BILL NUMBER: AB 1997 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Mark Stone
FEBRUARY 16, 2016
An act to amend Section 7911.1 of the Family Code, to
amend Sections 1501.1, 1502, 1506.1, 1517, 1520.1, 1525.5,
and 1562.01 of of, and to add Section 1517.1
to, the Health and Safety Code, and to amend Sections
361.2, 366.26, 727, 4094.2, 11460, 11462,
11463.01, 11466, and 16519.5, 11466.21,
11466.22, 11469, 16514, 16519.5, and 16519.51 of the Welfare
and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1997, as amended, Mark Stone. Foster care.
Existing law provides for the early implementation, by counties
and foster family agencies, of the resource family approval process,
which is a unified, family friendly, and child-centered approval
process that replaces the multiple processes for licensing foster
family homes, approving relatives and nonrelative extended family
members as foster care providers, and approving adoptive families.
Existing law requires the State Department of Social Services to
implement the resource family approval process in all counties and
with all foster family agencies by January 1, 2017.
This bill would also provide that the resource family
approval process replaces the approval of guardians. The bill would
make conforming statutory changes related to the statewide
implementation of the resource family approval process, including
prohibiting the department from accepting applications to license
foster family homes on and after January 1, 2017. The bill would also
revise certain aspects of the resource family approval process,
including by requiring counties and foster family agencies to conduct
annual, announced inspections of resource family homes and to
inspect resource family homes as often as necessary to ensure the
quality of care provided, and by authorizing counties to grant, deny,
or rescind criminal records exemptions. By imposing additional
duties on counties, and by expanding the duties of foster family
agencies, for which the failure to comply is a crime, this bill would
impose a state-mandated local program.
Existing law requires the State Department of Social Services to
develop, implement, and maintain a ratesetting system for foster
family agencies that have been granted a specified rate exception
extension. Existing law makes these provisions inoperative on January
1, 2018.
This bill would instead make those provision inoperative on
January 1, 2019.
Existing law requires certain foster care providers, in accordance
with the federal Single Audit Act, to annually submit a financial
audit on its most recent fiscal period to the State Department of
Social Services, and would require the department to provide timely
notice to the providers of the date that submission of the financial
audits is required. Existing law provides that repeated late
financial audits may result in monetary penalties or termination of
the provider's rate.
This bill would delete the requirement that the department provide
timely notice of the date that submission of the financial audits is
required and would instead require those foster care providers to
submit a financial audit pursuant to Generally Accepted Government
Auditing Standards. The bill would instead provide that repeated late
submission of financial audits, repeat findings in financial audits,
or failure to comply with corrective action in a management decision
letter may result in monetary penalties or a reduction, suspension,
or termination of the provider's rate.
Existing law authorizes the juvenile court to make any reasonable
orders for the care, supervision, custody, conduct, maintenance, and
support of a minor or nonminor who is adjudged a ward of the court,
and provides that, once the court makes a placement order, it is the
sole responsibility of the probation agency to determine the
appropriate placement for the ward. Existing law requires, if a
placement is with a foster family agency or in a short-term
residential treatment center and is for longer than 12 months, the
placement to be approved by the chief probation officer or his or her
designee.
This bill would require, for youth 13 years of age and older, a
placement with a foster family agency or in a short-term residential
treatment center to be approved by the chief probation officer or his
or her designee, only if the placement is longer than 12 months.
Existing law, the California Community Care Facilities Act,
provides for the licensure of short-term residential treatment
centers, which are residential facilities licensed by the State
Department of Social Services and operated by any public agency or
private organization that provides short-term, specialized, and
intensive treatment, and 24-hour care and supervision to children. A
violation of the act is a crime.
This bill would require a private short-term residential treatment
center to be organized and operated on a nonprofit basis. By
expanding the scope of a crime, this bill would impose a
state-mandated local program.
Existing law requires, on and after January 1, 2017, a foster
family agency to have national accreditation, as specified, and
requires a short-term residential treatment center to have national
accreditation, as specified. Existing law also authorizes, in certain
circumstances, the department to extend the term of a foster family
agency's or short-term residential treatment center's provisional
license to 2 years if it determines that additional time is required
to secure that accreditation.
This bill would delete that authorization. The bill would specify
that a foster family agency licensed before January 1, 2017, has
until December 31, 2018, to obtain accreditation, and that a foster
family agency licensed on or after January 1, 2017, or a short-term
residential treatment center has up to 24 months from the date of
licensure to obtain accreditation. The bill would authorize the
department to revoke a foster family agency's or a short-term
treatment centers license for failure to obtain accreditation within
these timeframes.
Existing law generally requires, commencing January 1, 2017, a
community treatment facility program to have accreditation from a
nationally recognized accrediting entity identified by the State
Department of Social Services pursuant to a specified process.
Existing law provides that a community treatment facility program
that has been granted a specified extension does not have to comply
with that requirement until January 1, 2018.
This bill would provide that a community treatment facility
program that has been granted that specified extension does not have
to comply with the accreditation requirement until January 1, 2019.
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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
(2) On and after January 1, 2017, the licensing standards
applicable to out-of-state group homes certified by the department,
as described in paragraph (1) shall be those required of short-term
residential treatment centers operated in this state.
(3) In order to receive certification, the out-of-state group home
shall have a current license, or an equivalent approval, in good
standing issued by the appropriate authority or authorities of the
state in which it is operating.
(3)
( 4) On and after January 1, 2017, an
out-of-state group home program shall, in order to receive an AFDC-FC
rate, meet the requirements of paragraph (2) of subdivision (c) of
Section 11460 of the Welfare and Institutions Code.
(4)
( 5) 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.
Certifications
(6) Certifications made pursuant
to this subdivision shall be reviewed annually.
(d) 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.
SECTION 1. SEC. 2. Section 1501.1 of
the Health and Safety Code is amended to read:
1501.1. (a) It is the policy of the state to facilitate the
proper placement of every child in residential care facilities where
the placement is in the best interests of the child. A county may
require placement or licensing agencies, or both placement and
licensing agencies, to actively seek out-of-home care facilities
capable of meeting the varied needs of the child. Therefore, in
placing children in out-of-home care, particular attention should be
given to the individual child's needs, the ability of the facility to
meet those needs, the needs of other children in the facility, the
licensing requirements of the facility as determined by the licensing
agency, and the impact of the placement on the family reunification
plan.
(b) Pursuant to this section, children with varying designations
and varying needs, including, on and after January 1, 2012, nonminor
dependents, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, except as provided by statute, may be
placed in the same facility provided the facility is licensed,
complies with all licensing requirements relevant to the protection
of the child, and has a special permit, if necessary, to meet the
needs of each child so placed. A facility may not require, as a
condition of placement, that a child be identified as an individual
with exceptional needs as defined by Section 56026 of the Education
Code.
(c) Neither the requirement for any license nor any regulation
shall restrict the implementation of the provisions of this section.
Implementation of this section does not obviate the requirement for a
facility to be licensed by the department.
(d) Pursuant to this section, children with varying designations
and varying needs, including, on and after January 1, 2012, nonminor
dependents, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, except as provided by statute, may be
placed in the same licensed foster family home or with a foster
family agency for subsequent placement in a certified family home or
with a resource family. Children, including nonminor dependents, with
developmental disabilities, mental disorders, or physical
disabilities may be placed in licensed foster family homes or
certified family homes or with resource families, provided that an
appraisal of the child's or nonminor dependent's needs and the
ability of the receiving home to meet those needs is made jointly by
the placement agency and the licensee in the case of licensed foster
family homes or the placement agency and the foster family agency in
the case of certified family homes or resource families, and is
followed by written confirmation prior to placement. The appraisal
shall confirm that the placement poses no threat to any child in the
home.
(e) (1) For purposes of this chapter, the placing of children by
foster family agencies shall be referred to as "subsequent placement"
to distinguish the activity from the placing by public agencies.
(2) For purposes of this chapter, and unless otherwise specified,
references to a "child" shall include a "nonminor dependent" and
"nonminor former dependent or ward" as those terms are defined in
subdivision (v) and paragraph (1) of subdivision (aa) of Section
11400 of the Welfare and Institutions Code.
SEC. 2. SEC. 3. 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,
department, 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 organization, organized and
operated on a nonprofit basis, engaged in the
recruiting, any of the following:
(A) Recruiting, certifying,
approving, and training of, and providing professional support to,
foster parents and resource families, or in finding
families.
( B) Finding homes for
the placement of children for temporary or permanent care who
require that level of care. Private foster family agencies
shall be organized and operated on a nonprofit basis.
(C) Cooperatively matching children with resource families as
specified in Section 1517.
(5) (A) "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.
(B) On and after January 1, 2017, the department shall not accept
applications for foster family home licenses.
(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 adoption 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 licensed by the department pursuant to Section 1562.01 and
operated by any public agency or private organization that provides
short-term, specialized, and intensive treatment, and 24-hour care
and supervision to children. The care and supervision provided by a
short-term residential treatment center shall be nonmedical, except
as otherwise permitted by law. Private short-term residential
treatment centers shall be organized and operated on a nonprofit
basis.
(b) "Department" or "state department" means the State Department
of Social Services.
(c) "Director" means the Director of Social Services.
SEC. 4. Section 1506.1 of the Health and
Safety Code is amended 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) (1) On and after January 1, 2017, a A
foster family agency shall have national accreditation from an
entity identified by the department pursuant to the process described
in paragraph (8) of subdivision (b) of Section 11463 of the Welfare
and Institutions Code.
(2) Notwithstanding paragraph (1), the department may issue a
provisional license to a foster family agency and may extend the term
of the provisional license in order for the foster family agency to
secure accreditation as set forth in subdivision (c) of Section
1525.5.
(2) The following applies to a foster family agency licensed
before January 1, 2017:
(A) The foster family agency shall have until December 31, 2018,
to obtain accreditation.
(B) The foster family agency shall submit documentation of
accreditation or application for accreditation to the department in a
time and manner as determined by the department.
(C) The foster family agency shall provide documentation to the
department reporting its accreditation status as of January 1, 2018,
and July 1, 2018, in a time and manner as determined by the
department.
(3) The following applies to a foster family agency licensed on or
after January 1, 2017:
(A) The foster family agency shall have up to 24 months from the
date of licensure to obtain accreditation.
(B) The foster family agency applicant shall submit documentation
of accreditation or application for accreditation with its
application for licensure.
(C) The foster family agency shall provide documentation to the
department reporting its accreditation status at 12 months and at 18
months after the date of licensure.
(4) This subdivision does not preclude the department from
requesting additional information from the foster family agency
regarding its accreditation status.
(5) The department may revoke a foster family agency's license
pursuant to Article 5 (commencing with Section 1550) for failure to
obtain accreditation within the timeframes specified in this
subdivision.
(c) (1) On and after January 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.
(2) On and after January 1, 2017, a foster family agency's plan of
operation shall contain a plan for the supervision, evaluation, and
training of staff. The training plan shall be appropriate to meet the
needs of children, and it shall be consistent with the training
provided to resource families as set forth in Section 16519.5 of the
Welfare and Institutions Code.
