 2016.
(b) Notwithstanding subdivision (a), the department may grant an
exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county placing
agency, including a county welfare or probation director, that
absent the granting of that exception, there is a material risk to
the welfare of children due to an inadequate supply of appropriate
alternative placement options to meet the needs of children.
(c) Rates for foster family agencies paid under the prior rate
system, and those granted an exception pursuant to subdivision (b),
shall terminate on December 31, 2016, unless granted an extension
under the exception process in subdivision (d).
(d) A foster family agency may request an exception to extend its
rate as follows:
(1) The department may grant an extension for up to one year,
through December 31, 2017, on a case-by-case basis, when a written
request and supporting documentation are provided by a county placing
agency, including a county welfare or probation director, that
absent the granting of that exception, there is a material risk to
the welfare of children due to an inadequate supply of appropriate
alternative placement options to meet the needs of children. The
exception may include time to meet the accreditation requirement or
the mental health certification requirement.
(2) The exception shall allow the provider to continue to receive
the rate under the prior ratesetting system.
(e) Upon termination of an existing foster family agency rate
under the prior rate system, a new rate shall not be paid until an
application is approved and a rate is granted by the department
pursuant to Section 11463 as a foster family agency or Section 11462
as a short-term residential treatment center.
(f) The department shall, in the development of the new rate
structures, consider and provide for placement of all children who
are displaced as a result of reclassification of treatment
facilities.
(g) (1) This section shall become inoperative on January 1, 2017,
except that this section shall continue to apply, until January 1,
2018, to a group home that has been granted an extension pursuant to
the exception process described in subdivision (d) of Section
11462.04 or to a foster family agency that has been granted an
extension pursuant to the exception process described in subdivision
(d) of Section 11463.1.
(2) This section is repealed as of January 1, 2018, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.
SEC. 62. Section 11465 of the Welfare
and Institutions Code is amended to read:
11465. (a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf
of the parent shall include an amount for care and supervision of the
child.
(b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.
(c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 6 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(2) (A) On and after July 1, 1999, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be adjusted by an amount equal to the California Necessities
Index computed pursuant to Section 11453, rounded to the nearest
dollar. The resultant amounts shall constitute the new uniform rate,
subject to further adjustment pursuant to subparagraph (B).
(B) In addition to the adjustment specified in subparagraph (A),
on and after January 1, 2000, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(3) Subject to the availability of funds, for the 2000-01 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.
(4) On and after January 1, 2008, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 5 percent, rounded to the nearest dollar. The
resulting amount shall constitute the new uniform rate.
(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
payment made pursuant to this section for care and supervision of a
child who is living with a teen parent in a whole family foster home,
as defined in Section 11400, shall equal the basic rate for children
placed in a licensed or approved home as specified in subdivisions
(a) to (d), inclusive, and subdivision (g), of Section 11461.
(2) (A) The amount paid for care and
supervision of a dependent infant living with a dependent teen parent
receiving AFDC-FC benefits in a group home placement shall equal the
infant supplement rate for group home placements.
(B) Commencing January 1, 2017, the amount paid for care and
supervision of a dependent infant living with a dependent parent
receiving AFDC-FC benefits in a short-term residential treatment
center shall equal the infant supplement rate for short-term
residential treatment centers established by the department.
(3) (A) The caregiver shall provide the county child welfare
agency or probation department with a copy of the shared
responsibility plan developed pursuant to Section 16501.25 and shall
advise the county child welfare agency or probation department of any
subsequent changes to the plan. Once the plan has been completed and
provided to the appropriate agencies, the payment made pursuant to
this section shall be increased by an additional two hundred dollars
($200) per month to reflect the increased care and supervision while
he or she is placed in the whole family foster home.
(B) A nonminor dependent parent residing in a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, who develops a written parenting support plan pursuant
to Section 16501.26 shall provide the county child welfare agency or
probation department with a copy of the plan and shall advise the
county child welfare agency or probation department of any subsequent
changes to the plan. The payment made pursuant to this section shall
be increased by an additional two hundred dollars ($200) per month
after all of the following have been satisfied:
(i) The plan has been completed and provided to the appropriate
county agency.
(ii) The plan has been approved by the appropriate county agency.
(iii) The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.
(4) In a year in which the payment provided pursuant to this
section is adjusted for the cost of living as provided in paragraph
(1) of subdivision (c), the payments provided for in this subdivision
shall also be increased by the same procedures.
(5) A Kin-GAP relative who, immediately prior to entering the
Kin-GAP program, was designated as a whole family foster home shall
receive the same payment amounts for the care and supervision of a
child who is living with a teen parent they received in foster care
as a whole family foster home.
(6) On and after January 1, 2012, the rate paid for a child living
with a teen parent in a whole family foster home as defined in
Section 11400 shall also be paid for a child living with a nonminor
dependent parent who is eligible to receive AFDC-FC or Kin-GAP
pursuant to Section 11403.
SEC. 63. Section 11466 is added to the
Welfare and Institutions Code , to read:
11466. For the purposes of this section to Section 114691.1,
inclusive, "provider" shall mean a group home, short-term residential
treatment center, a foster family agency that provides treatment
services, and similar foster care business entities.
SEC. 64. Section 11466.21 of the
Welfare and Institutions Code is amended to read:
11466.21. (a) In accordance with subdivision (b), as a condition
to receive an AFDC-FC rate for a program including, but not
limited to, a group home program or ,
a foster family agency program that provides
treatment services, or a short-term residential treatment
center, the following shall apply:
(1) Any provider who expends in combined federal funds an amount
at or above the federal funding threshold in accordance with the
federal Single Audit Act, as amended, and Office of Management and
Budget (OMB) Circular A-133, shall arrange to have a financial audit
conducted on an annual basis, and shall submit the annual financial
audit to the department in accordance with regulations adopted by the
department.
(2) Any provider who expends in combined federal funds an amount
below the federal funding threshold in accordance with the federal
Single Audit Act, as amended, and Office of Management and Budget
(OMB) Circular A-133, shall submit to the department a financial
audit on its most recent fiscal period at least once every three
years. The department shall provide timely notice to the providers of
the date that submission of the financial audit is required. That
date of submission of the financial audit shall be established in
accordance with regulations adopted by the department.
(3) The scope of the financial audit shall include all of the
programs and activities operated by the provider and shall not be
limited to those funded in whole or in part by the AFDC-FC program.
The financial audits shall include, but not be limited to, an
evaluation of the accounting and control systems of the provider.
(4) The provider shall have its financial audit conducted by
certified public accountants or by state-licensed public accountants
who have no direct or indirect relationship with the functions or
activities being audited, or with the provider, its board of
directors, officers, or staff.
(5) The provider shall have its financial audits conducted in
accordance with Government Auditing Standards issued by the
Comptroller General of the United States and in compliance with
generally accepted accounting principles applicable to private
entities organized and operated on a nonprofit basis.
(6) (A) Each provider shall have the flexibility to define
the calendar months included in its fiscal year.
(B) A provider may change the definition of its fiscal year.
However, the financial audit conducted following the change shall
cover all of the months since the last audit, even though this may
cover a period that exceeds 12 months.
