BILL NUMBER: AB 1997 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2016
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, 1506.1, 1506.5, 1506.6,
1506.7, 1506.8, 1517, 1520.1, 1522.44, 1523.1,
1525.5, 1536, 1538.8, 1538.9, and 1562.01 of, to
amend and repeal Section 1506.3 of, and to add Section
1517.1 Sections 1517.1, 1517.2, and 1517.3 to,
the Health and Safety Code, to amend Section 11165.7 of the
Penal Code, to amend Sections 1541 and 1543 of the Probate Code,
and to amend Sections 291, 293, 294, 295, 361.2,
361.5, 366.26, 727, 727.4, 4094.2, 11400,
11402, 11460, 11461, 11462, 11462.04,
11463, 11463.01, 11463.1, 11466, 11466.2,
11466.21, 11466.22, 11466.24, 11466.25, 11466.31,
11466.32, 11469, 16504.5, 16514, 16519.5, and
16519.51 of 16519.55 of, to amend, repeal,
and add Section 11462.06 of, to add Sections 11466.01, 16519.61, and
16519.62 to, to add the heading of Article 2 (commencing with Section
16519.5) to Chapter 5 of Part 4 of Division 9 of, to add the heading
of Article 3 (commencing with Section 16520) to Chapter 5
of Part 4 of Division 9 of, and to repeal and add Sections 11402.01
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 specify
that the resource family approval process replaces
certification of foster homes by foster family agencies and 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 make specified changes
relating to resource families including by, among others, requiring
that the basic rate paid to resource families be the same whether the
family is approved by a foster family agency or a county, and would
revise certain aspects of the resource family approval process,
including by by, among other things,
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.
exemptions, and making it a misdemeanor to
declare as true, in a resource family application form, any material
matter that the applicant knows to be false. By imposing
additional duties on counties, by creating a new crime
crime, 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. The bill would require the department to
establish rates for foster family agencies that include an interim
rate, provisional rate, and probationary rate, and would provide for
the implementation of those rates.
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 requires
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 the department to establish rates for
short-term residential treatment centers that include an interim
rate, provisional rate, and probationary rate, and would provide for
the implementation of those rates. The 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 the department to, at least annually,
compile specified information relating to the use of psychotropic
medication for each group home and to establish a methodology to
identify those group homes that have levels of psychotropic drug
utilization warranting additional review.
This bill would also require the department to compile that
information for short-term residential treatment centers and require
that methodology to apply to short-term residential treatment centers
in a manner determined by the department.
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.
Existing federal law, the Adoption and Safe Families Act of 1997,
among other provisions, establishes a permanent placement option for
older children as an alternative to long-term foster care, referred
to in the act as "another planned permanent living arrangement"
(APPLA). Existing law declares the intent of the Legislature to
conform state law to the federal act, as specified. Existing law
generally provides a minor 16 years of age and older with another
planned permanent living arrangement, as prescribed.
This bill would make conforming changes by deleting references to
long-term foster care and instead providing for placement in another
planned permanent living arrangement.
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 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) (1),
shall be those required of short-term residential treatment centers
operated in this state. state,
unless the out-of-state group home is granted an extensi
on pursuant to subdivision (d) of Section 11462.04 of the Welfare and
Institutions Code.
(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.
(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.
(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.
(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.
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. 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 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, organized and operated on a nonprofit basis, engaged in
any either of the following:
(A) Recruiting, certifying, approving, and training of, and
providing professional support to, foster parents and resource
families.
(B) Finding homes for the placement of children for temporary or
permanent care who require that level of care.
(C) Cooperatively matching children with resource families as
specified in Section 1517.
(B) Coordinating with placing agencies to find homes for children
in need of care.
(5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased,
or rented and is the residence of the foster parent or parents,
including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
(9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoptive placements with a
full-service 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 of the Health and
Safety Code is amended to read:
1506. (a) (1) Any holder of a valid license issued by
the department that authorizes the licensee to engage in
A foster family agency functions may
use only a certified family home or a resource family that
has been certified or approved by that agency or
or, pursuant to Section 1506.5, a licensed
foster family home or a county-approved resource family
approved for this use by the licensing county pursuant to
Section 1506.5. county.
(2) Any home selected and certified or approved for the
reception and care of children by that licensee shall not,
during the time it is certified and used only by that agency for
these placements or care, be a foster family agency is
not subject to Section 1508. A certified family home
may not be concurrently or a resource family of a
foster family agency shall not be licensed as a foster
family home or as any other licensed residential facility.
(3) A child with a developmental disability who is placed in a
certified family home or with a resource family by a
foster family agency that is operating under agreement with the
regional center responsible for that child may remain in the
certified family home after the age of 18 years.
or with the resource family after 18 years of age.
The determination regarding whether and how long he or she may
remain as a resident after the age of 18 years
18 years of age shall be made through the agreement of all
parties involved, including the resident, the foster
parent, certified parent or resource family, the
foster family agency social worker, the resident's regional center
case manager, and the resident's parent, legal guardian, or
conservator, as appropriate. This determination shall include a needs
and service plan that contains an assessment of the child's needs to
ensure continued compatibility with the other children in placement.
The needs and service plan shall be completed no more than six
months prior to the child's 18th birthday. The assessment shall be
documented and maintained in the child's file with the foster family
agency.
(b) (1) A foster family agency shall certify to the department
that the certified family home has met the department's
licensing standards. A foster family agency may require a
certified family home to meet additional standards or be
compatible with its treatment approach.
(2) The foster family agency shall issue a certificate of approval
to the certified family home upon its determination that it has met
the standards established by the department and before the placement
of any child in the home. The certificate shall be valid for a period
not to exceed one year. The annual recertification shall require a
certified family home to complete at least 12
eight hours of structured applicable training or continuing
education. At least one hour of training during the first six months
following initial certification shall be dedicated to meeting the
requirements of paragraph (1) of subdivision (b) of Section 11174.1
of the Penal Code.