(3) In addition to complying with the rules and regulations
adopted pursuant to this chapter, on and after January 1, 2017, a
foster family agency's plan of operation shall include a program
statement. The program statement shall contain a description of all
of the following:
(A) The core services and supports, as set forth in paragraph (5)
of subdivision (b) of Section 11463 of the Welfare and Institutions
Code, and as prescribed by the department, to be offered to children
and their families, as appropriate or as necessary.
(B) The treatment practices that will be used in serving children
and families.
(C) The procedures for the development, implementation, and
periodic updating of the needs and services plan for children placed
with the foster family agency or served by the foster family agency,
and procedures for collaborating with the child and family team as
described in paragraph (4) of subdivision (a) of Section 16501 of the
Welfare and Institutions Code, that includes, but is not limited to,
a description of the services to be provided to meet the treatment
needs of children assessed pursuant to subdivision (d) or (e) of
Section 11462.01 of the Welfare and Institutions Code.
(D) 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.
(E) A description of the population or populations to be served.
(F) Any other information that may be prescribed by the department
for the proper administration of this section.
(d) 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, on and after January 1, 2017, as set forth in
subdivision (g) of Section 11462.02 of the Welfare and Institutions
Code.
(e) The foster family agency's plan of operation shall demonstrate
the foster family agency's ability to provide treatment services to
meet the individual needs of children placed in licensed, approved,
or certified relative and nonrelative foster families, as specified
in Section 11402 of the Welfare and Institutions Code.
(f) The department shall have the authority to inspect a foster
family agency pursuant to the system of governmental monitoring and
oversight developed by the department on and after January 1, 2017,
pursuant to subdivision (c) of Section 11463 of the Welfare and
Institutions Code.
(g) The department shall establish procedures for a county review
process, at the county's option, for foster family agencies, which
may include the review of the foster family agency's program
statement, and which shall be established in consultation with the
County Welfare Directors Association of California, Chief Probation
Officers of California, and stakeholders, as appropriate.
SEC. 3. SEC. 5. Section 1517 of the
Health and Safety Code is amended to read:
1517. (a) (1) Pursuant to subdivision (a) of Section 16519.5 of
the Welfare and Institutions Code, the State Department of Social
Services, shall implement a unified, family friendly, and
child-centered resource family approval process to replace the
existing multiple processes for licensing foster family homes,
approving relatives and nonrelative extended family members as foster
care providers, and
approving guardians and adoptive families.
(2) For purposes of this section, a "resource family" means an
individual or family that has successfully met both the home
environment assessment and the permanency assessment criteria, as set
forth in Section 16519.5 of the Welfare and Institutions Code,
necessary for providing care for a related or unrelated child who is
under the jurisdiction of the juvenile court, or otherwise in the
care of a county child welfare agency or probation department.
(b) (1) A foster family agency shall comply with the provisions of
this section.
(2) Notwithstanding any other law, a foster family agency shall
require its applicants and resource families to meet the resource
family approval standards set forth in Section 16519.5 of the Welfare
and Institutions Code, the written directives or regulations adopted
thereto, and other applicable laws prior to approval and in order to
maintain approval.
(3) A foster family agency shall be responsible for all of the
following:
(A) Complying with the applicable provisions of this chapter, the
regulations for foster family agencies, the resource family approval
standards and requirements set forth in Section 16519.5 of the
Welfare and Institutions Code, and the applicable written directives
or regulations adopted thereto by the department.
(B) Implementing the requirements for the resource family approval
and utilizing standardized documentation established by the
department.
(C) Ensuring staff have the education and experience necessary to
complete the home environment and psychosocial assessments
competently.
(D) Taking the following actions, as applicable:
(i) Approving or denying resource family applications.
(ii) Rescinding approvals of resource families.
(E) Providing to the department a log of resource families that
were approved or rescinded during the month by the 10th day of the
following month. For purposes of subdivision (d) of Section 1536, a
certified family home includes a resource family approved by the
foster family agency pursuant to this section.
(F) (i) Updating resource family approval annually.
(ii) A foster family agency shall conduct an announced inspection
of a resource family home during the annual update in order to ensure
that the resource family is conforming to all applicable laws and
the written directives or regulations adopted pursuant to Section
16519.5 of the Welfare and Institutions Code.
(G) Monitoring resource families through all of the following:
(i) Ensuring that social workers who identify a condition in the
home that may not meet the resource family approval standards while
in the course of a routine visit to children subsequently placed with
a resource family take appropriate action as needed.
(ii) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the foster family
agency or the department may rescind the approval of the resource
family in accordance with the written directives or regulations
adopted pursuant to Section 16519.5 of the Welfare and Institutions
Code.
(iii) Requiring resource families to report to the foster family
agency any incidents as specified in the written directives or
regulations adopted pursuant to Section 16519.5 of the Welfare and
Institutions Code.
(iv) Inspecting resource family homes as often as necessary to
ensure the quality of care provided.
(H) Performing corrective action as required by the department.
(I) Submitting information and data that the department determines
is necessary to study, monitor, and prepare the report specified in
paragraph (6) of subdivision (f) of Section 16519.5 of the Welfare
and Institutions Code.
(J) (i) Ensuring applicants and resource families meet the
training requirements, and, if applicable, the specialized training
requirements set forth in Section 16519.5 of the Welfare and
Institutions Code.
(ii) Nothing in this section shall preclude a foster family agency
from requiring resource family training in excess of the
requirements in this section.
(4) A foster family agency may cooperatively match a child who is
under the care, custody, and control of a county with a resource
family for initial placement.
(c) In addition to subdivision (f) of Section 16519.5 of the
Welfare and Institutions Code, the State Department of Social
Services shall be responsible for all of the following:
(1) Requiring foster family agencies to monitor resource families,
including, but not limited to, developing and monitoring resource
family corrective action plans to correct identified deficiencies and
to rescind resource family approval if compliance with a corrective
action plan is not achieved.
(2) Investigating all complaints against a resource family
approved by a foster family agency and taking any action it deems
necessary. This shall include investigating any incidents reported
about a resource family indicating that the approval standard is not
being maintained. Complaint investigations shall be conducted in
accordance with the written directives or regulations adopted
pursuant to Section 16519.5 of the Welfare and Institutions Code.
(3) Rescinding approvals of a resource family approved by a foster
family agency.
(4) Excluding a resource family parent or other individual from
presence in a resource family home or licensed community care
facility, from being a member of the board of directors, an executive
director, or an officer of a licensed community care facility, or
prohibiting a licensed community care facility from employing the
resource family parent or other individual, if appropriate.
(5) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child from physical or mental abuse, abandonment,
or any other substantial threat to health or safety.
(6) Providing a resource family parent, applicant, excluded
individual, or individual who is the subject of a criminal record
exemption decision, requesting review of that decision, with due
process pursuant to the department's statutes, regulations, and
written directives.
(d) The department may enter and inspect the home of a resource
family approved by a foster family agency to secure compliance with
the resource family approval standards, investigate a complaint or
incident, or ensure the quality of care provided.
(e) Nothing in this section or in Chapter 5 (commencing
with Section 16500) of Part 4 of Division 9 Section
16519.5 and following of the Welfare and Institutions Code
limits the authority of the department to inspect, evaluate,
investigate a complaint or incident, or initiate a disciplinary
action against a foster family agency pursuant to this chapter or to
take any action it may deem necessary for the health and safety of
children subsequently placed with the foster family
agency.
(f) For purposes of paragraph (3) of subdivision (b) of Section
1523.1, a certified family home includes a resource family approved
by a foster family agency pursuant to this section.
(g) (1) The applicable certification and oversight processes shall
continue to be administered for foster homes certified by a foster
family agency prior to January 1, 2017, until the certification is
revoked or forfeited by operation of law pursuant to this
subdivision.
(2) A foster family agency shall approve or deny all certified
family home applications received on or before December 31, 2016, in
accordance with this chapter.
(g) (1)
(3) On and after January 1, 2017,
all licensed foster family agencies a foster family
agency shall not accept applications to certify foster homes and
shall approve resource families in lieu of certifying foster
homes. A foster family agency shall require its applicants
and resource families to meet the resource family approval standards
and requirements set forth in Section 16519.5 of the Welfare and
Institutions Code, the written directives or regulations adopted
thereto, and other applicable laws prior to approval and in order to
maintain approval.
(2)
( 4) No later than July 1, 2017, each foster
family agency shall provide the following information to all
certified family homes:
(A) A detailed description of the resource family approval
program.
(B) Notification that, in order to care for a foster child,
resource family approval is required by December 31, 2019.
(C) Notification that a certificate of approval shall be forfeited
by operation of law as provided for in paragraph (5).
(7).
(3)
( 5) By no later than January 1, 2018, the
following shall apply to all certified family homes:
(A) A certified family home with an approved adoptive home study,
completed prior to January 1, 2018, shall be deemed to be an approved
resource family.
(B) A certified family home that had a child in placement for any
length of time between January 1, 2017, and December 31, 2017,
inclusive, may be approved as a resource family on the date of
successful completion of a psychosocial assessment pursuant to
subparagraph (B) of paragraph (3) of subdivision (d) of Section
16519.5 of the Welfare and Institutions Code.
(4)
( 6) A foster family agency may provide
supportive services to all certified family homes with a child in
placement to assist with the resource family transition and to
minimize placement disruptions.
(5)
( 7) All certificates of approval shall be
forfeited by operation of law on December 31, 2019, except as
provided in this paragraph:
(A) A All certified family
home homes that did not have a child in
placement for at any length of
time between January 1, 2017, and December 31, 2017,
inclusive, shall forfeit the certificate of approval by
operation of law its certificate of approval on
January 1, 2018.
(B) For a certified family home with a
homes with pending resource family
application applications on December 31, 2019,
the certificate of approval shall be forfeited by operation of law on
the date of approval as a resource family. If approval is denied,
forfeiture by operation of law shall occur on the date of completion
of any proceedings required by law to ensure due process.
SEC. 6. Section 1517.1 is added to the
Health and Safety Code , to read:
1517.1. (a) (1) Pursuant to subdivision (a) of Section 16519.5 of
the Welfare and Institutions Code, the State Department of Social
Services shall implement a unified, family friendly, and
child-centered resource family approval process to replace the
existing multiple processes for licensing foster family homes,
approving relatives and nonrelative extended family members as foster
care providers, and approving guardians and adoptive families.
(2) For purposes of this section, a "resource family" means an
individual or family that has successfully met both the home
environment assessment and the permanency assessment criteria, as set
forth in Section 16519.5 of the Welfare and Institutions Code,
necessary for providing care for a related or unrelated child who is
under the jurisdiction of the juvenile court, or otherwise in the
care of a county child welfare agency or probation department.
(b) (1) The applicable licensure and oversight processes shall
continue to be administered for foster family homes licensed prior to
January 1, 2017, until the license or approval is revoked or
forfeited by operation of law pursuant to this section or Section
1524 of the Health and Safety Code.
(2) The department shall approve or deny all foster family home
license applications received on or before December 31, 2016, in
accordance with this chapter.
(3) On and after January 1, 2017, the department shall not accept
applications to license foster family homes.
(4) By no later than January 1, 2018, the following shall apply to
all foster family homes:
(A) A foster family home with an approved adoptive home study,
completed prior to January 1, 2018, shall be deemed to be an approved
resource family.