(b) (1) In accordance with subdivision (a), as a condition to
receive an AFDC-FC rate that becomes effective on or after July 1,
2000, a provider shall submit a copy of its most recent financial
audit report, except as provided in paragraph (3).
(2) The department shall terminate the rate of a provider who
fails to submit a copy of its most recent financial audit pursuant to
subdivision (a). A terminated rate shall only be reinstated upon the
provider's submission of an acceptable financial audit.
(3) Effective July 1, 2000, a new provider that has been
incorporated for fewer than 12 calendar months shall not be required
to submit a copy of a financial audit to receive an AFDC-FC rate for
a new program. The financial audit shall be conducted on the provider'
s next full fiscal year of operation. The provider shall submit the
financial audit to the department in accordance with subdivision (a).
(c) The department shall implement this section through the
adoption of emergency regulations.
SEC. 65. Section 11466.22 of the
Welfare and Institutions Code is amended to read:
11466.22. (a) It is the intent of the Legislature to ensure
overall program integrity in the AFDC-FC program through the
establishment of an effective and efficient process for the
collection of group home provider sustained
overpayments. Furthermore, the intent of the Legislature is to ensure
that children placed in an AFDC-FC group
home program programs, including, but not limited to,
group homes, short-term residential treatment centers, and foster
family agencies that provide treatment services,
receive the level of care and supervision commensurate with the
group home program's rate classification level.
(b) For the purposes of this section, a group home
provider is a licensee of one or more group homes,
as defined in subdivision (h) of Section 11400, an
AFDC-FC program listed in Section 11402, including, but not limited
to, a group home, short-term residential treatment center,
foster family agency that provides treatment services, or a similar
business entity, receiving foster care maintenance payments
under the AFDC-FC program. The department may collect a sustained
overpayment from the party responsible for the sustained overpayment,
regardless of whether the party remains in the business of providing
group home any AFDC-FC programs, and
regardless of whether the party provider
remains licensed by the department.
(c) For the purposes of this section, a group home
provider overpayment is an overpayment that results in an
audit period when a group home provider receives a
rate reimbursement to which it is not entitled. If a group
home provider receives a rate reimbursement to which it is
not entitled, it shall be liable to repay the overpayment.
(d) (1) Overpayments shall be determined by either a
group home provider audit or a group home
provider self-reporting an overpayment.
(2) If an informal hearing is not requested, or on the 60th day
after an informal decision if a provider or the department does not
file a notice of intent to file a formal appeal, or on the 30th day
following a formal appeal hearing decision, whichever is latest, a
group home provider overpayment shall be sustained for collection
purposes and the department shall issue a demand letter for repayment
of the sustained overpayment.
(3) The department shall establish a voluntary repayment agreement
procedure with a maximum repayment period of nine years. The
procedure shall take into account the amount of the overpayment,
projected annual income of the program that caused the overpayment, a
minimum repayment amount, including principal and interest, of 3
percent of annual income prorated on a monthly basis, simple interest
for the first seven years of the voluntary repayment agreement on
the overpayment amount based on the Surplus Money Investment Fund,
and simple interest for the eighth and ninth years of the voluntary
repayment agreement based on the prime rate at that time plus 3
percent. The department may adopt regulations permitting the
director, at his or her discretion, to renegotiate the volunteer
repayment agreement if the director determines that the agreement
would cause severe harm to children in placement.
(4) The department shall establish an involuntary overpayment
collection procedure, that shall take into account the amount of the
overpayment, projected annual income, a minimum required repayment
amount, including principal and interest, of 5 percent of the annual
income prorated on a monthly basis, simple interest on the
overpayment amount based on the Surplus Money Investment Fund, and a
maximum repayment period of seven years. The department may establish
regulations permitting the director at his or her discretion to
renegotiate the involuntary payment agreement if the director
determines that the agreement would cause severe harm to children in
placement.
(e) The department shall develop regulations for recovery of any
group home provider sustained overpayments. The
regulations shall prioritize collection methods, that
which shall include voluntary repayment
agreement procedures, involuntary overpayment collection procedures,
including the use of a statutory lien, rate request denials, rate
decreases without an RCL reduction , and rate
terminations.
(f) Whenever the department determines that a group home
provider sustained overpayment has occurred, the department
shall recover from the group home provider the
full amount of the sustained overpayment, and simple interest on the
sustained overpayment amount, pursuant to methods described in
subdivision (e), against the group home provider's
income or assets.
(g) If a provider is successful in its appeal of a collected
overpayment, it shall be repaid the collected overpayment plus simple
interest based on the Surplus Money Investment Fund.
SEC. 66. Section 11466.25 of the
Welfare and Institutions Code is amended to read:
11466.25. Interest begins to accrue on a group home
provider overpayment on the date of the issuance of the
final audit report.
SEC. 67. Section 11466.3 of the Welfare
and Institutions Code is amended to read:
11466.3. (a) The department shall offer a voluntary repayment
agreement procedure to group home providers that
owe a sustained overpayment. A group home provider
may enter into a voluntary repayment agreement with the department
to repay a sustained overpayment. The voluntary repayment agreement
shall, at a minimum, meet the requirements developed pursuant to
paragraph (3) of subdivision (d) of Section 11466.2.
(b) The department shall charge simple interest on the voluntary
repayment agreement in accordance with paragraph (3) of subdivision
(d) of Section 11466.2.
SEC. 68. Section 11466.31 of the
Welfare and Institutions Code is amended to read:
11466.31.
(a) When it has been determined that a
group home provider participating in the AFDC-FC
program owes an overpayment that is due and payable, the department
may implement involuntary offset collection procedures to collect
sustained overpayments from a group home provider
if the provider does not enter into a voluntary repayment agreement
with the department or the provider has three outstanding payments on
a voluntary repayment agreement before the overpayment is repaid.
The
(b) The minimum monthly
overpayment offset amount from monthly rate reimbursements shall be
determined using the involuntary collection procedures developed
pursuant to paragraph (4) of subdivision (d) of Section 11466.2.
Overpayments shall be offset against current monthly rate
reimbursement payments due and payable to a group home
provider under this chapter.
SEC. 69. Section 11466.32 of the
Welfare and Institutions Code is amended to read:
11466.32. (a) If a group home provider that
owes a sustained overpayment pursuant to paragraph (2) of subdivision
(d) of Section 11466.2 does not enter into a voluntary repayment
agreement with the department, or the provider has three outstanding
payments on a voluntary repayment agreement before the overpayment is
repaid, in addition to the monthly overpayment offset amount, 50
percent of any increases resulting from California Necessities Index
(CNI) adjustments and group home provider's rate
adjustments to the standard rate that are due to a group
home provider shall be withheld until the sustained
overpayment amount is collected. Once the overpayment amount is
collected, the group home provider shall begin to
prospectively receive the full amount of any California Necessities
Index and rate adjustment to which it is entitled.
(b) Any group home provider subject to
involuntary repayment of a sustained overpayment pursuant to Section
11466.31 shall be ineligible to receive an RCL
any rate increase until the repayment is completed or until
the host county or the primary placement county provide the
department with a request for waiver of this paragraph.