(3) If the agency determines that the home no longer meets the
standards, it shall notify the department and the local placing
agency.
(4) This subdivision shall apply to foster family agencies only
until December 31, 2019, in accordance with Section 1517.
(c) As used in this chapter, "certified family home" means
a an individual or family
residence certified by a licensed foster family agency and
issued a certificate of approval by that agency as meeting licensing
standards, and used only exclusively by
that foster family agency for placements.
(d) (1) Requirements for social work personnel for a foster family
agency shall be a master's degree from an accredited or
state-approved graduate school in social work or social welfare, or
equivalent education and experience, as determined by the department.
(2) Persons who possess a master's degree from an accredited or
state-approved graduate school in any of the following areas, or
equivalent education and experience, as determined by the department,
shall be considered to be qualified to perform social work
activities in a foster family agency:
(A) Marriage, family, and child counseling.
(B) Child psychology.
(C) Child development.
(D) Counseling psychology.
(E) Social psychology.
(F) Clinical psychology.
(G) Educational psychology, consistent with the scope of practice
as described in Section 4989.14 of the Business and Professions Code.
(H) Education, with emphasis on counseling.
(e) (1) In addition to the degree specifications in subdivision
(d), all of the following coursework and field practice or
experience, as defined in departmental regulations, shall be required
of all new hires for the position of social work personnel effective
January 1, 1995:
(A) At least three semester units of field practice at the master'
s level or six months' full-time equivalent experience in a public or
private social service agency setting.
(B) At least nine semester units of coursework related to human
development or human behavior, or, within the first year of
employment, experience working with children and families as a major
responsibility of the position under the supervision of a supervising
social worker.
(C) At least three semester units in working with minority
populations or six months of experience in working with minority
populations or training in cultural competency and working with
minority populations within the first six months of employment as a
condition of employment.
(D) At least three semester units in child welfare or at least six
months of experience in a public or private child welfare social
services setting for a nonsupervisory social worker. A supervising
social worker shall have two years' experience in a public or private
child welfare social services setting.
(2) (A) Persons who do not meet the requirements specified in
subdivision (d) or (e) may apply for an exception as provided for in
subdivisions (f) and (g).
(B) Exceptions granted by the department prior to January 1, 1995,
shall remain in effect.
(3) (A) Persons who are hired as social work personnel on or after
January 1, 1995, who do not meet the requirements listed in this
subdivision shall be required to successfully meet those requirements
in order to be employed as social work personnel in a foster family
agency.
(B)
Employees who were hired prior to January 1, 1995, shall not be
required to meet the requirements of this subdivision in order to
remain employed as social work personnel in a foster family agency.
(4) Coursework and field practice or experience completed to
fulfill the degree requirements of subdivision (d) may be used to
satisfy the requirements of this subdivision.
(f) Individuals seeking an exception to the requirements of
subdivision (d) or (e) based on completion of equivalent education
and experience shall apply to the department by the process
established by the department.
(g) The department shall be required to complete the process for
the exception to minimum education and experience requirements
described in subdivisions (d) and (e) within 30 days of receiving the
exception application of social work personnel or supervising social
worker qualifications from the foster family agency.
(h) The department shall review the feasibility of instituting a
licensure category to cover foster homes that are established
specifically to care for and supervise adults with developmental
disabilities, as defined in subdivision (a) of Section 4512 of the
Welfare and Institutions Code, to prevent the institutionalization of
those individuals.
(i)
( h) For purposes of this section, "social
work personnel" means supervising social workers as well as
nonsupervisory social workers.
SEC. 4. SEC. 5. 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) 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) 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 1517 of this code and Article 2
(commencing with Section 16519.5) of Chapter 5 of Part 4 of Division
9 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,
certified family homes or with resource 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. 6. Section 1506.3 of the Health
and Safety Code is amended to read:
1506.3. (a) A foster family agency that provides treatment of
children in foster families shall employ one full-time social work
supervisor for every eight social workers or fraction thereof in the
agency.
(b) This section shall remain in effect only until the date when
the total foster family agency rate by age group paid to licensed
foster family agencies for the placement of children in certified
foster family homes is restored to at least the rate in effect on
September 30, 2009, and the Director of Social Services issues a
declaration to this effect to the Senate Committee on Budget and
Fiscal Review, Senate Committee on Human Services, the Assembly
Committee on Budget, and the Assembly Committee on Human Services, or
their successor committees. Upon the restoration to at least the
rate in effect on September 30, 2009, the director shall issue the
declaration. On that date, this section shall be repealed.
(c) Notwithstanding subdivision (b), this section shall be
inoperative on January 1, 2017, except with regard to foster family
agencies that have been granted an extension pursuant to Section
11463.1, in which case it shall be inoperative on January 1, 2019,
and, as of January 1, 2019, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019, deletes
or extends the dates on which it becomes ineffective and is
repealed.
SEC. 7. Section 1506.5 of the Health and
Safety Code is amended to read:
1506.5. (a) Foster family agencies shall not use foster family
homes licensed by a county or resource families approved by a
county without the approval of the licensing or approving
county. When approval is granted, a written agreement between
the foster family agency and the county shall specify the nature of
administrative control and case management responsibility and the
nature and number of the children to be served in the home.
(b) Before a foster family agency may use a licensed foster family
home it shall review and, with the exception of a new fingerprint
clearance, qualify the home in accordance with Section 1506.
(c) When approval is given, granted
pursuant to subdivision (a), and for the duration of the
agreement permitting the foster family agency use of its
the licensed foster family home,
home or county-approved resource family, no
child shall be placed in that home except through the foster family
agency.
(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) (1) If an application to a foster family agency for a
certificate of approval indicates, or the department determines
during the application review process, that the applicant previously
was issued a license under this chapter or under Chapter 1
(commencing with Section 1200), Chapter 2 (commencing with Section
1250), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2
(commencing with Section 1569), Chapter 3.4 (commencing with Section
1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter
3.6 (commencing with Section 1597.30) and the prior license was
revoked within the preceding two years, the foster family agency
shall cease any further review of the application until two years
have elapsed from the date of the revocation.