(B) A foster family home that had a child in placement for any
length of time between January 1, 2017, and December 31, 2017,
inclusive, may be approved as a resource family on the date of
successful completion of a psychosocial assessment pursuant to
subparagraph (B) of paragraph (3) of subdivision (d) of Section
16519.5 of the Welfare and Institutions Code.
(5) All foster family home licenses shall be forfeited by
operation of law on December 31, 2019, except as provided in this
paragraph:
(A) All licensed foster family homes that did not have a child in
placement at any time between January 1, 2017, and December 31, 2017,
inclusive, shall forfeit the license by operation of law on January
1, 2018.
(B) For foster family home licensees who have pending resource
family applications on December 31, 2019, the foster family home
license shall be forfeited by operation of law on the date of
approval as a resource family. If approval is denied, forfeiture by
operation of law shall occur on the date of completion of any
proceedings required by law to ensure due process.
SEC. 4. SEC. 7. 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
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) At the time of its review pursuant to paragraph (3), the
department may extend the provisional license for an additional
period of time not to exceed a total of 24 months, only if it
determines that this additional time period is required to secure
accreditation from an entity identified by the department pursuant to
the process described in paragraph (6) of subdivision (b) of Section
11462 of the Welfare and Institutions Code and provided that all
other requirements for a license have been met.
(5)
( 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.
(6)
( 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 or
governing body and every member of a short-term residential
treatment center's board of directors or governing body shall, prior
to becoming a member of the board of directors or governing body sign
a statement that he or she understands his or her legal duties and
obligations as a member of the board of directors or governing body
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 or governing body when the booklet is produced, the
licensee shall obtain this statement by the next scheduled meeting of
the board of directors or governing body. Compliance with this
paragraph shall be a condition of licensure.
(2) 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 or governing body of their roles and
responsibilities as members of a public benefit corporation under the
laws of this state. The information shall be included in a booklet,
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 or governing body.
(B) Disclosure requirements for self-dealing transactions.
(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of member terms, voting procedures, board or governing
body meetings, quorums, minutes of meetings, and, as provided for in
subdivision (f), 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, or when a time clock is used,
the payroll register shall be signed and dated, and those financial
records 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.
timesheets.
(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 or governing body. During these quarterly meetings, the
board of directors or governing body 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 or governing
body'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's or short-term
residential treatment center's board of directors or governing body
meetings to the department.
SEC. 5. SEC. 8. Section 1525.5 of
the Health and Safety Code is amended to read:
1525.5. (a) The department may issue provisional licenses to
operate community care facilities for facilities that the
director it determines are in substantial
compliance with this chapter and the rules and regulations adopted
pursuant to this chapter, provided that no life safety risks are
involved, as determined by the director.
department. In determining whether any life safety risks are
involved, the director department shall
require completion of all applicable fire clearances and criminal
record clearances as otherwise required by the department's rules and
regulations. The provisional license shall expire six months from
the date of issuance, or at any earlier time as the director
department may determine, and may not be
renewed. However, the director department
may extend the term of a provisional license for an additional
six months at time of application, if it is determined that more than
six months will be required to achieve full compliance with
licensing standards due to circumstances beyond the control of the
applicant, provided all other requirements for a license have been
met.
(b) This section shall not apply to foster family homes.
(c) The department may extend the term of a provisional license
issued to a foster family agency beyond the time limits specified in
subdivision (a), not to exceed a total of 24 months, if it determines
that this additional time is required to secure accreditation from
an entity identified by the department pursuant to paragraph (8) of
subdivision (b) of Section 11463 of the Welfare and Institutions Code
and provided that all other requirements for a license have been
met.
SEC. 6. SEC. 9. Section 1562.01 of
the Health and Safety Code is amended to read:
1562.01. (a) The department shall license short-term residential
treatment centers, as defined in paragraph (18) of subdivision (a) of
Section 1502, pursuant to this chapter. 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.
(b) (1) A short-term residential treatment center shall have
national accreditation from an entity identified by the department
pursuant to the process described in paragraph (6) of subdivision (b)
of Section 11462 of the Welfare and Institutions Code.
(2) Notwithstanding paragraph (1), the department may issue a
provisional license to a short-term residential treatment center and
may extend the term of the provisional license not to exceed a total
of 24 months in order for the short-term residential treatment center
to secure accreditation as set forth in subdivision (a) of Section
1520.1.
(2) A short-term residential treatment center applicant shall
submit documentation of accreditation or application for
accreditation with its application for licensure.
(3) A short-term residential treatment center shall have up to 24
months from the date of licensure to obtain accreditation.
(4) A short-term residential treatment center shall provide
documentation to the department reporting its accreditation status at
12 months and at 18 months after the date of licensure.
(5) This subdivision does not preclude the department from
requesting additional information from the short-term residential
treatment center regarding its accreditation status.
(6) The department may revoke a short-term residential treatment
center's license pursuant to Article 5 (commencing with Section 1550)
for failure to obtain accreditation within the timeframes specified
in this subdivision.
(c) A short-term residential treatment center shall obtain and
have in good standing a mental health certification, as set forth in
Section 4096.5 of the Welfare and Institutions Code.
(d) (1) A short-term residential treatment center shall prepare
and maintain a current, written plan of operation as required by the
department.
(2) The plan of operation shall include, but not be limited to,
all of the following:
(A) A statement of purposes and goals.
(B) A plan for the supervision, evaluation, and training of staff.
The training plan shall be appropriate to meet the needs of staff
and children.
(C) A program statement that includes 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) Procedures for the development, implementation, and periodic
updating of the needs and services plan for children served by the
short-term residential treatment center and procedures for
collaborating with the child and family team described in paragraph
(4) of subdivision (a) of Section 16501 of the Welfare and
Institutions Code, that include, but are not limited to, a
description of the services to be provided to meet the treatment
needs of the child as assessed, pursuant to subdivision (d) or (e) of
Section 11462.01 of the Welfare and Institutions Code, the
anticipated duration of the treatment, and the timeframe and plan for
transitioning the child to a less-restrictive
less restrictive family environment.
(iv) A description of the population or populations to be served.
(v) Any other information that may be prescribed by the department
for the proper administration of this section.
(e) 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.
(f) The department shall establish procedures for a county review
process, at the county's option, for short-term residential treatment
centers, which may include the review of the short-term residential
treatment center's program statement, and which shall be established
in consultation with the County Welfare Directors Association of
California, Chief Probation Officers of California, and stakeholders,
as appropriate.
(g) (1) The department shall adopt regulations to establish
requirements for the education, qualification, and training of
facility managers and staff who provide care and supervision to
children or who have regular, direct contact with children in the
course of their responsibilities 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 and qualification requirements.
(C) Any other requirements that may be prescribed by the
department for the proper administration of this section.
(h) The department shall adopt regulations to specify training
requirements for staff who provide care and supervision to children
or who have regular, direct contact with children in the course of
their responsibilities. These requirements shall include the
following:
(1) Timeframes for completion of training, including the
following:
(A) Training that shall be completed prior to unsupervised care of
children.
(B) Training to be completed within the first 180 days of
employment.
(C) Training to be completed annually.
(2) Topics to be covered in the training shall include, but are
not limited to, the following:
(A) Child and adolescent development, including sexual
orientation, gender identity, and gender expression.
(B) The effects of trauma, including grief and loss, and child
abuse and neglect on child development and behavior and methods to
behaviorally support children impacted by that trauma or child abuse
and neglect.
(C) The rights of a child in foster care, 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.
(D) Positive discipline and the importance of self-esteem.
(E) Core practice model.
(F) An overview of the child welfare and probation systems.
(G) Reasonable and prudent parent standard.
(H) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(I) Awareness and identification of commercial sexual exploitation
and best practices for providing care and supervision to
commercially sexually exploited children.
(J) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), its historical significance, the rights of children covered by
the act, and the best interests of Indian children, including the
role of the caregiver in supporting culturally appropriate child
centered practices that respect Native American history, culture,
retention of tribal membership, and connection to the tribal
community and traditions.
(K) Permanence, well-being, and educational needs of children.
(L) 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 Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code.
(M) Best practices for providing care and supervision to nonminor
dependents.
(N) Health issues in foster care.
(O) Physical and psychosocial needs of children, including
behavior management, deescalation techniques, and trauma-informed
crisis management planning.
(i) (1) Each person employed as a facility manager or staff member
of a short-term residential treatment center, who provides direct
care and supervision to children and youth residing in the short-term
residential treatment center shall be at least 21 years of age.
(2) This subdivision shall not apply to a facility manager or
staff member employed, before October 1, 2014, at a short-term
residential treatment center which was operating under a group home
license prior to January 1, 2016.
(j) Notwithstanding any other section of this chapter, the
department may 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.
(k) A short-term residential treatment center shall have a
qualified and certified administrator, as set forth in Section
1522.41.
(l) The department shall have the authority to inspect a
short-term residential treatment center pursuant to the system of
governmental monitoring and oversight developed by the department
pursuant to subdivision (c) of Section 11462 of the Welfare and
Institutions Code.
SEC. 10. Section 361.2 of the Welfare
and Institutions Code , as added by Section 48 of
Chapter 773 of the Statutes of 2015, 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 considering first 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 home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(7) 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.
(8) With a foster family agency, as defined in subdivision (g) of
Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of
the Health and Safety Code, to be placed in a suitable family home
certified or approved by the agency.
(9) A child of any age who is 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 and
paragraph (18) of subdivision (a) of Section 1502 of the Health and
Safety Code, shall have a case plan that 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. If the placement is
longer than six months, the placement shall be documented consistent
with paragraph (3) of subdivision (a) of Section 16501.1 and shall be
approved by the deputy director or director of the county child
welfare department.
(A) A child under six years of age shall not be placed in a
community care facility licensed as a group home for children, or a
short-term residential treatment center, except under the following
circumstances:
(i) When 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 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.
(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 shall
approve the continued placement no less frequently than every 60
days.
(iv) In addition, when a case plan indicates that placement is for
purposes of providing family reunification services. The
services, the facility shall offer family
reunification services that meet the needs of the individual child
and his or her family, permit parents to have reasonable access to
their children 24 hours a day, encourage extensive parental
involvement in meeting the daily needs of their children, and employ
staff trained to provide family reunification services. In addition,
one of the following conditions exists:
(I) The child's parent is also under the jurisdiction 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.
(B) 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 under the following
conditions.
(i) 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.
(ii) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of this
subparagraph shall apply to each extension. In addition, the deputy
director or director of the county child welfare department shall
approve the continued placement no less frequently than every 60
days.
(10) Any child placed in a short-term residential treatment center
shall be either of the following:
(A) A child who has been assessed as meeting one of the placement
requirements set forth in subdivisions (d) and (e) of Section
11462.01.
(B) A child under 6 years of age who is placed with his or her
minor parent or for the purpose of reunification pursuant to clause
(iv) of subparagraph (A) of paragraph (9).
(11) 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 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 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 that 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) If 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) If 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 family setting that promotes normal childhood experiences
and 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 normal childhood
experiences 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.
(l) This section shall become operative on January 1, 2017.
SEC. 11. Section 366.26 of the Welfare
and Institutions Code is amended to read:
366.26. (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (d)
of Section 360. The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings. Section 8616.5 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily. For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (d) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
(b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable,
permanent homes for these children, shall review the report as
specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate
that the court has read and considered it, shall receive other
evidence that the parties may present, and then shall make findings
and orders in the following order of preference:
(1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
(2) Order, without termination of parental rights, the plan of
tribal customary adoption, as described in Section 366.24, through
tribal custom, traditions, or law of the Indian child's tribe, and
upon the court affording the tribal customary adoption order full
faith and credit at the continued selection and implementation
hearing, order that a hearing be set pursuant to paragraph (2) of
subdivision (e).