SEC. 70. Section 11466.33 of the
Welfare and Institutions Code is amended to read:
11466.33. (a) If any amount is due and payable to the department
as a result of sustained overpayment to a group home
provider for care and services in the AFDC-FC program, the
department may file, in the office of any county clerk of any county
in which the group home provider has real or
personal property, a certificate if any of the following conditions
are met:
(1) No informal hearing is requested and if a provider has not
submitted a voluntary repayment agreement with the first payment, and
60 days have elapsed from the notice of audit results.
(2) No formal appeal is requested and if a provider has not
submitted a voluntary repayment agreement along with the first
payment, and 60 days have elapsed from the notice of the informal
hearing decision.
(3) A provider has not submitted a voluntary repayment agreement
along with the first payment, and 30 days have elapsed after an
adverse appeal decision by a hearing officer that sustains an
overpayment.
(b) The certificate provided for pursuant to subdivision (a) shall
contain:
(1) The amount due, owing, and unpaid, plus simple interest on the
amount owing and unpaid beginning on the date the certificate is
filed.
(2) A statement that the department has complied with this section
prior to the filing of the certificate.
(3) A request that a lien be recorded against the group
home provider in the amount set forth in the certificate.
(c) The county clerk immediately upon the filing of the
certificate shall record the lien for the State of California against
the group home provider in the amount set forth
in the certificate. The lien may be filed in the chain of title of
the property.
(d) The department shall pay the cost of the first lien, and
group home providers shall be responsible for any
subsequent liens on a sustained overpayment.
(e) For the first certificate filed by the department pursuant to
this section, the county shall waive all filing fees.
SEC. 71. Section 11466.34 of the
Welfare and Institutions Code is amended to read:
11466.34. (a) (1) At any time within 10 years of the recording of
a lien pursuant to Section 11466.33, the department may bring an
action, in a superior court in the county in which the lien is filed,
seeking a judgment to establish the lien as a judgment lien.
(2) If a judgment is obtained pursuant to paragraph (1), the
county recorder shall record the lien as a judgment lien.
(b) An abstract of a judgment obtained pursuant to subdivision (a)
or a copy thereof may be recorded with the county recorder of any
county. From the time of recording, the judgment shall constitute a
lien upon all real or personal property of the group home
provider in that county owned by the group home
provider at the time, or that the group home
provider may afterwards, but before the lien expires,
acquire. The judgment lien shall continue for 10 years from the time
of recording of the abstract of judgment obtained pursuant to
subdivision (a), unless sooner released or otherwise discharged.
(c) The judgment lien may, within 10 years from the date of
recording of the abstract of judgment or within 10 years from the
date of the last extension of the lien in the manner provided in this
section, be extended by recording a new abstract in the office of
the county recorder of any county. From the date of that recording,
the lien shall be extended for 10 years, unless sooner released or
otherwise discharged.
(d) The department may release any lien imposed pursuant to this
chapter, at the provider's cost, in which case any judgment
pertaining to that lien is for all purposes null and void, if all of
the following conditions are met:
(1) No temporary suspension order or license revocation actions by
the department's community care licensing division is pending
against a provider.
(2) A provider has made at least three timely payments on a
voluntary repayment agreement.
(3) The provider submits to the department corroborative evidence
that it is unable to obtain a loan from an institutional lender
unless the lien is released.
(e) Execution shall issue upon a judgment obtained pursuant to
this section upon request of the department in the same manner as
execution may issue upon other judgments. Sale shall be held under
that execution as prescribed in the Code of Civil Procedure. In all
proceedings under this section, the director or his or her authorized
agents may act on behalf of the state.
SEC. 72. Section 11466.35 of the
Welfare and Institutions Code is amended to read:
11466.35. (a) Any licensee who has been determined to owe a
sustained overpayment under this chapter, and who, subsequent to
notice of the sustained overpayment, has its group home
rate terminated, shall be ineligible to apply or receive a
rate for any future group home program until the
overpayment is repaid.
(b) A rate application shall be denied for a group home
provider that meets either of the following conditions:
(1) A provider owing a sustained overpayment under this chapter,
upon the occurrence of any additional sustained overpayment, shall be
ineligible to apply or receive a rate for an existing or future
group home program until the sustained
overpayments are repaid, unless a voluntary repayment agreement is
approved by the department.
(2) A provider incurring a sustained overpayment that constitutes
more than 60 percent of the provider's annual rate reimbursement
shall be ineligible to apply or receive a rate for any existing or
future group home programs until the sustained
overpayments are repaid, unless a voluntary repayment agreement is
approved by the department.
SEC. 73. Section 11466.36 of the
Welfare and Institutions Code is amended to read:
11466.36. (a) The department may terminate a group home
program rate if any of the following conditions
are met:
(1) The director department
determines that, based upon the findings of a hearing officer, a rate
application or information submitted by a provider was fraudulently
submitted to the department.
(2) A provider with an outstanding sustained overpayment incurs a
second sustained overpayment, and is unable to repay the sustained
overpayments.
(3) A provider has a sustained overpayment that represents 100
percent of a provider's annual rate reimbursement.
(b) This chapter shall not be construed to affect the department's
authority under other provisions of law for collection of
group home provider sustained overpayments.
SEC. 74. Section 11466.5 of the Welfare
and Institutions Code is amended to read:
11466.5. The department shall collect group home
cost data and monitor the cost of providing care and
supervision, and social work services, to AFDC-FC recipients. These
data shall include, but not be limited to, the costs incurred
by group homes for employee wages and benefits.
SEC. 75. Section 11466.6 of the Welfare
and Institutions Code is amended to read:
11466.6. A group home provider who disagrees
with the rate determined by the department or adjusted by a program
audit shall may request in writing
an appeal by the director or the director's designee. The
department shall adopt regulations establishing procedures for the
departmental appeal process.
SEC. 76. Section 11468 of the Welfare
and Institutions Code is amended to read:
11468. The director department
shall establish administrative procedures to review the rate set by
the department for a foster family agency and a group home
program AFDC-FC programs, including, but not limited
to, group homes, short-term residential treatment centers
, and foster family agencies that provide
treatment services .
SEC. 77. Section 16000 of the Welfare
and Institutions Code is amended to read:
16000. (a) It is the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible, removing the
child from the custody of his or her parents only when necessary for
his or her welfare or for the safety and protection of the public. If
a child is removed from the physical custody of his or her parents,
preferential consideration shall be given whenever possible to the
placement of the child with the relative as required by Section 7950
of the Family Code. If the child is removed from his or her own
family, it is the purpose of this chapter to secure as nearly as
possible for the child the custody, care, and discipline equivalent
to that which should have been given to the child by his or her
parents. It is further the intent of the Legislature to reaffirm its
commitment to children who are in out-of-home placement to live in
the least restrictive, most familylike setting and to live as close
to the child's family as possible pursuant to subdivision (c) of
Section 16501.1. Family reunification services shall be provided for
expeditious reunification of the child with his or her family, as
required by law. If reunification is not possible or likely, a
permanent alternative shall be developed.
(b) It is further the intent of the Legislature that all children
live with a committed, permanent, and nurturing family. Services and
supports should be tailored to meet the needs of the individual child
and family being served, with the ultimate goal of maintaining the
family, or when this is not possible, transitioning the child or
youth to a permanent family or preparing the youth for a successful
transition into adulthood. When needed, short-term residential
treatment center program services are a short-term, specialized, and
intensive intervention that is just one part of a continuum of care
available for children, youth, young adults, and their families.