(2) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant previously was issued
a certificate of approval by a foster family agency that was revoked
by the department pursuant to subdivision (b) of Section 1534 within
the preceding two years, the foster family agency shall cease any
further review of the application until two years have elapsed from
the date of the revocation.
(3) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant was excluded from a
facility licensed by the department or from a certified family home
pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the foster
family agency shall cease any further review of the application
unless the excluded person has been reinstated pursuant to Section
11522 of the Government Code by the department.
(4) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.
(f) (1) If an application to a foster family agency for a
certificate of approval indicates, or the department determines
during the application review process, that the applicant had
previously applied for a license under any of the chapters listed in
paragraph (1) of subdivision (e) and the application was denied
within the last year, the foster family agency shall cease further
review of the application as follows:
(A) In cases where When the
applicant petitioned for a hearing, the foster family agency shall
cease further review of the application until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(B) In cases where When the
department informed the applicant of his or her right to petition for
a hearing and the applicant did not petition for a hearing, the
foster family agency shall cease further review of the application
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.
(2) The foster family agency may continue to review the
application if the department has determined that the reasons for the
denial of the application were due to circumstances and a condition
that either have been corrected or are no longer in existence.
(3) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.
(g) (1) If an application to a foster family agency for a
certificate of approval indicates, or the department determines
during the application review process, that the applicant had
previously applied for a certificate of approval with a foster family
agency and the department ordered the foster family agency to deny
the application pursuant to subdivision (b) of Section 1534, the
foster family agency shall cease further review of the application as
follows:
(A) In cases where the applicant petitioned for a hearing, the
foster family agency shall cease further review of the application
until one year has elapsed from the effective date of the decision
and order of the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the foster family agency shall cease further
review of the application until one year has elapsed from the date of
the notification of the denial and the right to petition for a
hearing.
(2) The foster family agency may continue to review the
application if the department has determined that the reasons for the
denial of the application were due to circumstances and conditions
that either have been corrected or are no longer in existence.
(3) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.
(h) Subdivisions (e), (f), and (g) shall apply only to certified
family home applications received on or before December 31, 2016, in
accordance with Section 1517.
SEC. 8. Section 1506.6 of the Health
and Safety Code is amended to read:
1506.6. (a) It is the intent of the
Legislature that public and private efforts to recruit foster parents
not be competitive and that the total number of foster parents be
increased. A
(b) A foster family agency shall
not certify a family home which that is
licensed by the department or a county. A licensed foster family
home shall forfeit its license, pursuant to subdivision (b) of
Section 1524, concurrent with final certification by the foster
family agency. The department or a county shall not license a family
home that is certified by a foster family agency. A certified family
home shall forfeit its certificate concurrent with final licensing by
the department or a county.
(c) (1) A licensed foster family home shall forfeit its license,
pursuant to subdivision (b) of Section 1524, concurrent with resource
family approval by a foster family agency. A resource family shall
forfeit its resource family approval, pursuant to Section 16519.5 of
the Welfare and Institutions Code, concurrent with resource family
approval by a foster family agency.
(2) A certified family home shall forfeit its certificate of
approval concurrent with resource family approval by the county. A
resource family shall forfeit its resource family approval, pursuant
to Section 1517, concurrent with resource family approval by the
county.
SEC. 9. Section 1506.7 of the Health
and Safety Code is amended to read:
1506.7. (a) A foster family agency shall require the owner or
operator of a family home applying for certification to sign an
application that shall contain, but shall not be limited to, the
following information:
(1) Whether the applicant has been certified, and by which foster
family agency.
(2) Whether the applicant has been decertified, and by which
foster family agency.
(3) Whether a placement hold has been placed on the applicant by a
foster family agency, and by which foster family agency.
(4) Whether the applicant has been a foster home licensed by a
county or by the state and, if so, by which county or state, or
whether the applicant has been approved for relative placement by a
county and, if so, by which county.
(b) (1) The application form signed by the owner or operator of
the family home applying for certification shall contain notice to
the applicant for certification that the foster family agency is
required to check references of all foster family agencies that have
previously certified the applicant and of all state or county
licensing offices that have licensed the applicant as a foster
parent, and that the signing of the application constitutes the
authorization of the applicant for the foster family agency to
conduct its check of references.
(2) The application form signed by the owner or operator of the
family home applying for certification shall be signed with a
declaration by the applicant that the information submitted is true,
correct, and contains no material omissions of fact to the best
knowledge and belief of the applicant. Any person who declares as
true any material matter pursuant to this section that he or she
knows to be false is guilty of a misdemeanor. The application shall
include a statement that submitting false information is a violation
of law punishable by incarceration, a fine, or both incarceration and
a fine.
(c) This section shall apply only to certified family home
applications received on or before December 31, 2016, in accordance
with Section 1517.
SEC. 10. Section 1506.8 of the Health
and Safety Code is amended to read:
1506.8. (a) Before certifying a family
home, a foster family agency shall contact any foster family agencies
by whom an applicant has been previously certified and any state or
county licensing offices that have licensed the applicant as a foster
parent, and shall conduct a reference check as to the applicant.
(b) This section shall apply only to certified family home
applications received on or before December 31, 2016, in accordance
with Section 1517.
SEC. 5. SEC. 11. 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,
certifying foster homes by licensed foster family agencies,
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.
(3) For purposes of this chapter, "resource family approval" means
that the applicant or resource family successfully meets the home
environment assessment and permanency assessment standards adopted
pursuant to subdivision (d) of Section 16519.5 of the Welfare and
Institutions Code. This approval is in lieu of a certificate of
approval issued by a licensed foster family agency pursuant to
subdivision (b) of Section 1506.
(4) Approval of a resource family does not guarantee an initial,
continued, or adoptive placement of a child with a resource family.