(3) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.
(4) On making a finding under paragraph (3) of subdivision (c),
identify adoption or tribal customary adoption as the permanent
placement goal and order that efforts be made to locate an
appropriate adoptive family for the child within a period not to
exceed 180 days.
(5) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.
(6) Order that the child be permanently placed with a fit and
willing relative, subject to the periodic review of the juvenile
court under Section 366.3.
(7) Order that the child remain in foster care, subject to the
conditions described in paragraph (4) of subdivision (c) and the
periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
(c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that it
is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not
likely the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for six
months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody of
the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental
rights. Under these circumstances, the court shall terminate parental
rights unless either of the following applies:
(A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with a
stable and permanent environment through legal guardianship, and the
removal of the child from the custody of his or her relative would be
detrimental to the emotional well-being of the child. For purposes
of an Indian child, "relative" shall include an "extended family
member," as defined in the federal Indian Child Welfare Act of 1978
(25 U.S.C. Sec. 1903(2)).
(B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more of
the following circumstances:
(i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.
(ii) A child 12 years of age or older objects to termination of
parental rights.
(iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
(iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her foster parent or Indian custodian would be detrimental to
the emotional well-being of the child. This clause does not apply to
any child who is either (I) under six years of age or (II) a member
of a sibling group where at least one child is under six years of age
and the siblings are, or should be, permanently placed together.
(v) There would be substantial interference with a child's sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong bonds
with a sibling, and whether ongoing contact is in the child's best
interest, including the child's long-term emotional interest, as
compared to the benefit of legal permanence through adoption.
(vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be in
the best interest of the child, including, but not limited to:
(I) Termination of parental rights would substantially interfere
with the child's connection to his or her tribal community or the
child's tribal membership rights.
(II) The child's tribe has identified guardianship, foster care
with a fit and willing relative, tribal customary adoption, or
another planned permanent living arrangement for the child.
(III) The child is a nonminor dependent, and the nonminor and the
nonminor's tribe have identified tribal customary adoption for the
nonminor.
(C) For purposes of subparagraph (B), in the case of tribal
customary adoptions, Section 366.24 shall apply.
(D) If the court finds that termination of parental rights would
be detrimental to the child pursuant to clause (i), (ii), (iii),
(iv), (v), or (vi), it shall state its reasons in writing or on the
record.
(2) The court shall not terminate parental rights if:
(A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered or
provided.
(B) In the case of an Indian child:
(i) At the hearing terminating parental rights, the court has
found that active efforts were not made as required in Section 361.7.
(ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more "qualified
expert witnesses" as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.
(iii) The court has ordered tribal customary adoption pursuant to
Section 366.24.
(3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order that
efforts be made to locate an appropriate adoptive family for the
child, within the state or out of the state, within a period not to
exceed 180 days. During this 180-day period, the public agency
responsible for seeking adoptive parents for each child shall, to the
extent possible, ask each child who is 10 years of age or older, to
identify any individuals, other than the child's siblings, who are
important to the child, in order to identify potential adoptive
parents. The public agency may ask any other child to provide that
information, as appropriate. During the 180-day period, the public
agency shall, to the extent possible, contact other private and
public adoption agencies regarding the availability of the child for
adoption. During the 180-day period, the public agency shall conduct
the search for adoptive parents in the same manner as prescribed for
children in Sections 8708 and 8709 of the Family Code. At the
expiration of this period, another hearing shall be held and the
court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6)
of subdivision (b). For purposes of this section, a child may only be
found to be difficult to place for adoption if there is no
identified or available prospective adoptive parent for the child
because of the child's membership in a sibling group, or the presence
of a diagnosed medical, physical, or mental handicap, or the child
is seven years of age or more.
(4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the
child, because one of the conditions in clause (i), (ii), (iii),
(iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in
paragraph (2) applies, the court shall order that the present
caretakers or other appropriate persons shall become legal guardians
of the child, or, in the case of an Indian child, consider a tribal
customary adoption pursuant to Section 366.24. Legal guardianship
shall be considered before continuing the child in foster care under
any other permanent plan, if it is in the best interests of the child
and if a suitable guardian can be found. If the child continues in
foster care, the court shall make factual findings identifying any
barriers to achieving adoption, tribal customary adoption in the case
of an Indian child, legal guardianship, or placement with a fit and
willing relative as of the date of the hearing. A child who is 10
years of age or older, shall be asked to identify any individuals,
other than the child's siblings, who are important to the child, in
order to identify potential guardians or, in the case of an Indian
child, prospective tribal customary adoptive parents. The agency may
ask any other child to provide that information, as appropriate.
(B) (i) If the child is living with an approved relative who is
willing and capable of providing a stable and permanent environment,
but not willing to become a legal guardian as of the hearing date,
the court shall order a permanent plan of placement with a fit and
willing relative, and the child shall not be removed from the home if
the court finds the removal would be seriously detrimental to the
emotional well-being of the child because the child has substantial
psychological ties to the relative caretaker.
(ii) If the child is living with a nonrelative caregiver who is
willing and capable of providing a stable and permanent environment,
but not willing to become a legal guardian as of the hearing date,
the court shall order that the child remain in foster care with a
permanent plan of return home, adoption, legal guardianship, or
placement with a fit and willing relative, as appropriate. If the
child is 16 years of age or older, or a nonminor dependent, and no
other permanent plan is appropriate at the time of the hearing, the
court may order another planned permanent living arrangement, as
described in paragraph (2) of subdivision (i) of Section 16501.
Regardless of the age of the child, the child shall not be removed
from the home if the court finds the removal would be seriously
detrimental to the emotional well-being of the child because the
child has substantial psychological ties to the caregiver.
(iii) If the child is living in a group home or, on or after
January 1, 2017, a short-term residential treatment center, the court
shall order that the child remain in foster care with a permanent
plan of return home, adoption, tribal customary adoption in the case
of an Indian child, legal guardianship, or placement with a fit and
willing relative, as appropriate. If the child is 16 years of age or
older, or a nonminor dependent, and no other permanent plan is
appropriate at the time of the hearing, the court may order another
planned permanent living arrangement, as described in paragraph (2)
of subdivision (i) of Section 16501.
(C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of the
evidence that the visitation would be detrimental to the physical or
emotional well-being of the child.
(5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, that
placement with a fit and willing relative is not appropriate as of
the hearing date, and that there are no suitable foster parents
except exclusive-use homes available to provide the child with a
stable and permanent environment, the court may order the care,
custody, and control of the child transferred from the county welfare
department to a licensed foster family agency. The court shall
consider the written recommendation of the county welfare director
regarding the suitability of the transfer. The transfer shall be
subject to further court orders.
The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home that has been certified by
the agency as meeting licensing standards. The licensed foster family
agency shall be responsible for supporting the child and providing
appropriate services to the child, including those services ordered
by the court. Responsibility for the support of the child shall not,
in and of itself, create liability on the part of the foster family
agency to third persons injured by the child. Those children whose
care, custody, and control are transferred to a foster family agency
shall not be eligible for foster care maintenance payments or child
welfare services, except for emergency response services pursuant to
Section 16504.
(d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, subdivision (b) of Section 366.22, and
subdivision (b) of Section 366.25 shall be read and considered by the
court prior to the appointment, and this shall be reflected in the
minutes of the court. The person preparing the assessment may be
called and examined by any party to the proceeding.
(e) (1) The proceeding for the adoption of a child who is a
dependent of the juvenile court shall be in the juvenile court if the
court finds pursuant to this section that adoption is the
appropriate permanent plan and the petition for adoption is filed in
the juvenile court. Upon the filing of a petition for adoption, the
juvenile court shall order that an adoption hearing be set. The court
shall proceed with the adoption after the appellate rights of the
natural parents have been exhausted. The full report required by
Section 8715 of the Family Code shall be read and considered by the
court prior to the adoption and this shall be reflected in the
minutes of the court. The person preparing the report may be called
and examined by any party to the proceeding. It is the intent of the
Legislature, pursuant to this subdivision, to give potential adoptive
parents the option of filing in the juvenile court the petition for
the adoption of a child who is a dependent of the juvenile court.
Nothing in this section is intended to prevent the filing of a
petition for adoption in any other court as permitted by law, instead
of in the juvenile court.
(2) In the case of an Indian child, if the Indian child's tribe
has elected a permanent plan of tribal customary adoption, the court,
upon receiving the tribal customary adoption order will afford the
tribal customary adoption order full faith and credit to the same
extent that the court would afford full faith and credit to the
public acts, records, judicial proceedings, and judgments of any
other entity. Upon a determination that the tribal customary adoption
order may be afforded full faith and credit, consistent with Section
224.5, the court shall thereafter order a hearing to finalize the
adoption be set upon the filing of the adoption petition. The
prospective tribal customary adoptive parents and the child who is
the subject of the tribal customary adoption petition shall appear
before the court for the finalization hearing. The court shall
thereafter issue an order of adoption pursuant to Section 366.24.
(3) If a child who is the subject of a finalized tribal customary
adoption shows evidence of a developmental disability or mental
illness as a result of conditions existing before the tribal
customary adoption to the extent that the child cannot be
relinquished to a licensed adoption agency on the grounds that the
child is considered unadoptable, and of which condition the tribal
customary adoptive parent or parents had no knowledge or notice
before the entry of the tribal customary adoption order, a petition
setting forth those facts may be filed by the tribal customary
adoptive parent or parents with the juvenile court that granted the
tribal customary adoption petition. If these facts are proved to the
satisfaction of the juvenile court, it may make an order setting
aside the tribal customary adoption order. The set-aside petition
shall be filed within five years of the issuance of the tribal
customary adoption order. The court clerk shall immediately notify
the child's tribe and the department in Sacramento of the petition
within 60 days after the notice of filing of the petition. The
department shall file a full report with the court and shall appear
before the court for the purpose of representing the child. Whenever
a final decree of tribal customary adoption has been vacated or set
aside, the child shall be returned to the custody of the county in
which the proceeding for tribal customary adoption was finalized. The
biological parent or parents of the child may petition for return of
custody. The disposition of the child after the court has entered an
order to set aside a tribal customary adoption shall include
consultation with the child's tribe.
(f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
(1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.
(2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his or
her parent. The public defender or private counsel may be appointed
as counsel for the parent.
(3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court. The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just. However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
(g) The court may continue the proceeding for a period of time not
to exceed 30 days as necessary to appoint counsel, and to enable
counsel to become acquainted with the case.
(h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
(2) In accordance with Section 349, the child shall be present in
court if the child or the child's counsel so requests or the court so
orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to
attend the hearing and inquire as to the reason why the child is not
present.
(3) (A) The testimony of the child may be taken in chambers and
outside the presence of the child's parent or parents, if the child's
parent or parents are represented by counsel, the counsel is
present, and any of the following circumstances exists:
(i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
(ii) The child is likely to be intimidated by a formal courtroom
setting.
(iii) The child is afraid to testify in front of his or her parent
or parents.