(b)
(c) It is further the intent of the Legislature to
ensure that all pupils in foster care and those who are homeless as
defined by the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11301 et seq.) have the opportunity to meet the
challenging state pupil academic achievement standards to which all
pupils are held. In fulfilling their responsibilities to pupils in
foster care, educators, county placing agencies, care providers,
advocates, and the juvenile courts shall work together to maintain
stable school placements and to ensure that each pupil is placed in
the least restrictive educational programs, and has access to the
academic resources, services, and extracurricular and enrichment
activities that are available to all pupils. In all instances,
educational and school placement decisions must
shall be based on the best interests of the child.
SEC. 78. Section 16501 of the Welfare
and Institutions Code is amended to read:
16501. (a) (1) As used in this chapter,
"child welfare services" means public social services which
that are directed toward the accomplishment of
any or all of the following purposes: protecting and promoting the
welfare of all children, including handicapped, homeless, dependent,
or neglected children; preventing or remedying, or assisting in the
solution of problems which may result in, the neglect, abuse,
exploitation, or delinquency of children; preventing the unnecessary
separation of children from their families by identifying family
problems, assisting families in resolving their problems, and
preventing breakup of the family where the prevention of child
removal is desirable and possible; restoring to their families
children who have been removed, by the provision of services to the
child and the families; identifying children to be placed in suitable
adoptive homes, in cases where restoration to the biological family
is not possible or appropriate; and ensuring adequate care of
children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.
"Child
(2) "Child welfare services" also
means services provided on behalf of children alleged to be the
victims of child abuse, neglect, or exploitation. The child welfare
services provided on behalf of each child represent a continuum of
services, including emergency response services, family preservation
services, family maintenance services, family reunification services,
and permanent placement services, including supportive transition
services. The individual child's case plan is the guiding principle
in the provision of these services. The case plan shall be developed
within a maximum of 60 days of the initial removal of the child or of
the in-person response required under subdivision (f) if the child
has not been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever comes first.
(3) "Child welfare services" are best provided in a framework that
integrates service planning and delivery among multiple service
systems, including the mental health system, using a team-based
approach, such as a child and family team. A child and family team
brings together individuals that engage with the child and family in
assessing, planning, and delivering services. A child and family
team, defined in subdivision (a) of Section 831, is composed of the
child, family, caregiver, placing agency caseworker, the child's
tribe or Indian custodian when the child is Indian, and the county
mental health representative for placement into a mental health
certified facility. As appropriate, the child and family team also
may include behavioral health representatives and other formal
supports, such as educational professionals and representatives from
other agencies providing services to the child and family. A child
and family team also may include extended family and informal support
persons, such as friends, coaches, faith-based connections, and
tribes as identified by the child and family. Use of a team approach
increases efficiency, and thus reduces cost, by increasing
coordination of formal services and integrating the natural and
informal supports available to the child and family.
(1)
( 4) Child welfare services may include, but
are not limited to, a range of service-funded activities, including
case management, counseling, emergency shelter care, emergency
in-home caretakers, temporary in-home caretakers, respite care,
therapeutic day services, teaching and demonstrating homemakers,
parenting training, substance abuse testing, and transportation.
These service-funded activities shall be available to children and
their families in all phases of the child welfare program in
accordance with the child's case plan and departmental regulations.
Funding for services is limited to the amount appropriated in the
annual Budget Act and other available county funds.
(2)
( 5) Service-funded activities to be
provided may be determined by each county, based upon individual
child and family needs as reflected in the service plan.
(3)
( 6) As used in this chapter, "emergency
shelter care" means emergency shelter provided to children who have
been removed pursuant to Section 300 from their parent or parents or
their guardian or guardians. The department may establish, by
regulation, the time periods for which emergency shelter care shall
be funded. For the purposes of this paragraph, "emergency shelter
care" may include "transitional shelter care facilities" as defined
in paragraph (11) of subdivision (a) of Section 1502 of the Health
and Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Each county shall use
available private child welfare resources prior to developing new
county-operated resources when the private child welfare resources
are of at least equal quality and lesser or equal cost as compared
with county-operated resources. Counties shall not contract for needs
assessment, client eligibility determination, or any other activity
as specified by regulations of the State Department of Social
Services, except as specifically authorized in Section 16100.
(d) Nothing in this chapter shall be construed to affect duties which
are delegated to probation officers pursuant to Sections 601 and
654.
(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
(i) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, or long-term foster care, and, as
needed, shall include supportive transition services to nonminor
dependents, as described in subdivision (v) of Section 11400.
(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
(k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
(D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county welfare director may give
the employee or prospective employee an opportunity to explain the
conviction and shall consider that explanation in the evaluation of
the criminal conviction record.
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action which th at
the county welfare director is permitted to take following the
establishment of a conviction may be taken when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending the
imposition of sentence, notwithstanding a subsequent order pursuant
to Sections 1203.4 and 1203.4a of the Penal Code permitting the
person to withdraw his or her plea of guilty and to enter a plea of
not guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment. For purposes of this
subdivision, the record of a conviction, or a copy thereof certified
by the clerk of the court or by a judge of the court in which the
conviction occurred, shall be conclusive evidence of the conviction.
SEC. 79. Section 16501.1 of the Welfare
and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, detained
by the United States Department of Homeland Security, or deported to
his or her country of origin, the case plan shall include
information, to the extent possible, about a parent's incarceration
in a county jail or the state prison, detention by the United States
Department of Homeland Security, or deportation during the time that
a minor child of that parent is involved in dependency care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the case plan shall include a description of the type of home
or institution in which the child is to be placed, and the reasons
for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is the
least restrictive or most familylike and the most appropriate
setting that is available and in close proximity to the parent's
home, proximity to the child's school, and consistent with the
selection of the environment best suited to meet the child's special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, nonrelated extended family
members, and tribal members, and
members; foster family homes , and
nontreatment certified homes of foster family
agencies, agencies; followed by treatment and
intensive treatment certified homes of foster family agencies;
or multidimensional treatment foster care homes ,
or therapeutic foster care homes; group care
placements , such as in the order of
short-term residential treatment centers, group
homes and , community treatment
facilities, and out-of-state residential treatment
pursuant to Section 7950 Part 5 (commencing
with Section 7900) of Division 12 of the Family Code.
(2) If a group care treatment
placement is selected for a child, the case plan shall indicate the
needs of the child that necessitate this placement, the plan for
transitioning the child to a less restrictive environment, and the
projected timeline by which the child will be transitioned to a less
restrictive environment. This section of the case plan shall be
reviewed and updated at least semiannually.
(A) The case plan for placements in a group home, or commencing
January 1, 2017, in a short-term residential treatment center, shall
indicate that the county has taken into consideration Section
16010.8.
(B) After January 1, 2016, if a treatment foster care placement,
such as a treatment foster family agency, intensive treatment foster
care, therapeutic foster care, or short-term residential treatment
center, is being considered for the child or youth, a child and
family team meeting as described in Sections 831 and 16501 shall be
convened for the purpose of determining the appropriateness of the
placement and whether there are any appropriate, less restrictive,
and more family-like alternatives.