Approval of a resource family does not guarantee the establishment of
a legal guardianship of a child with a resource family. There is no
fundamental right to resource family approval.
(5) Notwithstanding paragraphs (1) to (4), inclusive, a foster
family agency shall cease any further review of an application if the
applicant has had a previous application denial within the preceding
year by the department or county, 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, a foster family agency 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, a foster family agency 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, Section
16519.5 of the Welfare and Institutions Code, or any other law.
(6) A resource family shall meet the approval standards set forth
in Section 16519.5 of the Welfare and Institutions Code, comply with
the written directives or regulations adopted pursuant to Section
16519.5 of the Welfare and Institutions Code, and comply with other
applicable laws in order to maintain approval.
(7) A resource family may be approved by the department or a
county pursuant to Section 16519.5 of the Welfare and Institutions
Code or by a foster family agency pursuant to this section.
(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
Article 2 (commencing with Section 16519.5) of Chapter
5 of Part 4 of Division 9 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 had approval 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.
annually and as necessary to address any
changes that have occurred in the resource family's circumstances,
including, but not limited to, moving to a new home location or
commencing operation of a family day care home, as defined in Section
1596.78 .
(ii) A foster family agency shall conduct an announced inspection
of a resource family home during the annual update in order
update, and as necessary to address any changes
specified in clause (i), 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
meet the approval standards set forth in Section 16519.5 of the
Welfare and Institutions Code and to comply with the written
directives or regulations adopted thereto, other
applicable laws, and 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 or
take other administrative action in accordance with
applicable law or 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, inspecting resource family
homes, developing and monitoring resource family corrective
action plans to correct identified deficiencies and to
rescind deficiencies, and rescinding 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.
A foster family agency shall not conduct an internal
investigation regarding an incident report or complaint against a
resource family that interferes with an investigation being conducted
by the department.
(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,
decision with due process pursuant to
the department's statutes, regulations, and written directives.
Section 16519.6 of the Welfare and Institutions Code.
(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 Section 16519.5 and
following Article 2 (commencing with Section 16519.5)
of Chapter 5 of Part 4 of Division 9 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 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)
( f) (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,
or as specified in paragraph (2), until the certification
is revoked or forfeited by operation of law pursuant to this
subdivision.
(2) A Notwithstanding paragraph (3), 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.
(3) On and after January 1, 2017, a foster family agency shall not
accept applications to certify foster homes and shall approve
resource families in lieu of certifying foster homes.
(4) No later than July 1, 2017, each foster family agency shall
provide the following information to all its
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
specified in paragraph (7).
(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 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) of Section 16519.5 of the Welfare and
Institutions Code.
(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.
(7) All certificates of approval shall be forfeited by operation
of law on December 31, 2019, except as provided in this paragraph:
(A) All certified 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 certificate of approval by operation of
law on January 1, 2018.
(B) For certified family homes with a pending resource
family applications application on
December 31, 2019, the certificate of approval shall be forfeited by
operation of law on the date of upon
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.
(C) A certificate of approval shall be forfeited by operation of
law upon approval as a resource family.
SEC. 6. SEC. 12. 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,
certifying foster homes by licensed foster family
agencies, 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, or as specified in paragraph (2), 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: paragraph or Section 1524.
(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 upon 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.
(C) A foster family home license shall be forfeited by operation
of law upon approval as a resource family.
SEC. 13. Section 1517.2 is added to the
Health and Safety Code , to read:
1517.2. (a) The application form signed by a resource family
applicant of a foster family agency shall be signed with a
declaration by the applicant that the information submitted is true,
correct, and contains no material omissions of fact to the best
knowledge and belief of the applicant. Any person who declares as
true any material matter pursuant to this section that he or she
knows to be false is guilty of a misdemeanor. The application shall
include a statement that submitting false information is a violation
of law punishable by incarceration, a fine, or both incarceration and
a fine.
(b) Before approving a resource family, a foster family agency
shall conduct a reference check of the applicant by contacting all of
the following:
(1) Any foster family agencies that have certified the applicant.
(2) Any state or county licensing offices that have licensed the
applicant as a foster family home.
(3) Any counties that have approved the applicant as a relative or
nonrelative extended family member.
(4) Any foster family agencies or counties that have approved the
applicant as a resource family.
(5) Any state licensing offices that have licensed the applicant
as a community care facility, child day care center, or family child
care home.
(c) The department, a county, or a foster family agency may
request information from, or divulge information to, the department,
a county, or a foster family agency regarding a prospective resource
family for the purpose of conducting, and as necessary to conduct, a
reference check to determine whether it is safe and appropriate to
approve an applicant to be a resource family.
SEC. 14. Section 1517.3 is added to the
Health and Safety Code , to read:
1517.3. (a) A person shall not incur civil liability as a result
of providing the department with either of the following:
(1) A foster family agency's log of resource families that have
been approved or have had approval rescinded.
(2) Notification of a foster family agency's determination to
rescind the approval of a resource family due to any of the following
actions by a resource family parent:
(A) Violation of Section 16519.5, the written directives or
regulations adopted pursuant to Section 16519.5, or any other
applicable law.
(B) Aiding, abetting, or permitting the violation of Section
16519.5, the written directives or regulations adopted pursuant to
Section 16519.5, or any other applicable law.
(C) Conduct that poses a risk or threat to the health and safety,
protection, or well-being of a child, or the people of the State of
California.
(D) Conviction at any time before or during his or her approval of
a crime described in Section 1522.
(E) Knowingly allowing a child to have illegal drugs, alcohol, or
any tobacco product, as defined in subdivision (d) of Section 22950.5
of the Business and Professions Code.
(F) Committing an act of child abuse or neglect or an act of
violence against another person.
(b) The department, a county, or a foster family agency shall not
incur civil liability for providing each other with information if
the communication is for the purpose of aiding in the evaluation of
an application for approval of a resource family by a foster family
agency.