(B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony or
have the testimony summarized by counsel for the parent or parents.
(C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.
(i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and upon all other persons who have
been served with citation by publication or otherwise as provided in
this chapter. After making the order, the juvenile court shall have
no power to set aside, change, or modify it, except as provided in
paragraph (2), but nothing in this section shall be construed to
limit the right to appeal the order.
(2) A tribal customary adoption order evidencing that the Indian
child has been the subject of a tribal customary adoption shall be
afforded full faith and credit and shall have the same force and
effect as an order of adoption authorized by this section. The rights
and obligations of the parties as to the matters determined by the
Indian child's tribe shall be binding on all parties. A court shall
not order compliance with the order absent a finding that the party
seeking the enforcement participated, or attempted to participate, in
good faith, in family mediation services of the court or dispute
resolution through the tribe regarding the conflict, prior to the
filing of the enforcement action.
(3) A child who has not been adopted after the passage of at least
three years from the date the court terminated parental rights and
for whom the court has determined that adoption is no longer the
permanent plan may petition the juvenile court to reinstate parental
rights pursuant to the procedure prescribed by Section 388. The child
may file the petition prior to the expiration of this three-year
period if the State Department of Social Services, county adoption
agency, or licensed adoption agency that is responsible for custody
and supervision of the child as described in subdivision (j) and the
child stipulate that the child is no longer likely to be adopted. A
child over 12 years of age shall sign the petition in the absence of
a showing of good cause as to why the child could not do so. If it
appears that the best interests of the child may be promoted by
reinstatement of parental rights, the court shall order that a
hearing be held and shall give prior notice, or cause prior notice to
be given, to the social worker or probation officer and to the child'
s attorney of record, or, if there is no attorney of record for the
child, to the child, and the child's tribe, if applicable, by means
prescribed by subdivision (c) of Section 297. The court shall order
the child or the social worker or probation officer to give prior
notice of the hearing to the child's former parent or parents whose
parental rights were terminated in the manner prescribed by
subdivision (f) of Section 294 where the recommendation is adoption.
The juvenile court shall grant the petition if it finds by clear and
convincing evidence that the child is no longer likely to be adopted
and that reinstatement of parental rights is in the child's best
interest. If the court reinstates parental rights over a child who is
under 12 years of age and for whom the new permanent plan will not
be reunification with a parent or legal guardian, the court shall
specify the factual basis for its findings that it is in the best
interest of the child to reinstate parental rights. This subdivision
is intended to be retroactive and applies to any child who is under
the jurisdiction of the juvenile court at the time of the hearing
regardless of the date parental rights were terminated.
(j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, or declares the child
eligible for tribal customary adoption, the court shall at the same
time order the child referred to the State Department of Social
Services, county adoption agency, or licensed adoption agency for
adoptive placement by the agency. However, except in the case of a
tribal customary adoption where there is no termination of parental
rights, a petition for adoption may not be granted until the
appellate rights of the natural parents have been exhausted. The
State Department of Social Services, county adoption agency, or
licensed adoption agency shall be responsible for the custody and
supervision of the child and shall be entitled to the exclusive care
and control of the child at all times until a petition for adoption
or tribal customary adoption is granted, except as specified in
subdivision (n). With the consent of the agency, the court may
appoint a guardian of the child, who shall serve until the child is
adopted.
(k) Notwithstanding any
other law, the application of any person who, as a relative
caretaker or foster parent, has cared for a dependent child for whom
the court has approved a permanent plan for adoption, or who has been
freed for adoption, shall be given preference with respect to that
child over all other applications for adoptive placement if the
agency making the placement determines that the child has substantial
emotional ties to the relative caretaker or foster parent and
removal from the relative caretaker or foster parent would be
seriously detrimental to the child's emotional well-being.
As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
(l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:
(A) A petition for extraordinary writ review was filed in a timely
manner.
(B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
(C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
(2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
(3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
(A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.
(B) The prompt transmittal of the records from the trial court to
the appellate court.
(C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
(D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
(4) The intent of this subdivision is to do both of the following:
(A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant
to this section.
(B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
(5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
(m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
(n) (1) Notwithstanding Section 8704 of the Family Code or any
other law, the court, at a hearing held pursuant to this section or
anytime thereafter, may designate a current caretaker as a
prospective adoptive parent if the child has lived with the caretaker
for at least six months, the caretaker currently expresses a
commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision (i)
of Section 366.21 as an appropriate person to be considered as an
adoptive parent for the child and the recommendation of the State
Department of Social Services, county adoption agency, or licensed
adoption agency.
(2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:
(A) Applying for an adoption home study.
(B) Cooperating with an adoption home study.
(C)
( A) Being designated by the court or the
adoption agency as the adoptive family.
(D)
( B) Requesting de facto parent status.
(E)
( C) Signing an adoptive placement
agreement.
(F)
( D) Engaging in discussions regarding a
postadoption contact agreement.
(G)
( E) Working to overcome any impediments
that have been identified by the State Department of Social Services,
county adoption agency, or licensed adoption agency.
(H)
( F) Attending classes required of
prospective adoptive parents.
(3) Prior to a change in placement and as soon as possible after a
decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be designated
as a prospective adoptive parent pursuant to paragraph (1) on the
date of service of this notice, the child's attorney, and the child,
if the child is 10 years of age or older, of the proposal in the
manner described in Section 16010.6.
(A) Within five court days or seven calendar days, whichever is
longer, of the date of notification, the child, the child's attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the proposal.
The court may, for good cause, extend the filing period. A caretaker
who would have met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1) on the date of
service of the notice of proposed removal of the child may file,
together with the petition under this subparagraph, a petition for an
order designating the caretaker as a prospective adoptive parent for
purposes of this subdivision.
(B) A hearing ordered pursuant to this paragraph shall be held as
soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child's best interest, and the
child may not be removed from the home of the designated prospective
adoptive parent unless the court finds that removal is in the child's
best interest. If the court determines that the caretaker did not
meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.
(C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1) or
subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department, county
adoption agency, or licensed adoption agency, unless the caretaker
has been declared a de facto parent by the court prior to the notice
of removal served pursuant to paragraph (3).
(D) If a petition objecting to the proposal to remove the child is
not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.
(4) Notwithstanding paragraph (3), if the State Department of
Social Services, county adoption agency, or licensed adoption agency
determines that the child must be removed from the home of the
caretaker who is or may be a designated prospective adoptive parent
immediately, due to a risk of physical or emotional harm, the agency
may remove the child from that home and is not required to provide
notice prior to the removal. However, as soon as possible and not
longer than two court days after the removal, the agency shall notify
the court, the caretaker who is or may be a designated prospective
adoptive parent, the child's attorney, and the child, if the child is
10 years of age or older, of the removal. Within five court days or
seven calendar days, whichever is longer, of the date of notification
of the removal, the child, the child's attorney, or the caretaker
who is or may be a designated prospective adoptive parent may
petition for, or the court on its own motion may set, a noticed
hearing pursuant to paragraph (3). The court may, for good cause,
extend the filing period.
(5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this
subdivision shall not be appealable.
(6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding to
alleged abuse or neglect of a child pursuant to Section 11165.5 of
the Penal Code.
(7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.
SEC. 12. Section 727 of the Welfare and
Institutions Code is amended to read:
727. (a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor
or nonminor, including medical treatment, subject to further order of
the court.
(2) In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court,
in so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor or nonminor who has been adjudged a ward of the court on the
basis of the commission of any of the offenses described in
subdivision (b) or paragraph (2) of subdivision (d) of Section 707,
Section 459 of the Penal Code, or subdivision (a) of Section 11350 of
the Health and Safety Code, shall not be eligible for probation
without supervision of the probation officer. A minor or nonminor who
has been adjudged a ward of the court on the basis of the commission
of any offense involving the sale or possession for sale of a
controlled substance, except misdemeanor offenses involving
marijuana, as specified in Chapter 2 (commencing with Section 11053)
of Division 10 of the Health and Safety Code, or of an offense in
violation of Section 32625 of the Penal Code, shall be eligible for
probation without supervision of the probation officer only when the
court determines that the interests of justice would best be served
and states reasons on the record for that determination.
(3) In all other cases, the court shall order the care, custody,
and control of the minor or nonminor to be under the supervision of
the probation officer.
(4) It is the sole responsibility pursuant to 42 U.S.C. Section
672(a)(2)(B) of the probation agency to determine the appropriate
placement for the ward once the court issues a placement order. In
determination of the appropriate placement for the ward, the
probation officer shall consider any recommendations of the child and
family. The probation agency may place the minor or nonminor in any
of the following:
(A) The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7. If
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caregiver were the custodial parent of the minor.
(B) A foster home, the approved home of a resource family as
defined in Section 16519.5, or a home or facility in accordance with
the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(C) A suitable licensed community care facility, as identified by
the probation officer, 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.
(D) A foster family agency, as defined in subdivision (g) of
Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of
the Health and Safety Code, in a suitable program in a family home,
which has been certified by the agency as meeting licensing
standards. Commencing January 1, 2017, the requirements of Section
11462.01 shall be met.
(E) Commencing January 1, 2017, a minor or nonminor dependent may
be placed in a short-term residential treatment center as defined in
subdivision (ad) of Section 11400 and paragraph (18) of subdivision
(a) of Section 1502 of the Health and Safety Code, or a foster family
agency, as defined in paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code. The placing agency shall also
comply with requirements set forth in paragraph (9) of subdivision
(e) of Section 361.2, which includes, but is not limited to,
authorization, limitation on length of stay, extensions, and
additional requirements related to minors. If the placement
is longer than 12 months, For youth 13 years of age
and older, the placement shall be approved by the chief
probation officer of the county probation department, or his or her
designee. designee, only if the placement is
longer than 12 months.
(F) (i) Every minor adjudged a ward of the juvenile court shall be
entitled to participate in age-appropriate extracurricular,
enrichment, and social activities. A state or local regulation or
policy shall not prevent, or create barriers to, participation in
those activities. Each state and local entity shall ensure that
private agencies that provide foster care services to wards have
policies consistent with this section and that those agencies promote
and protect the ability of wards to participate in age-appropriate
extracurricular, enrichment, and social activities. A group home
administrator, a facility manager, or his or her responsible
designee, and a caregiver, as defined in paragraph (1) of subdivision
(a) of Section 362.04, shall use a reasonable and prudent parent
standard, as defined in paragraph (2) of subdivision (a) of Section
362.04, in determining whether to give permission for a minor
residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor's age, maturity, and
developmental level.
(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor at
the group home in applying and using the reasonable and prudent
parent standard.
(G) For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.
(5) The minor or nonminor shall be released from juvenile
detention upon an order being entered under paragraph (3), unless the
court determines that a delay in the release from detention is
reasonable pursuant to Section 737.
(b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a minor, for whom a
petition has been filed under Section 601 or 602, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision (v) of Section 11400. In any proceeding in which an
agency is joined, the court shall not impose duties upon the agency
beyond those mandated by law. The purpose of joinder under this
section is to ensure the delivery and coordination of legally
mandated services to the minor. The joinder shall not be maintained
for any other purpose. Nothing in this section shall prohibit
agencies that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services.