(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requirements, the selection of the placement,
including a supervised independent living placement, as described in
subdivision (w) of Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to
have incremental responsibilities that prepare a nonminor dependent
to transition to independent living. If admission to, or continuation
in, a group home placement is being considered for a nonminor
dependent, the group home placement approval decision shall include a
youth-driven, team-based case planning process, as defined by the
department, in consultation with stakeholders. The case plan shall
consider the full range of placement options, and shall specify why
admission to, or continuation in, a group home placement is the best
alternative available at the time to meet the special needs or
well-being of the nonminor dependent, and how the placement will
contribute to the nonminor dependent's transition to independent
living. The case plan shall specify the treatment strategies that
will be used to prepare the nonminor dependent for discharge to a
less restrictive and more familylike setting, including a target date
for discharge from the group home placement. The placement shall be
reviewed and updated on a regular, periodic basis to ensure that
continuation in the group home remains in the best interests of the
nonminor dependent and that progress is being made in achieving case
plan goals leading to independent living. The group home placement
planning process shall begin as soon as it becomes clear to the
county welfare department or probation office that a foster child in
group home placement is likely to remain in group home placement on
his or her 18th birthday, in order to expedite the transition to a
less restrictive and more familylike setting if he or she becomes a
nonminor dependent. The case planning process shall include informing
the youth of all of his or her options, including, but not limited
to, admission to or continuation in a group home placement.
Consideration for continuation of existing group home placement for a
nonminor dependent under 19 years of age may include the need to
stay in the same placement in order to complete high school. After a
nonminor dependent either completes high school or attains his or her
19th birthday, whichever is earlier, continuation in or admission to
a group home is prohibited unless the nonminor dependent satisfies
the conditions of paragraph (5) of subdivision (b) of Section 11403,
and group home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the group
home placement to the nonminor dependent to alleviate or ameliorate
the medical condition, as described in paragraph (5) of subdivision
(b) of Section 11403, shall not constitute the sole basis to
disqualify a nonminor dependent from the group home placement.
(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home that
will meet the child's special needs and best interests shall also
promote educational stability by taking into consideration proximity
to the child's school of origin, and school attendance area, the
number of school transfers the child has previously experienced, and
the child's school matriculation schedule, in addition to other
indicators of educational stability that the Legislature hereby
encourages the State Department of Social Services and the State
Department of Education to develop.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing
conducted pursuant to Section 366.26, but no less frequently than
once every six months. Each updated case plan shall include a
description of the services that have been provided to the child
under the plan and an evaluation of the appropriateness and
effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or probation officer, or a social worker or probation
officer on the staff of the agency in the state in which the child
has been placed, shall visit the child in a foster family home or the
home of a relative, consistent with federal law and in accordance
with the department's approved state plan. For children in
out-of-state group home facilities, visits shall be conducted at
least monthly, pursuant to Section 16516.5. At least once every six
months, at the time of a regularly scheduled placement agency contact
with the foster child, the child's social worker or probation
officer shall inform the child of his or her rights as a foster
child, as specified in Section 16001.9. The social worker or
probation officer shall provide the information to the child in a
manner appropriate to the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and appropriate local educational agencies to ensure that the
child remains in the school in which the child is enrolled at the
time of placement or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC or
CalWORKs assistance up to 21 years of age pursuant to Section 11403,
the transitional independent living case plan, as set forth in
subdivision (y) of Section 11400, shall be developed with, and signed
by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21, 366.22, or 366.25 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if
the casework supervisor for
that case determines that the modifications further the goals of the
plan. If out-of-home services are used with the goal of family
reunification, the case plan shall consider and describe the
application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption. If the
plan is for kinship guardianship, the case plan shall document how
the child meets the kinship guardianship eligibility requirements.
(16) (A) When appropriate, for a child who is 16 years of age or
older and, commencing January 1, 2012, for a nonminor dependent, the
case plan shall include the transitional independent living plan
(TILP), a written description of the programs and services that will
help the child, consistent with the child's best interests, to
prepare for the transition from foster care to independent living,
and, in addition, whether the youth has an in-progress application
pending for Title XVI Supplemental Security Income benefits or for
Special Immigrant Juvenile Status or other applicable application for
legal residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the
transitional independent living case plan, as described in
subdivision (v) of Section 11400, shall include the TILP, a written
description of the programs and services that will help the nonminor
dependent, consistent with his or her best interests, to prepare for
transition from foster care and assist the youth in meeting the
eligibility criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) Section 11403. If applicable, the case plan shall
describe the individualized supervision provided in the supervised
independent living placement as defined in subdivision (w) of Section
11400. The case plan shall be developed with the child or nonminor
dependent and individuals identified as important to the child or
nonminor dependent, and shall include steps the agency is taking to
ensure that the child or nonminor dependent achieves permanence,
including maintaining or obtaining permanent connections to caring
and committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), whether during that period foster care maintenance payments
are being made on the child's behalf or the child is receiving
benefits or services under Section 477 of the federal Social Security
Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency
staff or probation officer and other representatives of the
participant, as appropriate, shall provide the youth or nonminor with
assistance and support in developing the written 90-day transition
plan, that is personalized at the direction of the child, information
as detailed as the participant elects that shall include, but not be
limited to, options regarding housing, health insurance, education,
local opportunities for mentors and continuing support services, and
workforce supports and employment services, a power of attorney for
health care, and information regarding the advance health care
directive form.
(C) For youth 16 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at no
charge to the youth and that any results were provided to the youth.
For nonminor dependents, the case plan shall include documentation
that the county assisted the nonminor dependent in obtaining his or
her reports. The case plan shall include documentation of barriers,
if any, to obtaining the credit reports. If the consumer credit
report reveals any accounts, the case plan shall detail how the
county ensured the youth received assistance with interpreting the
credit report and resolving any inaccuracies, including any referrals
made for the assistance.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan shall
include an identification of individuals, other than the child's
siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker or probation officer shall ask every child who is 10
years of age or older and who has been in out-of-home placement for
six months or longer to identify individuals other than the child's
siblings who are important to the child, and may ask any other child
to provide that information, as appropriate. The social worker or
probation officer shall make efforts to identify other individuals
who are important to the child, consistent with the child's best
interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services. The nonminor dependent's
caregiver shall be provided with a copy of the nonminor's TILP.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association of California and other
advocates, shall develop a comprehensive plan to ensure that 90
percent of foster children are visited by their caseworkers on a
monthly basis by October 1, 2011, and that the majority of the visits
occur in the residence of the child. The plan shall include any data
reporting requirements necessary to comply with the provisions of
the federal Child and Family Services Improvement Act of 2006 (Public
Law 109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 80. Section 16519.5 of the Welfare
and Institutions Code is amended to read:
16519.5. (a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, 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.
(b) (1) Counties shall be selected to participate on a voluntary
basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to criteria
developed by the department in consultation with the County Welfare
Directors Association. In selecting the five early implementation
counties, the department shall promote diversity among the
participating counties in terms of size and geographic location.
(2) Additional counties may participate in the early
implementation of the program upon authorization by the department.