SEC. 7. SE C. 15. 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) The department may deny a group home or short-term residential
treatment center license application at any time during the term of
the provisional license to protect the health and safety of clients.
If the department denies the application, the group home or
short-term residential treatment center shall cease operation
immediately. Continued operation of the facility after the department
denies the application or the provisional license expires shall
constitute unlicensed operation.
(5) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the group
home's or short-term residential treatment center's operation may be
filed.
(b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home's board of directors 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 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. 16. Section 1522.44 of the Health
and Safety Code is amended to read:
1522.44. (a) It is the policy of the state that caregivers of
children in foster care possess knowledge and skills relating to the
reasonable and prudent parent standard, as defined in subdivision (c)
of Section 362.05 of the Welfare and Institutions Code.
(b) Except for licensed foster family homes and
homes, certified family homes, and resource families
licensed by foster family agencies, each licensed community
care facility that provides care and supervision to children and
operates with staff shall designate at least one onsite staff member
to apply the reasonable and prudent parent standard to decisions
involving the participation of a child who is placed in the facility
in age or developmentally appropriate activities in accordance with
the requirements of Section 362.05 of the Welfare and Institutions
Code, Section 671(a)(10) of Title 42 of the United States Code, and
the regulations adopted by the department pursuant to this chapter.
(c) A licensed and certified foster parent
parent, resource family, or facility staff member, as
described in subdivision (b), shall receive training related to the
reasonable and prudent parent standard that is consistent with
Section 671(a)(24) of Title 42 of the United States Code. This
training shall include knowledge and skills relating to the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, including
knowledge and skills relating to the developmental stages of the
cognitive, emotional, physical, and behavioral capacities of a child,
and knowledge and skills relating to applying the standard to
decisions such as whether to allow the child to engage in
extracurricular, enrichment, cultural, and social activities,
including sports, field trips, and overnight activities lasting one
or more days, and to decisions involving the signing of permission
slips and arranging of transportation for the child to and from
extracurricular, enrichment, and social activities.
(d) This section does not apply to runaway and homeless youth
shelters as defined in paragraph (14) of subdivision (a) of Section
1502.
SEC. 17. Section 1523.1 of the Health
and Safety Code is amended to read:
1523.1. (a) (1) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license. After initial licensure, a fee shall be charged by the
department annually on each anniversary of the effective date of the
license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as follows, subject
to paragraph (2):
Fee Schedule
Initial
Facility Type Capacity Application Annual
Foster Family
and
$3,025 $1,513
Adoption
Agencies
1-15 $182 $91
16-30 $303 $152
31-60 $605 $303
Adult Day
Programs 61-75 $758 $378
76-90 $908 $454
91-120 $1,210 $605
121+ $1,513 $757
1-3 $454 $454
Other Community 4-6 $908 $454
Care Facilities 7-15 $1,363 $681
16-30 $1,815 $908
31-49 $2,270 $1,135
50-74 $2,725 $1,363
75-100 $3,180 $1,590
101-150 $3,634 $1,817
151-200 $4,237 $2,119
201-250 $4,840 $2,420
251-300 $5,445 $2,723
301-350 $6,050 $3,025
351-400 $6,655 $3,328
401-500 $7,865 $3,933
501-600 $9,075 $4,538
601-700 $10,285 $5,143
701+ $12,100 $6,050
(2) (A) The Legislature finds that all revenues generated by fees
for licenses computed under this section and used for the purposes
for which they were imposed are not subject to Article XIII B of the
California Constitution.
(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall recommend
to the Legislature that fees established by the Legislature be
adjusted as necessary to ensure that the amounts are appropriate.
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the current annual fee, in
addition to the current annual fee for that category and capacity
for each year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established current annual fee when any licensee fails to pay the
current annual licensing fee on or before the due date as indicated
by postmark on the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior to
the date specified in the plan.
(2) Foster family homes and resource family homes approved by
a foster family agency shall be exempt from the fees imposed
pursuant to this subdivision.
(3) Foster family agencies shall be annually assessed eighty-eight
dollars ($88) for each certified family home and
resource family certified or approved by the agency.
(4) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program. The department
shall adjust the fees collected pursuant to this section as
necessary to ensure that they do not exceed the costs described in
this paragraph.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use of this revenue, as approved by the Director of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit a
budget change proposal to justify any positions or any other related
support costs on an ongoing basis.
(d) A facility may use a bona fide business check to pay the
license fee required under this section.
(e) The failure of an applicant or licensee to pay all applicable
and accrued fees and civil penalties shall constitute grounds for
denial or forfeiture of a license.
SEC. 8. SEC. 18. 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 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 department. In
determining whether any life safety risks are involved, the
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 department may determine, and may not be renewed. However, the
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.
SEC. 19. Section 1536 of the Health and
Safety Code is amended to read:
1536. (a) (1) At least annually, the department shall publish and
make available to interested persons a list or lists covering all
licensed community care facilities, other than foster family
homes and certified family homes of foster family agencies providing
24-hour care for six or fewer foster children,
facilities and the services for which each facility has been
licensed or issued a special permit.
(2) For a group home, transitional housing placement provider,
community treatment facility, runaway and homeless youth shelter, or
short-term residential treatment center, the list shall include both
of the following:
(A) The number of licensing complaints, types of complaint, and
outcomes of complaints, including citations, fines, exclusion orders,
license suspensions, revocations, and surrenders.
(B) The number, types, and outcomes of law enforcement contacts
made by the facility staff or children, as reported pursuant to
subdivision (a) of Section 1538.7.
(3) This subdivision does not apply to foster family homes or the
certified family homes or resource families of foster family
agencies.