(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency that
has been joined as a party, that the minor, nonminor, or nonminor
dependent is eligible for those services. With respect to mental
health assessment, treatment, and case management services pursuant
to an individualized education program developed pursuant to Article
2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division
4 of Title 2 of the Education Code, the court's determination shall
be limited to whether the agency has complied with that chapter.
(3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
(c) If a minor has been adjudged a ward of the court on the ground
that he or she is a person described in Section 601 or 602, and the
court finds that notice has been given in accordance with Section
661, and if the court orders that a parent or guardian shall retain
custody of that minor either subject to or without the supervision of
the probation officer, the parent or guardian may be required to
participate with that minor in a counseling or education program,
including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c), including orders
to appear before a county financial evaluation officer, to ensure the
minor's regular school attendance, and to make reasonable efforts to
obtain appropriate educational services necessary to meet the needs
of the minor.
If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.
SEC. 7. SEC. 13. 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.
(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 ratesetting system.
(2) Except as otherwise provided in paragraph (3), commencing
January 1, 2017, 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.
(3) With respect to a program that has been granted an extension
pursuant to the exception process described in subdivision (d) of
Section 11462.04, the requirement described in paragraph (2) shall
apply to that program commencing January 1, 2019.
(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 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. 14. 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 or youth 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 or youth 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 program provider that are not otherwise considered daily
supervision or administration activities, but are eligible for
federal financial participation under Title IV-E of the federal
Social Security Act.
(3) The department, in consultation with the California State
Foster Parent Association, and other interested stakeholders, shall
provide information to the Legislature, no later than January 1,
2017, regarding the availability and cost for liability and property
insurance covering acts committed by children in care, and shall make
recommendations for any needed program development in this area.
(c) It is the intent of the Legislature to establish the maximum
level of financial participation in out-of-state foster care group
home program rates 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 financial participation in the
rate paid for out-of-state placements in facilities described in
subdivision (g) of Section 11402. The department shall consider all
of the following methods:
(A) Until December 31, 2016, a standardized system based on the
rate classification level of care and services per child per month.
(B) The rate developed for a short-term residential treatment
center pursuant to Section 11462.
(C) A system that considers the actual allowable and reasonable
costs of care and supervision incurred by the out-of-state program.
(D) A system that considers the rate established by the host
state.
(E) Any other appropriate methods as determined by the department.
(2) Reimbursement for the Aid to Families with Dependent
Children-Foster Care rate to be paid to an out-of-state program
described in subdivision (g) of Section 11402 shall only be paid to
programs that have done all of the following:
(A) Submitted a rate application to the department, which shall
include, but not be limited to, both of the following:
(i) Commencing January 1, 2017, unless granted an extension
from the department pursuant to subdivision (d) of Section 11462.04,
the equivalent of the mental health certification required in
Section 4096.5.
(ii) Commencing January 1, 2017, unless granted an extension from
the department pursuant to subdivision (d) of Section 11462.04, the
national accreditation required in paragraph (5) of subdivision (b)
of Section 11462.
(B) Maintained a level of financial participation that shall not
exceed any of the following:
(i) The current fiscal year's standard rate for rate
classification level 14 for a group home.
(ii) Commencing January 1, 2017, the current fiscal year's rate
for a short-term residential treatment center.
(iii) The rate determined by the ratesetting authority of the
state in which the facility is located.
(C) Agreed to comply with information requests, and program and
fiscal audits as determined necessary by the department.
(3) Except as specifically provided for in statute, reimbursement
for an AFDC-FC rate 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, 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. 8. SEC. 15. Section 11462 of
the Welfare and Institutions Code, as added by Section 72 of Chapter
773 of the Statutes of 2015, is amended 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, in consultation with county
placing agencies and providers.
(b) The department shall develop a rate system that includes
consideration of all of the following factors:
(1) Core services, made available to children and nonminor
dependents either directly or secured through formal agreements with
other agencies, which are trauma informed and culturally relevant and
include:
(A) Specialty mental health services for children who meet medical
necessity criteria for specialty mental health services under the
Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment
program.
(B) Transition support services for children, youth, and families
upon initial entry and placement changes and for families who assume
permanency through reunification, adoption, or guardianship.
(C) Educational and physical, behavioral, and mental health
supports, including extracurricular activities and social supports.
(D) Activities designed to support transition-age youth and
nonminor dependents in achieving a successful adulthood.
(E) Services to achieve permanency, including supporting efforts
to reunify or achieve adoption or guardianship and efforts to
maintain or establish relationships with parents, siblings, extended
family members, tribes, or others important to the child or youth, as
appropriate.
(F) When serving Indian children, as defined in subdivisions (a)
and (b) of Section 224.1, the core services described in
paragraphs subparagraphs (A) to (E), inclusive,
which shall be provided to eligible children consistent with active
efforts pursuant to Section 361.7.
(G) (i) Facilitating the identification and, as needed, the
approval of resource families pursuant to Section 16519.5, for the
purpose of transitioning children and youth to family-based care.
(ii) If a short-term residential treatment center elects to
approve and monitor resource families directly, the center shall
comply with all laws applicable to foster family agencies, including,
but not limited to, those set forth in the Community Care Facilities
Act (Chapter 3 (commencing with Section 1500) of Division 2 of the
Health and Safety Code).
(iii) For short-term residential treatment centers that elect to
approve and monitor resource families directly, the department shall
have all the same duties and responsibilities as those centers have
for licensed foster family agencies, as set forth in applicable law,
including, but not limited to, those set forth in the Community Care
Facilities Act (Chapter 3 (commencing with Section 1500) of Division
2 of the Health and Safety Code).
(2) The core services specified in subparagraphs (A) to (G),
inclusive, of paragraph (1) are not intended to duplicate services
already available to foster children in the community, but to support
access to those services and supports to the extent they are already
available. Those services and supports may include, but are not
limited to, foster youth services available through county offices of
education, Indian Health Services, or school-based
extra-curricular extracurricular activities.
(3) Specialized and intensive treatment supports that encompass
the elements of nonmedical care and supervision necessary to meet a
child's or youth's safety and other needs that cannot be met in a
family-based setting.
(4) Staff training.
(5) Health and Safety Code requirements.
(6) Accreditation that includes:
(A) Provision for all licensed short-term residential treatment
centers to obtain and maintain in good standing accreditation from a
nationally recognized accreditation agency, as identified by the
department, with expertise in programs for children or 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.
(7) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.
(8) 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. The state agencies shall
attempt to minimize duplicative audits and reviews to reduce the
administrative burden on providers.
(d) This section shall become operative on January 1, 2017.
SEC. 16. Section 11463.01 of the
Welfare and Institutions Code is amended to read:
11463.01. (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, 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.
(c) The department shall develop and maintain regulations
specifying the procedures for the appeal of department decisions
about the setting of an agency's rate.
(d) No supplemental clothing allowance shall be provided, because
the rate issued in accordance with paragraph (1) of subdivision (g)
takes the cost of clothing into account.
(e) The schedule of rates for foster family agencies as set forth
in Section 11463, as that section read on January 1, 2015, shall
apply for purposes of, and may be modified pursuant to, this section.
(f) (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.
(g) (1) 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
placed 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) of Section 11463, as that section read on
January 1, 2015.
(h) Notwithstanding any other law, the changes to the basic rate
payment specified in subdivision (g) 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 (g). 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.
(i) 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.
(j) (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,
2016. 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.
(k) This section shall only apply to a foster family agency that
has been granted an extension pursuant to the exception process
described in subdivision (d) of Section 11463.1.
(l) This section shall become operative on January 1, 2017.
(m) This section shall remain in effect only until January 1,
2018, 2019, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2018, 2019, deletes or
extends that date.
SEC. 9. SEC. 17. Section 11466 of
the Welfare and Institutions Code is amended to read:
11466. For the purposes of this section to Section 11469.1,
inclusive, "provider" shall mean a group home, short-term residential
treatment center, a foster family agency, and similar foster care
business entities.
SEC. 18. 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, a foster family agency that provides
treatment services, agency, a short-term
residential treatment center, and other similar business entities
providing foster care, 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 Section 200.501 of Title 2
of the Code of Federal Regulations 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, all-county letter, or similar
written instructions.
(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 Section 200.501 of Title 2
of the Code of Federal Regulations shall annually submit
a financial audit to the department a financial
audit on its most recent fiscal period. 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. pursuant to Generally Accepted
Government Auditing Standards (GAGAS), and shall submit the financial
audit to the department in accordance with regulations adopted by
the department, all-county letter, or similar written instructions.
(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 expenditures and 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,
with audit designation, who have no direct or indirect relationship
with the functions or activities being audited, or with the provider,
its board of directors, or other governing body, 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, 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 to the department of an acceptable financial
audit.
(3) 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).
(4) Repeated late financial audits may result in monetary
penalties or termination of the provider's rate as set forth in
regulation, all-county letter, or similar written directive by the
department.
(c) The department shall issue a management decision letter on
audit findings findings, made by the
independent auditor or as a result of department review, within
six months of receipt of the financial audit report. The management
decision letter shall clearly state whether or not the audit finding
is sustained, the reasons for the decision, and the action or actions
expected of the nonprofit organization provider to repay disallowed
costs, make financial adjustments, or take other action.
(d) Repeated late submission of financial audits, repeat findings
in financial audits, or failure to comply with corrective action in a
management decision letter may result in monetary penalties or a
reduction, suspension, or termination of the provider's rate in
accordance with regulations adopted by the department, all-county
letter, or similar written instructions. This subdivision shall not
be construed to affect the department's authority under other
provisions of law, including, but not limited to, Part 200 of Title 2
of the Code of Federal Regulations.
SEC. 19. 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 provider sustained overpayments. Furthermore, the
intent of the Legislature is to ensure that children placed in
AFDC-FC programs, including, but not limited to, group homes,
short-term residential treatment centers, and foster family agencies,
receive the level of care and supervision commensurate with the
program's paid rate.
(b) For the purposes of this section, a provider is a licensee of
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 any AFDC-FC
programs, and regardless of whether the provider remains licensed by
the department.
(c) For the purposes of this section, a provider overpayment is an
overpayment that results in an audit period when a provider receives
a rate reimbursement to which it is not entitled. If a provider
receives a rate reimbursement to which it is not entitled, including,
but not limited to, the provider failing to maintain a license, or
failing to maintain its status as a nonprofit organization, or due to
an overpayment determined as described in paragraph (1) of
subdivision (d). If a provider receives a rate to which it
is not entitled it (d), it shall be liable to
repay the overpayment.
(d) (1) Overpayments shall be determined by either a provider
audit pursuant to Section 11466.21, a department audit conducted
pursuant to Section 11466.2, a management decision letter, or a
provider self-reporting an overpayment. A self-reported overpayment
may include a finding in the financial audit report submitted by the
provider whether that finding is formally made in the financial audit
report or discovered through department review of the report or
other provider submission.
(2) If a 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
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 consider, at the discretion of
the director, consider renegotiation of a
voluntary repayment agreement if the director
department 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
consider, at the discretion of the director, consider
renegotiation of an involuntary payment agreement if the
director department determines that the
agreement would cause severe harm to children in placement.
(e) The department shall maintain, by regulation , all-county
letter, or similar written directive, a procedure for recovery of any
provider sustained overpayments. The department shall prioritize
collection methods, which shall include voluntary repayment agreement
procedures, involuntary overpayment collection procedures, including
the use of a statutory lien, rate request denials, rate decreases,
and rate terminations. The department may also deny rate requests,
including requests for rate
increases, or program changes or expansions, while an overpayment is
due.