(c) (1) For the purposes of this section
chapter , "resource family" means an individual or couple that
a participating county or foster family agency determines
to have successfully met both the home approval standards and the
permanency assessment criteria adopted pursuant to subdivision (d)
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. A
resource family shall demonstrate all of the following:
(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
(B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
(D) The financial ability within the household to ensure the
stability and financial security of the family.
(E) An ability and willingness to maintain the least restrictive
and most familylike environment that serves the needs of the child.
(2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to undergo
any additional approval or licensure as long as the family lives in a
county participating in the program.
(3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has successfully
completed a permanency assessment. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study approval.
(4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
(d) Prior to implementation of this program, the department shall
adopt standards pertaining to home approval and permanency assessment
of a resource family.
(1) Resource family home approval standards shall include, but not
be limited to, all of the following:
(A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing a check
of the Child Abuse Central Index (CACI), a check of the Child Welfare
Services/Case Management System (CWS/CMS), and receipt of a
fingerprint-based state and federal criminal offender record
information search response . The criminal history information shall
include subsequent state and federal arrest and disposition
notifications pursuant to Section 11105.2 of the Penal Code.
(ii) Consideration of any substantiated allegations of child abuse
or neglect against either the applicant or any other adult residing
in the home. An approval may not be granted to applicants whose
criminal record indicates a conviction for any of the offenses
specified in subdivision (g) of Section 1522 of the Health and Safety
Code.
(iii) Exemptions from the criminal records clearance requirements
set forth in this section may be granted by the director or the early
implementation county, if that county has been granted permission by
the director to issue criminal records exemptions pursuant to
Section 361.4, using the exemption criteria currently used for foster
care licensing as specified in subdivision (g) of Section 1522 of
the Health and Safety Code.
(B) Buildings and grounds and storage requirements set forth in
Sections 89387 and 89387.2 of Title 22 of the California Code of
Regulations.
(C) In addition to the foregoing requirements, the resource family
home approval standards shall also require the following:
(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive and most familylike environment
that serves the needs of the child.
(D) The results of a caregiver risk assessment are consistent with
the factors listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (c). A caregiver risk assessment shall
include, but not be limited to, physical and mental health, alcohol
and other substance use and abuse, and family and domestic violence.
(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
(A) The applicant shall complete caregiver training.
(B) The applicant shall complete a psychosocial evaluation.
(C) The applicant shall complete any other activities that relate
to a resource family's ability to achieve permanency with the child.
(e) (1) A child may be placed with a resource family that has
received home approval prior to completion of a permanency assessment
only if a compelling reason for the placement exists based on the
needs of the child.
(2) The permanency assessment shall be completed within 90 days of
the child's placement in the approved home, unless good cause exists
based upon the needs of the child.
(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
(4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
(5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:
(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
(B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
(D) For any placement made pursuant to this paragraph, the county
shall initiate the home approval process no later than five business
days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
(E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until the home has been approved.
(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
(f) The State Department of Social Services shall be responsible
for all of the following:
(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.
(3) Entering into terms and conditions for participation in the
program by counties.
(4) Administering the early implementation of the
program through the issuance of written directives that shall have
the same force and effect as regulations. Any directive affecting
Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of
the California Code of Regulations shall be approved by the
Department of Justice. The directives shall be exempt from the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title
2 of the Government Code.
(5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.
(6) Adopting and requiring the use of standardized documentation
for the home approval and permanency assessment of resource families.
(7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
(A) Investigating complaints of resource families.
(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
(A) Reviewing the county's implementation of the program.
(B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of complaints against individual resource
family homes.
(C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
(D) Investigating unresolved complaints against participating
counties.
(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.
(9) Preparing or having prepared, and submitting to the
Legislature, a report on the results of the initial phase of
implementation of the program. The report shall include all of the
following:
(A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency including
reunification, guardianship and adoption, child safety factors, and
placement stability.
(B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available resource
families.
(C) An analysis of cost, utilizing available data, including
funding sources.
(D) An analysis of regulatory or statutory barriers to
implementing the program on a statewide basis.
(g) Counties participating in the program shall be responsible for
all of the following:
(1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the implementation
plan, training appropriate staff, and accepting applications from
resource families within the timeframes established by the
department.
(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).
(3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.
(4) (A) Ensuring staff have the education and experience necessary
to complete the home approval and permanency assessment competently.
(B) A county may contract with a licensed adoption agency to
complete the permanency assessment. A permanency assessment completed
by a licensed adoption agency shall be reviewed and approved by the
county.
(5) Approving and denying resource family applications, including
all of the following:
(A) Rescinding home approvals and resource family approvals where
appropriate, consistent with the established standard.
(B) Providing an applicant and disapproved resource family
requesting review of that decision with due process pursuant to the
department's regulations.
(C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family.
(6) Updating resource family approval annually.
(7) Monitoring resource families through all of the following:
(A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
(A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision (d).
To the extent that adequate resources are available, complaints shall
be investigated by a worker who did not initially perform the home
approval or permanency assessment.
(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
(C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
(9) Performing corrective action as required by the department.
(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f).
(12) Ensuring that resource families have the necessary knowledge,
skills, and abilities to support children in foster care by
completing caregiver training. The training should include a
curriculum that supports the role of a resource family in parenting
vulnerable children and should be ongoing in order to provide
resource families with information on new practices and changes
within the foster care system.
(13) Ensuring that a resource family applicant completes a minimum
number of training hours, as prescribed. The training shall include,
but not be limited to, all of the following training courses:
(A) An overview of the child protective system.
(B) The effects of child abuse and neglect on child development.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues in foster care, including the administration of
psychotropic and other medications.
(E) Accessing education and health services available to foster
children.
(F) The rights of a child in foster care, and the foster parent's
responsibility to safeguard those rights, including the right to have
fair and equal access to all available services, placement, care,
treatment, and benefits, and to not be subjected to discrimination or
harassment on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(G) Cultural needs of children, including instruction on cultural
competency and sensitivity relating to, and best practices for,
providing adequate care to lesbian, gay, bisexual, and transgender
youth in out-of-home care.
(H) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to the California Student
Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(I) Permanence and well-being needs of children.
(J) Child and adolescent development.
(K) The role of foster parents, including working cooperatively
with the child welfare agency, the child's family, and other service
providers implementing the case plan.
(L) A
foster parent's responsibility to act as a reasonable and prudent
parent; and to maintain the least restrictive, most family-like
environment that serves the needs of the child.
(14) Ensuring approved resource families complete a minimum number
of training hours annually, as prescribed. The annual training shall
include, but not be limited to, all of the following training
courses:
(A) Age-appropriate child development.
(B) Health issues in foster care, including the administration of
psychotropic and other medications.
(C) Positive discipline and the importance of self-esteem.
(D) Emancipation and independent living skills if a foster parent
is caring for youth.
(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(h) (1) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive homes
that have completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight processes
shall continue to be administered for families and facilities not
included in the program.
(2) Upon implementation of the program in a county, that county
may not accept new applications for the licensure of foster family
homes, the approval of relative and nonrelative extended family
members, or the approval of prospective adoptive homes.
(i) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply to
only those counties or foster family agencies
participating in the program and only for the duration of the
program.