(b) Subject to subdivision (c), to encourage the
recruitment of foster family homes and certified family homes of
foster family agencies, protect their personal privacy,
protect the personal privacy of foster family homes and the
certified family homes and resource families of foster family
agencies, and to preserve the security and confidentiality of
the placements in the homes, the names, addresses, and other
identifying information of facilities licensed as foster family homes
and certified family homes and resource families of
foster family agencies providing 24-hour care for six or
fewer children shall be considered personal information for
purposes of the Information Practices Act of 1977 (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3
of the Civil Code). This information shall not be disclosed by any
state or local agency pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), except as necessary for administering the
licensing program, facilitating the placement of children in these
facilities, and providing names and addresses, upon request, only to
bona fide professional foster parent organizations and to
professional organizations educating foster parents, including the
Foster and Kinship Care Education Program of the California Community
Colleges.
(c) (1) Notwithstanding subdivision (b), the
department, a county, or a foster family agency may request
information from, or divulge information to, the department, a
county, or a foster family agency, regarding a prospective certified
parent, foster parent, or relative caregiver for the purpose of, and
as necessary to, conduct a reference check to determine whether it is
safe and appropriate to license, certify, or approve an applicant to
be a certified parent, foster parent, or relative caregiver.
(2) This subdivision shall apply only to applications received on
or before December 31, 2016, in accordance with Section 1517 or
1517.1 of this code or Section 16519.5 of the Welfare and
Institutions Code.
(d) The department may issue a citation and, after the issuance of
that citation, may assess a civil penalty of fifty dollars ($50) per
day for each instance of a foster family agency's failure to provide
the department with the information required by subdivision
(h) of Section 88061 of Title 22 of the California Code of
Regulations. a log of certified and decertified homes
or a log of resource families that were approved or had approval
rescinded during the month by the 10th day of the following month.
(e) The Legislature encourages the department, when funds are
available for this purpose, to develop a database that would include
all of the following information:
(1) Monthly reports by a foster family agency regarding
family homes. certified family homes and resource
families.
(2) A log of family homes certified and decertified,
certified and decertified family homes, approved
resource families, and resource families for which approval was
rescinded, provided by a foster family agency to the
department.
(3) Notification by a foster family agency to the department
informing the department of a foster family agency's determination to
decertify a certified family home or rescind the approval of a
resource family due to any of the following actions by the
certified family parent: parent or resource
family:
(A) Violating licensing rules and regulations.
(B) Aiding, abetting, or permitting the violation of licensing
rules and regulations.
(C) Conducting oneself in a way that is inimical to the health,
morals, welfare, or safety of a child placed in that certified family
home. home, or for a resource family,
engaging in conduct that poses a risk or threat to the health and
safety, protection, or well-being of a child or nonminor dependent.
(D) Being convicted of a crime while a certified family
parent. parent or resource family.
(E) Knowingly allowing any child to have illegal drugs or alcohol.
(F) Committing an act of child abuse or neglect or an act of
violence against another person.
(f) At least annually, the department shall post on its Internet
Web site a statewide summary of the information gathered pursuant to
Sections 1538.8 and 1538.9. The summary shall include only
deidentified and aggregate information that does not violate the
confidentiality of a child's identity and records.
SEC. 20. Section 1538.8 of the Health
and Safety Code is amended to read:
1538.8. (a) (1) In order to review and evaluate the use of
psychotropic medications in group homes,
homes and short-term residential treatment centers, the
department shall compile, to the extent feasible and not otherwise
prohibited by law and based on information received from the State
Department of Health Care Services, at least annually, information
concerning each group home, home and
short-term residential treatment center, including, but not
limited to, the child welfare psychotropic medication measures
developed by the department and the following Healthcare
Effectiveness Data and Information Set (HEDIS) measures related to
psychotropic medications:
(A) Follow-Up Care for Children Prescribed Attention Deficit
Hyperactivity Disorder Medication (HEDIS ADD), which measures the
number of children 6 to 12 years of age, inclusive, who have a visit
with a provider with prescribing authority within 30 days of the new
prescription.
(B) Use of Multiple Concurrent Antipsychotics in Children and
Adolescents (HEDIS APC), which does both of the following:
(i) Measures the number of children receiving an antipsychotic
medication for at least 60 out of 90 days and the number of children
who additionally receive a second antipsychotic medication that
overlaps with the first.
(ii) Reports a total rate and age stratifications including 6 to
11 years of age, inclusive, and 12 to 17 years of age, inclusive.
(C) Use of First-Line Psychosocial Care for Children and
Adolescents on Antipsychotics (HEDIS APP), which measures whether a
child has received psychosocial services 90 days before through 30
days after receiving a new prescription for an antipsychotic
medication.
(D) Metabolic Monitoring for Children and Adolescents on
Antipsychotics (HEDIS APM), which does both of the following:
(i) Measures testing for glucose or HbA1c and lipid or cholesterol
of a child who has received at least two different antipsychotic
prescriptions on different days.
(ii) Reports a total rate and age stratifications including 6 to
11 years of age, inclusive, and 12 to 17 years of age, inclusive.
(2) The department shall post the list of data to be collected
pursuant to this subdivision on the department's Internet Web site.
(b) The data in subdivision (a) concerning psychotropic
medication, mental health services, and placement shall be drawn from
existing data maintained by the State Department of Health Care
Services and the State Department of Social Services and shared
pursuant to a data sharing agreement meeting the requirements of all
applicable state and federal laws and regulations.
(c) This section does not apply to a runaway and homeless youth
shelter, as defined in Section 1502.
SEC. 21. Section 1538.9 of the Health
and Safety Code is amended to read:
1538.9. (a) (1) (A) The department shall consult with the State
Department of Health Care Services and stakeholders to establish a
methodology for identifying those group homes providing care under
the AFDC-FC program pursuant to Sections 11460 and 11462 of the
Welfare and Institutions Code that have levels of psychotropic drug
utilization warranting additional review. The methodology shall be
adopted on or before July 1, 2016.
(B) Every three years after adopting the methodology developed
under subparagraph (A), or earlier if needed, the department shall
consult with the State Department of Health Care Services and
stakeholders and revise the methodology, if necessary.