(f) Whenever the department determines that a provider sustained
overpayment has occurred, the department shall recover from the
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 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. 20. Section 11469 of the Welfare
and Institutions Code is amended to read:
11469. (a) The department shall develop, following consultation
with group home providers, the County Welfare Directors Association
of California, the Chief Probation Officers of California, the County
Behavioral Health Directors Association of California, the State
Department of Health Care Services, and stakeholders, performance
standards and outcome measures for determining the effectiveness of
the care and supervision, as defined in subdivision (b) of Section
11460, provided by group homes under the AFDC-FC program pursuant to
Sections 11460 and 11462. These standards shall be designed to
measure group home program performance for the client group that the
group home program is designed to serve.
(1) The performance standards and outcome measures shall be
designed to measure the performance of group home programs in areas
over which the programs have some degree of influence, and in other
areas of measurable program performance that the department can
demonstrate are areas over which group home programs have meaningful
managerial or administrative influence.
(2) These standards and outcome measures shall include, but are
not limited to, the effectiveness of services provided by each group
home program, and the extent to which the services provided by the
group home assist in obtaining the child welfare case plan objectives
for the child.
(3) In addition, when the group home provider has identified as
part of its program for licensing, ratesetting, or county placement
purposes, or has included as a part of a child's case plan by mutual
agreement between the group home and the placing agency, specific
mental health, education, medical, and other child-related services,
the performance standards and outcome measures may also measure the
effectiveness of those services.
(b) Regulations regarding the implementation of the group home
performance standards system required by this section shall be
adopted no later than one year prior to implementation. The
regulations shall specify both the performance standards system and
the manner by which the AFDC-FC rate of a group home program shall be
adjusted if performance standards are not met.
(c) Except as provided in subdivision (d), effective July 1, 1995,
group home performance standards shall be implemented. Any group
home program not meeting the performance standards shall have its
AFDC-FC rate, set pursuant to Section 11462, adjusted according to
the regulations required by this section.
(d) A group home program shall be classified at rate
classification level 13 or 14 only if it has been
granted an extension pursuant to Section 11462.04 and all of
the following are met:
(1) The program generates the requisite number of points for rate
classification level 13 or 14.
(2) The program only accepts children with special treatment needs
as determined through the assessment process pursuant to paragraph
(2) of subdivision (a) of Section 11462.01.
(3) The program meets the performance standards designed pursuant
to this section.
(e) Notwithstanding subdivision (c), the group home program
performance standards system shall not be implemented prior to the
implementation of the AFDC-FC performance standards system.
(f) On or before January 1, 2016, the department shall develop,
following consultation with the County Welfare Directors Association
of California, the Chief Probation Officers of California, the County
Behavioral Health Directors Association of California, research
entities, foster children, advocates for foster children, foster care
provider business entities organized and operated on a nonprofit
basis, Indian tribes, and other stakeholders, additional performance
standards and outcome measures that require group homes to implement
programs and services to minimize law enforcement contacts and
delinquency petition filings arising from incidents of allegedly
unlawful behavior by minors occurring in group homes or under the
supervision of group home staff, including individualized behavior
management programs, emergency intervention plans, and conflict
resolution processes.
(g) On or before January 1, 2017, the department shall develop,
following consultation with the County Welfare Directors Association
of California, the Chief Probation Officers of California, the County
Behavioral Health Directors Association of California, the Medical
Board of California, research entities, foster children advocates for
foster children, foster care provider business entities organized
and operated on a nonprofit basis, Indian tribes, and other
stakeholders, additional performance standards and outcome measures
that require group homes and short-term residential treatment
centers to implement alternative programs and services,
including individualized behavior management programs, emergency
intervention plans, and conflict resolution processes.
(h) Performance standards and outcome measures developed pursuant
to this section shall apply to short-term residential treatment
centers.
SEC. 21. Section 16514 of the Welfare
and Institutions Code is amended to read:
16514. (a) A minor or nonminor who has been voluntarily placed,
adjudged a dependent child of the juvenile court pursuant to Section
300, or as to whom a petition has been filed under Section 325, may
be housed in an emergency shelter or, pursuant to the procedures for
placement set forth in this code, placed in a foster family home, a
resource family home, or with a foster family agency for subsequent
placement in a suitable licensed foster family home or certified
family home, with minors adjudged wards of the juvenile court
pursuant to Section 601.
(b) A minor who has been voluntarily placed, adjudged a dependent
child of the juvenile court pursuant to Section 300, or adjudged a
ward of the juvenile court pursuant to Section 601, shall not be
housed in an emergency shelter with any minor adjudged a ward of the
juvenile court pursuant to Section 602.
(c) A minor or nonminor who has been voluntarily placed, adjudged
a dependent child of the juvenile court pursuant to Section 300, or
as to whom a petition has been filed under Section 325, or a nonminor
dependent, as described in subdivision (v) of Section 11400, shall
not be placed or detained in a short-term residential treatment
center, group home or licensed foster family home, a resource family
home, a certified family home, or an approved resource family or
foster family agency, or, beginning January 1, 2017, a
short-term residential treatment center, with any minor
adjudged a ward of the juvenile court pursuant to Section 601 or 602,
unless the social worker or probation officer with placement
authority has determined that the placement setting has a program
that meets the specific needs of the minor or nonminor dependent
being placed or detained, and there is a commonality of needs with
the other minors and nonminor dependents in the placement setting.
(d) Nothing in this section shall transfer or eliminate the
responsibility of the placing agency for the care, custody, or
control of the child. Nothing in this section shall relieve a foster
family agency of its responsibilities for or on behalf of a child
placed with it.
(e) For purposes of this section, the
placing of children or nonminor dependents by foster family agencies
shall be referred to as "subsequent placement" to distinguish the
activity from the placing by public agencies.
SEC. 10. SEC. 22. 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
guardians and 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.
(3) The State Department of Social Services shall be responsible
for all of the following:
(A) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
(B) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for early
implementation participation in the program, train appropriate staff,
and accept applications from resource families.
(C) Entering into terms and conditions for early implementation
participation in the program by counties.
(4) Counties participating in the early implementation of the
program shall be responsible for all of the following:
(A) Submitting an implementation plan.
(B) Entering into terms and conditions for early implementation
participation in the program.
(C) Consulting with the county probation department in the
development of the implementation plan.
(D) Training appropriate staff.
(E) Accepting applications from resource families within the
timeframes established by the department.
(5) (A) 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
statewide 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.
(B) Upon implementation of the program in a county, that county
shall 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 guardians and adoptive homes.
(6) The department may waive regulations that pose a barrier to
the early 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 early implementation of the program and only for the duration
of the program.
(7) (A) 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 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.
(B) 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.
(c) (1) For the purposes of this chapter, "resource family" means
an individual or family that has successfully met both the home
environment assessment 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 provide a family setting that
promotes normal childhood experiences that serves the needs of the
child.
(2) For purposes of this chapter, and unless otherwise specified,
references to a "child" shall include a "nonminor dependent" and
"nonminor former dependent or ward" as defined in subdivision (v) and
paragraph (1) of subdivision (aa) of Section 11400.
(3) There is no fundamental right to approval as a resource
family.
(3)
( 4) 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.
(4)
( 5) Resource family approval means that the
applicant successfully meets the home environment assessment and
permanency assessment standards. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, guardianship approval pursuant to Section
360, 366.26, or 728, and the adoption home study
approval.
(5)
(6) Approval of a resource family does not guarantee an
initial or continued initial, continued, or
adoptive placement of a child with a resource family.
(6)
( 7) Notwithstanding paragraphs (1) to
(5), (6), inclusive, the department or
county may cease any further review of an application if the
applicant has had a previous application denial within the preceding
year, or if the applicant has had a previous rescission, revocation,
or exemption denial or exemption rescission by the department or
county within the preceding two years. However, the department or
county may continue to review an application if it has determined
that the reasons for the previous denial, rescission, or revocation
were due to circumstances and conditions that either have been
corrected or are no longer in existence. If an individual was
excluded from a resource family home or facility licensed by the
department, the department or county shall cease review of the
individual's application unless the excluded individual has been
reinstated pursuant to Section 11522 of the Government Code. The
cessation of review shall not constitute a denial of the application
for purposes of this section or any other law.
(d) (1) The department shall adopt standards pertaining to the
home environment and permanency assessments of a resource family.
(2) Resource family home environment assessment standards shall
include, but not be limited to, all of the following:
(A) (i) Criminal records clearance of all adults residing in, or
regularly present in, the home, and not exempted from fingerprinting,
as set forth in subdivision (b) of Section 1522 of the Health and
Safety Code, pursuant to Section 8712 of the Family Code, utilizing a
check of the Child Abuse Central Index (CACI), and receipt of a
fingerprint-based state and federal criminal offender record
information search response. The criminal history information shall
include subsequent 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) If the resource family parent, applicant, or any other
person specified in subdivision (b) of Section 1522 of the Health and
Safety Code has been convicted of a crime other than a minor traffic
violation, violation or arrested for a
serious offense specified in subdivision (e) of Section
1522 of the Health and Safety Code, except for the civil
penalty language, the criminal background check provisions specified
in subdivisions (d) through (f) of Section 1522 of the Health and
Safety Code shall apply. Exemptions from the criminal records
clearance requirements set forth in this section may be granted by
the director department or the
early implementation county, if that county has been
granted permission by the director department
to issue criminal records exemptions pursuant to Section
361.4, using the exemption criteria specified in subdivision (g) of
Section 1522 of the Health and Safety Code and the written directives
or regulations adopted pursuant to this section. A county
may obtain arrest and conviction records or reports from any court
or law enforcement agency as necessary to the performance of its
duties, as provided in subdivision (e) of Section 1522 of the Health
and Safety Code.
(iv) For public foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized.
(v) For private foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized, but the Department of Justice shall
disseminate a fitness determination resulting from the federal
criminal offender record information search.
(B) Buildings and grounds and storage requirements that ensure the
health and safety of children.
(C) In addition to the foregoing requirements, the resource family
home environment assessment 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 environment that serves the needs
of the child.
(3) 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) (i) The applicant shall complete a psychosocial assessment,
which shall include the results of a risk assessment.
(ii) A caregiver risk assessment shall include, but shall not be
limited to, physical and mental health, alcohol and other substance
use and abuse, family and domestic violence, and the factors listed
in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
(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 county may place a child with a resource family
applicant that has successfully completed the home environment
assessment prior to completion of a permanency assessment only if a
compelling reason for the placement exists based on the needs of the
child.
(2)
( A) The permanency assessment shall be
completed within 90 days of the child's placement in the home, unless
good cause exists based upon the needs of the child.
(3)
( B) 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)
( C) 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)
( 2) A county may place a child with a
relative, as defined in Section 319, or nonrelative extended family
member, as defined in Section 362.7, prior to applying as a resource
family 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 environment assessment 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)
( 3) For any placement made pursuant to this
paragraph, subdivision, AFDC-FC funding
shall not be available until approval of the resource family has
been completed.
(F)
( 4) Any child placed under this section
shall be afforded all the rights set forth in Section 16001.9.