(j) Resource families approved under initial implementation of the
program, who move within an early implementation county or who move
to another early implementation county, shall retain their resource
family status if the new building and grounds, outdoor activity
areas, and storage areas meet home approval standards. The State
Department of Social Services or early implementation county may
allow a program-affiliated individual to transfer his or her
subsequent arrest notification if the individual moves from one early
implementation county to another early implementation county, as
specified in subdivision (h) of Section 1522 of the Health and Safety
Code.
(k) (1) The approval of a resource family who moves to a
nonparticipating county remains in full force and effect pending a
determination by the county approval agency or the department, as
appropriate, whether the new building and grounds and storage areas
meet applicable standards, and whether all adults residing in the
home have a criminal records clearance or exemptions granted, using
the exemption criteria used for foster care licensing, as specified
in subdivision (g) of Section 1522 of the Health and Safety Code.
Upon this determination, the nonparticipating county shall either
approve the family as a relative or nonrelative extended family
member, as applicable, or the department shall license the family as
a foster family home.
(2) Subject to the requirements in paragraph (1), the family shall
continue to be approved for guardianship and adoption. Nothing in
this subdivision shall limit a county or adoption agency from
determining that the family is not approved for guardianship or
adoption based on changes in the family's circumstances or permanency
assessment.
(3) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent arrest
notification from a participating county to the nonparticipating
county.
( l ) Implementation of the program shall be contingent
upon the continued availability of federal Social Security Act Title
IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement
of children with resource families assessed and approved under the
program.
(m) A child placed with a resource family shall be eligible for
AFDC-FC payments. A resource family , or a foster family agency
pursuant to subdivisions (q) and (r), shall be paid an AFDC-FC
rate pursuant to Sections 11460 and ,
11461 , and 11463 . Sharing ratios for nonfederal
expenditures for all costs associated with activities related to the
approval of relatives and nonrelative extended family members shall
be in accordance with Section 10101.
(n) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing, or
responses, as specified in this section.
(o) Approved resource families under this program shall be exempt
from all of the following:
(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
Code, and all regulations promulgated thereto.
(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
(3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
(p) Early implementation counties shall be authorized to continue
through the end of the 2016-17 fiscal year, or through the end of the
third full fiscal year following the date that counties commence
implementation, whichever of these dates is later. The program is
authorized in all counties effective July 1, 2017. The program shall
be implemented by each county on or before July 1, 2019.
(q) Notwithstanding any other law, on and after July 1, 2017, a
licensed foster family agency shall require a certified family home
applicant to meet the resource family approval standards and
requirements set forth in this article
chapter and in the written directives adopted pursuant to
paragraph (4) of subdivision (f), prior to certification
approval .
(r) No later than July 1, 2017, the department may establish
participation conditions, and select and authorize a foster family
agency that voluntarily submits an implementation plan and revised
plan of operation in accordance with requirements established by the
department, to approve resource families in lieu of certifying foster
homes.
(1) Except for subdivision (g), a participating foster family
agency shall comply with the resource family approval standards set
forth in this chapter and in the written directives issued pursuant
to paragraph (4) of subdivision (f).
(2) Notwithstanding any other law, the department shall enforce
the resource family approval standards and requirements set forth in
this chapter and in the written directives issued pursuant to
paragraph (4) of subdivision (f) against a participating foster
family agency. In the event of any conflict with the Community Care
Facilities Act (Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code), this section shall be controlling.
This subdivision does not impose any new responsibilities upon the
counties as described in subdivision (g).
(3) Nothing in this subdivision shall limit the department's
authority to take administrative action against a foster family
agency or a certified family home of a foster family agency. For
purposes of Article 5 of Chapter 3 of Division 2 of the Health and
Safety Code, a certified family home includes a resource family
approved by a foster family agency pursuant to this subdivision.
(4) The department may adjust the foster family agency AFDC-FC
rate pursuant to Section 11463 for implementation of this
subdivision.
SEC. 81. Section 16519.52 is added to the
Welfare and Institutions Code , to read:
16519.52. (a) A resource family may install and use delayed
egress devices of the time delay type in the home of the resource
family.
(b) As used in this section, "delayed egress device" means a
device that precludes the use of exits for a predetermined period of
time. These devices shall not delay any resident's departure from the
home for longer than 30 seconds.
(c) Within the 30 seconds of delay, a resource family may attempt
to redirect a resident who attempts to leave the home.
(d) Any person accepted by a resource family using delayed egress
devices in the home shall meet all of the following conditions:
(1) The person shall have a developmental disability, as defined
in Section 4512.
(2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500)).
(3) An interdisciplinary team, through the Individual Program Plan
(IPP) process pursuant to Section 4646.5, shall have determined that
the person lacks hazard awareness or impulse control and requires
the level of supervision afforded by a resource family in a home
equipped with delayed egress devices, and that, but for this
placement, the person would be at risk of admission to, or would have
no option but to remain in, a more restrictive state hospital or
state developmental center placement.
(e) The home shall be subject to all fire and building codes,
regulations, and standards applicable to residential care facilities
for the elderly utilizing delayed egress devices, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
delayed egress devices.
(f) The resource family shall provide training regarding the use
and operation of the egress control devices used by any person caring
for a resident, protection of residents' personal rights, lack of
hazard awareness and impulse control behavior, and emergency
evacuation procedures.
(g) The resource family shall develop a plan of operation that is
authorized by the approving county and includes a description of how
the home is to be equipped with egress control devices that are
consistent with regulations adopted by the State Fire Marshal
pursuant to Section 13143 of the Health and Safety Code.
(h) The plan shall include, but shall not be limited to, all of
the following:
(1) A description of how the resource family will provide training
for persons caring for a resident regarding the use and operation of
the egress control devices used in the home.
(2) A description of how the resource family will ensure the
protection of the residents' personal rights consistent with Sections
4502, 4503, and 4504.
(3) A description of how the resource family will manage the
person's lack of hazard awareness and impulse control behavior.
(4) A description of the resource family's emergency evacuation
procedures.
(i) Delayed egress devices shall not substitute for adequate
supervision. The capacity of the home shall not exceed six residents.
(j) Emergency fire and earthquake drills shall be conducted at
least once every three months, and shall include all persons
providing resident care and supervision.
SEC. 82. Section 16519.53 is added to the
Welfare and Institutions Code , to read:
16519.53. (a) A resource family shall be authorized to administer
emergency medical assistance and injections for severe diabetic
hypoglycemia and anaphylactic shock to a foster child in placement in
accordance with subdivision (a) of Section 1507.25 of the Health and
Safety Code.
(b) A resource family shall be authorized to administer
subcutaneous injections of other medications, including insulin, as
prescribed by a child's physician, to a foster child in placement in
accordance with subdivision (b) of Section 1507.25 of the Health and
Safety Code.
SEC. 83. Section 16519.54 is added to the
Welfare and Institutions Code , to read:
16519.54. Notwithstanding any other law, a resource family shall
not be subject to civil penalties imposed pursuant to the Community
Care Facilities Care Act (Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code).