(2) If the department, applying the methodology described in
paragraph (1), determines that a facility appears to have levels of
psychotropic drug utilization warranting additional review, it shall
inspect the facility at least once a year.
(3) The inspection of the facility shall include, but not be
limited to, a review of the following:
(A) Plan of operation, policies, procedures, and practices.
(B) Child-to-staff ratios.
(C) Staff qualifications and training.
(D) Implementation of children's needs and services plan.
(E) Availability of psychosocial and other alternative treatments
to the use of psychotropic medications.
(F) Other factors that the department determines contribute to
levels of psychotropic drug utilization that warrant additional
review.
(G) Confidential interviews of children residing in the facility
at the time of the inspection.
(4) The inspection of the facility may include, but is not limited
to, the following:
(A) Confidential interviews of children who resided in the
facility within the last six months.
(B) Confidential discussions with physicians identified as
prescribing the medications.
(b) Following an inspection conducted pursuant to this section,
the department, as it deems appropriate, may do either or both of the
following:
(1) Share relevant information and observations with county
placing agencies, social workers, probation officers, the court,
dependency counsel, or the Medical Board of California, as
applicable.
(2) Share relevant information and observations with the facility
and require the facility to submit a plan, within 30 days of
receiving the information and observations from the department, to
address any identified risks within the control of the facility
related to psychotropic medication. The department shall approve the
plan and verify implementation of the plan to determine whether those
risks have been remedied.
(c) (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),
until emergency regulations are filed with the Secretary of State,
the department may implement this section through all-county letters
or similar instructions.
(2) On or before January 1, 2017, the department shall adopt
regulations to implement this section. The initial adoption,
amendment, or repeal of a regulation authorized by this subdivision
is deemed to address an emergency, for purposes of Sections 11346.1
and 11349.6 of the Government Code, and the department is hereby
exempted for that purpose from the requirements of subdivision (b) of
Section 11346.1 of the Government Code. After the initial adoption,
amendment, or repeal of an emergency regulation pursuant to this
section, the department may twice request approval from the Office of
Administrative Law to readopt the regulation as an emergency
regulation pursuant to Section 11346.1 of the Government Code. The
department shall adopt final regulations on or before January 1,
2018.
(d) Nothing in this section does any of the following:
(1) Replaces or alters other requirements for responding to
complaints and making inspections or visits to group homes,
including, but not limited to, those set forth in Sections 1534 and
1538.
(2) Prevents or precludes the department from taking any other
action permitted under any other law, including any regulation
adopted pursuant to this chapter.
(e) The methodology developed pursuant to this section shall apply
to short-term residential treatment centers, as defined in Section
1502, in a manner determined by the department.
(e)
( f) This section does not apply to a
runaway and homeless youth shelter, as defined in Section 1502.
SEC. 9. SEC. 22. 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) 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 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. 23. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by a public
or private school.
(4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of a public or
private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) An employee of a county office of education or the State
Department of Education whose duties bring the employee into contact
with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency, as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) A person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in a public or private
school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker, unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) An emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner or other person who performs autopsies.
(29) A commercial film and photographic print or image processor
as specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print or image processor"
means a person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, or
who prepares, publishes, produces, develops, duplicates, or prints
any representation of information, data, or an image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disk, data storage medium, CD-ROM,
computer-generated equipment, or computer-generated image, for
compensation. The term includes any employee of that person; it does
not include a person who develops film or makes prints or images for
a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means a person who, for financial compensation,
acts as a monitor of a visit between a child and another person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means a person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means a person appointed or employed
by a public or private entity as a humane officer who is qualified
pursuant to Section 14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) An employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 5.655 of the California Rules of
Court.
(36) A custodial officer, as defined in Section 831.5.
(37) A person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not, in and
of itself, a sufficient basis for reporting child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary educational institution, whose duties bring the
administrator or employee into contact with children on a regular
basis, or who supervises those whose duties bring the administrator
or employee into contact with children on a regular basis, as to
child abuse or neglect occurring on that institution's premises or at
an official activity of, or program conducted by, the institution.
Nothing in this paragraph shall be construed as altering the
lawyer-client privilege as set forth in Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(44) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary educational institutions.
(45) An individual certified by a licensed foster family agency as
a certified family home, as defined in Section 1506 of the Health
and Safety Code.
(46) An individual approved as a resource family, as defined in
Section 1517 of the Health and Safety Code and Section 16519.5 of the
Welfare and Institutions Code.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Except as provided in subdivision (d), employers are strongly
encouraged to provide their employees who are mandated reporters with
training in the duties imposed by this article. This training shall
include training in child abuse and neglect identification and
training in child abuse and neglect reporting. Whether or not
employers provide their employees with training in child abuse and
neglect identification and reporting, the employers shall provide
their employees who are mandated reporters with the statement
required pursuant to subdivision (a) of Section 11166.5.
(d) Pursuant to Section 44691 of the Education Code, school
districts, county offices of education, state special schools and
diagnostic centers operated by the State Department of Education, and
charter schools shall annually train their employees and persons
working on their behalf specified in subdivision (a) in the duties of
mandated reporters under the child abuse reporting laws. The
training shall include, but not necessarily be limited to, training
in child abuse and neglect identification and child abuse and neglect
reporting.
(e) (1) On and after January 1, 2018, pursuant to Section
1596.8662 of the Health and Safety Code, a child care licensee
applicant shall take training in the duties of mandated reporters
under the child abuse reporting laws as a condition of licensure, and
a child care administrator or an employee of a licensed child day
care facility shall take training in the duties of mandated reporters
during the first 90 days when he or she is employed by the facility.
(2) A person specified in paragraph (1) who becomes a licensee,
administrator, or employee of a licensed child day care facility
shall take renewal mandated reporter training every two years
following the date on which he or she completed the initial mandated
reporter training. The training shall include, but not necessarily be
limited to, training in child abuse and neglect identification and
child abuse and neglect reporting.