(G)
( 5) Nothing in this paragraph
section shall limit the county's authority to
inspect the home of a resource family applicant or a
relative or nonrelative extended family member as often as necessary
to ensure the quality of care provided to a child placed on
an emergency basis. provided.
(f) The State Department of Social Services shall be responsible
for all of the following:
(1) Administering (A)
Until regulations are adopted, administering 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.
(B) Adopting, amending, or repealing, in accordance with Chapter
4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title
2 of the Government Code, any reasonable rules, regulations, and
standards that may be necessary or proper to carry out the purposes
and intent of this chapter and to enable the department to exercise
the powers and perform the duties conferred upon it by this section,
consistent with the laws of this state.
(2) Approving and requiring the use of a single standard for
resource family approval.
(3) Adopting and requiring the use of standardized documentation
for the home environment and permanency assessments of resource
families.
(4) Requiring counties to monitor county-approved 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.
(5) Ongoing oversight and monitoring of county systems and
operations including all of the following:
(A) Reviewing the county's implementation plan and implementation
of the program.
(B) Reviewing an adequate number of county-approved resource
families in each 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 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 counties.
(E) Requiring corrective action of counties that are not in full
compliance with this section.
(6) Updating the Legislature on the
early implementation phase of the program, including the status of
implementation, successes, and challenges during the early
implementation phase, and relevant available data, including resource
family satisfaction.
(7) Implementing due process procedures, including, but not
limited to, all of the following:
(A) Providing a statewide fair hearing process for denials,
rescissions, or exclusion actions.
(B) Amending the department's applicable state hearing procedures
and regulations or using the Administrative Procedure Act, when
applicable, as necessary for the administration of the program.
(g) Counties shall be responsible for all of the following:
(1) Submitting an implementation plan and consulting with the
county probation department in the development of the implementation
plan.
(2) Complying with the written directives or regulations
adopted pursuant to this section.
(3) Implementing the requirements for resource family approval and
utilizing standardized documentation established by the department.
(4) Training appropriate staff, including ensuring staff have the
education and experience necessary to complete the home environment
and psychosocial assessments competently.
(5) (A) Taking the following actions, as applicable:
(i) Approving or denying resource family applications.
(ii) Rescinding approvals of resource families.
(iii) Excluding a resource family parent or other individual from
presence in any resource family home, consistent with the established
standard.
(iv) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing when urgent action is
needed to protect a child from physical or mental abuse, abandonment,
or any other substantial threat to health or safety, consistent with
the established standard.
(v) Granting, denying, or rescinding criminal record exemptions.
(B) Providing a resource family parent, applicant, excluded
individual, or individual who is the subject of a criminal record
exemption decision, requesting review of that decision, with due
process pursuant to the department's statutes, regulations, and
written directives.
(C) Notifying the department of any decisions denying a
resource family's an application for
resource family approval or rescinding the approval of a
resource family, excluding an individual, or taking other
administrative action. or denying or rescinding a
criminal record exemption, and, if applicable, notifying the
department of the results of an administrative action.
(6) (A) Updating resource family approval annually.
(B) A county shall conduct an announced inspection of a resource
family home during the annual update in order to ensure that the
resource family is conforming to all applicable laws and the written
directives or regulations adopted pursuant to this section.
(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.
(D) Inspecting resource family homes as often as necessary to
ensure the quality of care provided.
(8) (A) Investigating all complaints against a resource family and
taking action as necessary, including, but not limited to,
investigating any incidents reported about a resource family
indicating that the approval standard is not being maintained and
inspecting the resource family home.
(B) 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 conduct the home
environment or psychosocial assessments.
(C) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
(D) 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 (6) of subdivision (f).
(12) Ensuring resource family applicants and 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
trauma-informed practices and requirements and other topics within
the foster care system.
(13) Ensuring that a resource family applicant completes a minimum
of 12 hours of preapproval training. The training shall include, but
not be limited to, all of the following courses:
(A) An overview of the child protective and probation systems.
(B) The effects of trauma, including grief and loss, and child
abuse and neglect, on child development and behavior, and methods to
behaviorally support children impacted by that trauma or child abuse
and neglect.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues in foster care.
(E) Accessing services and supports to address education needs,
physical, mental, and behavioral health, and substance use disorders,
including culturally relevant services.
(F) The rights of a child in foster care, and the resource family'
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, and related best practices for providing
adequate care for children or youth across diverse ethnic and racial
backgrounds, as well as children or youth identifying as lesbian,
gay, bisexual, or transgender.
(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 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, well-being, and education needs of children.
(J) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(K) The role of resource families, including working cooperatively
with the child welfare or probation agency, the child's family, and
other service providers implementing the case plan.
(L) The role of a resource family on the child and family team as
defined in paragraph (4) of subdivision (a) of Section 16501.
(M) A resource family's responsibility to act as a reasonable and
prudent parent, as described in subdivision (c) of Section 1522.44 of
the Health and Safety Code, and to provide a family setting that
promotes normal childhood experiences and that serves the needs of
the child.
(N) An overview of the specialized training identified in
subdivision (h).
(14) Ensuring approved resource families complete a minimum of
eight training hours annually, a portion of which shall be from one
or more of the topics listed in paragraph (13).
(h) In addition to any training required by this section, a
county may require a resource family may be required
to receive relevant specialized
training, as relevant and as needed, training
for the purpose of preparing the resource family to meet the needs of
a particular child in care. This training may include, but is not
limited to, the following:
(1) Understanding how to use best practices for providing care and
supervision to commercially sexually exploited children.
(2) Understanding how to use best practices for providing care and
supervision to lesbian, gay, bisexual, and transgender children.
(3) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, benefits, uses, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic medications.
(4) Understanding the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
children, including the role of the caregiver in supporting
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership and
connection to the tribal community and traditions.
(5) Understanding how to use best practices for providing care and
supervision to nonminor dependents.
(6) Understanding how to use best practices for providing care and
supervision to children with special health care needs.
(7) Understanding the different permanency options and the
services and benefits associated with the options.
(i) Nothing in this section shall preclude a county or a foster
family agency from requiring resource family training in excess of
the requirements in this section.
(j) (1) Resource families who move home locations shall retain
their resource family status if the new building and
grounds, outdoor activity areas, and storage areas meet home
environment standards. pending the outcome
of the update conducted pursuant to paragraph (6) of subdivision (g).
(2) The State Department of Social Services or a county may allow
a program-affiliated individual to transfer his or her subsequent
arrest notification if the individual moves from one county to
another county, as specified in subdivision (g) of Section 1522 of
the Health and Safety Code.
(3) 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, foster family agency, or
adoption agency from determining that the family is not approved for
guardianship or adoption based on changes in the family's
circumstances or psychosocial assessment.
(k) 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.
(l) 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 (p) and (q), shall be paid an AFDC-FC rate
pursuant to Sections 11460, 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.
(m) 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.
(n) Except as provided, approved resource families shall be exempt
from all both 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.
(o) (1) Early implementation counties shall be authorized to
continue through December 31, 2016. The program shall be implemented
by each county on or before January 1, 2017. On and after January 1,
2017, a county shall approve resource families in lieu of licensing
foster family homes and approving relative or nonrelative extended
family members. Notwithstanding this provision, the existing
licensure or approval and oversight processes shall continue to be
administered for foster family homes and relatives or nonrelative
extended family members licensed or approved prior to January 1,
2017, in accordance with paragraphs (3) and (4).
until the license or approval is revoked or forfeited by
operation of law pursuant to this section or Section 1524 of the
Health and Safety Code.
(2) No later than July 1, 2017, each county shall provide the
following information to all licensed foster family homes and all
approved relatives and nonrelative extended family members:
(A) A detailed description of the resource family approval
program.
(B) Notification that, in order to care for a foster child,
resource family approval is required by December 31, 2019.
(C) Notification that a foster family home license and an approval
of a relative or nonrelative extended family member shall be
forfeited by operation of law as provided for in paragraph (4).
(3) By no later than January 1, 2018, the following shall apply to
all licensed foster family homes and approved relative and
nonrelative extended family members:
(A) A licensed foster family home, and an approved relative or
nonrelative extended family member with an approved adoptive home
study completed prior to January 1, 2018, shall be deemed to be an
approved resource family.
(B) A licensed foster family home, and an approved relative or
nonrelative extended family member who had a child in placement at
any time between January 1, 2017, and December 31, 2017, inclusive,
may be approved as a resource family on the date of successful
completion of a psychosocial assessment pursuant to subparagraph (B)
of paragraph (3) of subdivision (d).
(C) A county may provide supportive services to all licensed
foster family home providers, relatives, and nonrelative extended
family members with a child in placement to assist with the resource
family transition and to minimize placement disruptions.
(4) All foster family licenses and approvals of a relative or
nonrelative extended family member shall be forfeited by operation of
law on December 31, 2019, except as provided in this paragraph:
(A) All licensed foster family homes that did not have a child in
placement at any time between January 1, 2017, and December 31, 2017,
inclusive, shall forfeit the license by operation of law on January
1, 2018.
(B) For foster family home licensees and approved relatives or
nonrelative extended family members who have a pending resource
family application on December 31, 2019, the foster family home
license or relative and nonrelative extended family member approval
shall be forfeited by operation of law on the date of approval as a
resource family. If approval is denied, forfeiture by operation of
law shall occur on the date of completion of any proceedings required
by law to ensure due process.
(p) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family agency, or a short-term residential
treatment center pursuant to subdivision (b) of Section 11462, shall
require applicants and resource families to meet the resource family
approval standards and requirements set forth in this chapter and in
the written directives adopted pursuant to this chapter prior to
approval and in order to maintain approval. homes, as
set forth in Section 1517 of the Health and Safety Code.
(q) Commencing January 1, 2016, the department may establish
participation conditions, and select and authorize foster family
agencies that voluntarily submit implementation plans and revised
plans of operation in accordance with requirements established by the
department, to approve resource families in lieu of certifying
foster homes.
(1) Notwithstanding any other law, a participating foster family
agency shall require resource families to meet and maintain the
resource family approval standards and requirements set forth in this
chapter and in the written directives adopted hereto prior to
approval and in order to maintain approval.
(2) A participating foster family agency shall implement the
resource family approval program pursuant to Section 1517 of the
Health and Safety Code.
(3) Nothing in this section shall be construed to limit the
authority of the department to inspect, evaluate, or investigate a
complaint or incident, or initiate a disciplinary action against a
foster family agency pursuant to Article 5 (commencing with Section
1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to
take any action it may deem necessary for the health and safety of
children placed with the foster family agency.
(4) The department may adjust the foster family agency AFDC-FC
rate pursuant to Section 11463 for implementation of this
subdivision.
(5) This subdivision shall become inoperative on January 1, 2017.
SEC. 23. Section 16519.51 of the
Welfare and Institutions Code is amended to read:
16519.51. Notwithstanding any other law, preapproval training for
a resource family applicant and annual training for an approved
resource family shall include training on knowledge and skills
related to the application of the reasonable and prudent parent
standard for the participation of the child in age or developmentally
appropriate activities, as set forth in Section 1522.4
1522.44 of the Health and Safety Code.
SEC. 11. SEC. 24. To the extent that
this act has an overall effect of increasing certain 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 those cost increases. 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.
With regard to certain other costs that may be incurred by a local
agency or school district, no reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution 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.