SEC. 84. Section 16519.55 is added to the
Welfare and Institutions Code , to read:
16519.55. (a) Subject to subdivision (b), to encourage the
recruitment of resource families, to protect their personal privacy,
and to preserve the security of confidentiality of the placements
with resource families, the names, addresses, and other identifying
information of resource families shall be considered personal
information for purposes of the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code). This information shall not be
disclosed by any state or local agency pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code), except as necessary
for administering the resource family approval program, facilitating
the placement of children with resource families, and providing names
and addresses only to bona fide professional foster parent
organizations upon request.
(b) The department, a county, or a foster family agency may
request information from, or divulge information to, the department,
a county, or a foster family agency, regarding a prospective resource
family for the purpose of and as necessary to conduct a reference
check to determine whether it is safe and appropriate to approve an
applicant to be a resource family.
SEC. 85. Section 18251 of the Welfare
and Institutions Code is amended to read:
18251. As used in this chapter:
(a) "County" means each county participating in an individualized
or wraparound services program.
(b) "County placing agency" means a county welfare or probation
department, or a county mental health department.
(c) "Eligible child" means a child or nonminor dependent, as
described in subdivision (v) of Section 11400, who is any of the
following:
(1) A child or nonminor dependent who has been adjudicated as
either a dependent, transition dependent, or ward of the juvenile
court pursuant to Section 300, 450, 601, or 602 and who would be
placed in a group home licensed by the department at a rate
classification level of 10 or higher , or commencing January 1,
2017, would be placed in a short-term residential treatment center
.
(2) A child or nonminor dependent who is currently, or who would
be, placed in a group home licensed by the department at a rate
classification level of 10 or higher , or commencing January 1,
2017, would be placed in a short-term residenti al
treatment center .
(3) A child who is eligible for adoption assistance program
benefits when the responsible public agency has approved the
provision of wraparound services in lieu of out-of-home placement
care at a rate classification level of 10 or higher ,
or commencing January 1, 2017, would be placed in a short-term
residential treatment center .
(d) "Wraparound services" means community-based intervention
services that emphasize the strengths of the child and family and
includes the delivery of coordinated, highly individualized
unconditional services to address needs and achieve positive outcomes
in their lives.
(e) "Service allocation slot" means a specified amount of funds
available to the county to pay for an individualized intensive
wraparound services package for an eligible child. A service
allocation slot may be used for more than one child on a successive
basis.
SEC. 86. Section 18254 of the Welfare
and Institutions Code is amended to read:
18254. (a) Rates for wraparound services, under the wraparound
services program, shall be based on the following factors:
(1) The average cost of rate classification 10 to 11 in each
county, minus the cost of any concurrent out-of-home placement, for
children who are or would be placed in a rate level 10 or 11 group
home.
(2) The average cost of rate classification 12 to 14 in each
county, minus the cost of any concurrent out-of-home placement, for
children who are or would be placed in a rate level 12 to 14 group
home.
(b) (1) Prior to the 2011-12 fiscal year, the department shall
reimburse each county, for the purpose of providing intensive
wraparound services, up to 100 percent of the state share of
nonfederal funds, to be matched by each county's share of cost as
established by law, and to the extent permitted by federal law, up to
100 percent of the federal funds allocated for group home placements
of eligible children, at the rate authorized pursuant to subdivision
(a).
(2) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
(c) County, and to the extent permitted by federal law, federal,
foster care funds shall remain with the administrative authority of
the county, which may enter into an interagency agreement to transfer
those funds, and shall be used to provide intensive wraparound
services.
(d) Costs for the provision of benefits to eligible children, at
rates authorized by subdivision (a), through the wraparound services
program authorized by this chapter, shall not exceed the costs which
would otherwise have been incurred had the eligible children been
placed in a group home.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 87. Section 18254 is added to the
Welfare and Institutions Code , to read:
18254. (a) Commencing January 1, 2017, the rate for wraparound
services, under the wraparound services program, shall be eight
thousand five hundred seventy-three dollars ($8,573), based on the
average cost of rate classification levels 10.5 and 13 in effect for
the 2014-15 fiscal year.
(1) The rate was determined by using the existing rates determined
for the 2014-15 fiscal year for rate classification levels 10.5 and
13.
(A) Combining and calculating the average of the two.
(B) Minus the cost of any concurrent out-of-home placement for
children who are or would be placed in a rate classification level 10
to 11 and 12 to 14 group home, respectively.
(b) For each fiscal year, funding and expenditures for programs
and activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the Government
Code.
(c) County and federal foster care funds, to the extent permitted
by federal law, shall remain with the administrative authority of the
county, which may enter into an interagency agreement to transfer
those funds, and shall be used to provide intensive wraparound
services.
(d) Costs for the provision of benefits to eligible children, at
rates authorized by subdivision (a), through the wraparound services
program authorized by this chapter, shall not exceed the costs that
otherwise would have been incurred had the eligible children been
placed in a short-term residential treatment center.
(e) Commencing January 1, 2018, and each January 1 thereafter, an
annual cost-of-living increase shall be applied to the wraparound
rate, subject to the availability of county funds, equal to the
California Necessities Index used in the preparation of the May
Revision for the current fiscal year. This adjustment is not a
reimbursable mandate pursuant to Section 30026.5 of the Government
Code.
SEC. 88. (a) The State Department of Social
Services and the State Department of Health Care Services shall adopt
regulations as required to implement the provisions of this act.
(b) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the departments identified in subdivision (a) may implement and
administer the changes made by this legislation through all-county
letters or similar written instructions until regulations are
adopted.
SEC. 89. The Legislature finds and declares that
Section 85 of this act, which adds Section 16519.55 to the Welfare
and Institutions Code, imposes a limitation on the public's right of
access to the meetings of public bodies or the writings of public
officials and agencies within the meaning of Section 3 of Article I
of the California Constitution. Pursuant to that constitutional
provision, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need
for protecting that interest:
In order to encourage the recruitment of resource families, to
protect their personal privacy, and to preserve the security of
confidentiality of the placements with resource families, it is
necessary that the names, addresses, and other identifying
information of resource families not be disclosed by any state or
local agency pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), except as necessary for administering the resource
family approval program, facilitating the placement of children with
resource families, and providing names and addresses only to bona
fide professional foster parent organizations upon request.
SEC. 90. Except as required by Section 36 of
Article XIII of the California Constitution, no reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs because, in that regard,
this act implements a federal law or regulation and results in costs
mandated by the federal government, within the meaning of Section
17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution for certain costs that
may be incurred by a local agency or school district because, in that
regard, this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
With regard to other costs, to the extent that this act has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by the 2011
Realignment Legislation within the meaning of Section 36 of Article
XIII of the California Constitution, it shall apply to local agencies
only to the extent that the state provides annual funding for the
cost increase. Any new program or higher level of service provided by
a local agency pursuant to this act above the level for which
funding has been provided shall not require a subvention of funds by
the state nor otherwise be subject to Section 6 of Article XIII B of
the California Constitution.
SECTION 1. It is the intent of the Legislature
to enact legislation that would reform the continuum of care for
youth in foster care in the areas of placement setting,
accreditation, temporary transition strategies, foster family agency
licensure, provision of core services, residential treatment service
provisions, residential treatment center employment requirements,
rates, program auditing, and performance measures and transparency.