(f) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(g) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 24. Section 1541 of the Probate
Code is amended to re ad:
1541. In addition to the other required contents of the petition
for appointment of a guardian, the petition shall include both of the
following:
(a) A statement by the proposed guardian that, upon request by an
agency referred to in Section 1543 for information relating to the
investigation referred to in that section, the proposed guardian will
promptly submit the information required.
(b) A disclosure of any petition for adoption by the proposed
guardian of the minor who is the subject of the guardianship petition
regardless of when or where filed.
(c) A statement whether or not the home of the proposed guardian
is licensed as a foster family home. a
licensed foster family home, a certified family home of a licensed
foster family agency, or a resource family home approved by a county
or a licensed foster family agency.
SEC. 25. Section 1543 of the Probate
Code is amended to read:
1543. (a) If the petition as filed or as amended states that an
adoption petition has been filed, a report with respect to the
suitability of the proposed guardian for guardianship shall be filed
with the court by the agency investigating the adoption. In other
cases, the local agency designated by the board of supervisors to
provide public social services shall file a report with the court
with respect to the proposed guardian of the same character required
to be made with regard to an applicant for foster family home
licensure. licensure, or, on and after
January 1, 2020, resource family approval, as described in Section
16519.5 of the Welfare and Institutions Code.
(b) The report filed with the court pursuant to this section is
confidential. The report may be considered by the court and shall be
made available only to the persons who have been served in the
proceeding and the persons who have appeared in the proceeding or
their attorneys. The report may be received in evidence upon
stipulation of counsel for all such of those
persons who are present at the hearing or, if such
a person is present at the hearing but is not
represented by counsel, upon consent of such
that person.
SEC. 26. Section 291 of the Welfare and
Institutions Code , as amended by Section 5 of
Chapter 219 of the Statutes of 2015, is amended to read:
291. After the initial petition hearing, the clerk of the court
shall cause the notice to be served in the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The father or fathers, presumed and alleged.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) Each attorney of record unless counsel of record is present in
court when the hearing is scheduled, then no further notice need be
given.
(7) If there is no parent or guardian residing in California, or
if the residence is unknown, then to any adult relative residing
within the county, or, if none, the adult relative residing nearest
the court.
(8) If the hearing is a dispositional hearing that is also serving
as a permanency hearing pursuant to subdivision (f) of Section
361.5, notice shall be given to the current caregiver for the child,
including foster parents, relative caregivers, preadoptive parents,
and nonrelative extended family members.
members, and resource family. Any person
notified may attend all hearings and may submit any information he or
she deems relevant to the court in writing.
(b) No notice is required for a parent whose parental rights have
been terminated.
(c) Notice shall be served as follows:
(1) If the child is detained, the notice shall be given to the
persons required to be noticed as soon as possible, and at least five
days before the hearing, unless the hearing is set less than five
days and then at least 24 hours prior to the hearing.
(2) If the child is not detained, the notice shall be given to
those persons required to be noticed at least 10 days prior to the
date of the hearing.
(d) The notice shall include all of the following:
(1) The name and address of the person notified.
(2) The nature of the hearing.
(3) Each section and subdivision under which the proceeding has
been initiated.
(4) The date, time, and place of the hearing.
(5) The name of the child upon whose behalf the petition has been
brought.
(6) A statement that:
(A) If they fail to appear, the court may proceed without them.
(B) The child, parent, guardian, Indian custodian, or adult
relative to whom notice is required to be given pursuant to paragraph
(1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an
attorney present at the hearing.
(C) If the parent, guardian, Indian custodian, or adult relative
noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
(a) is indigent and cannot afford an attorney, and desires to be
represented by an attorney, the parent, guardian, Indian custodian,
or adult relative shall promptly notify the clerk of the juvenile
court.
(D) If an attorney is appointed to represent the parent, guardian,
Indian custodian, or adult relative, the represented person shall be
liable for all or a portion of the costs to the extent of his or her
ability to pay.
(E) The parent, guardian, Indian custodian, or adult relative may
be liable for the costs of support of the child in any out-of-home
placement.
(7) A copy of the petition.
(e) Service of the notice of the hearing shall be given in the
following manner:
(1) If the child is detained and the persons required to be
noticed are not present at the initial petition hearing, they shall
be noticed by personal service or by certified mail, return receipt
requested.
(2) If the child is detained and the persons required to be
noticed are present at the initial petition hearing, they shall be
noticed by personal service or by first-class mail.
(3) If the child is not detained, the persons required to be
noticed shall be noticed by personal service or by first-class mail,
unless the person to be served is known to reside outside the county,
in which case service shall be by first-class mail.
(4) Except as provided in subdivisions (g), (h), and (i), notice
may be served by electronic mail in lieu of notice by first-class
mail if the county, or city and county, and the court choose to
permit service by electronic mail and the person to be served has
consented to service by electronic mail by signing Judicial Council
Form EFS-005.
(f) Any of the notices required to be given under this section or
Sections 290.1 and 290.2 may be waived by a party in person or
through his or her attorney, or by a signed written waiver filed on
or before the date scheduled for the hearing.
(g) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:
(1) The county, or city and county, and the court choose to permit
service by electronic mail.
(2) The child is 16 years of age or older.
(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:
(1) The county, or city and county, and the court choose to permit
service by electronic mail.
(2) The child is 14 or 15 years of age.
(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 27. Section 291 of the Welfare and
Institutions Code , as added by Section 6 of Chapter
219 of the Statutes of 2015, is amended to read:
291. After the initial petition hearing, the clerk of the court
shall cause the notice to be served in the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The father or fathers, presumed and alleged.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) Each attorney of record unless counsel of record is present in
court when the hearing is scheduled, then no further notice need be
given.
(7) If there is no parent or guardian residing in California, or
if the residence is unknown, then to any adult relative residing
within the county, or, if none, the adult relative residing nearest
the court.
(8) If the hearing is a dispositional hearing that is also serving
as a permanency hearing pursuant to subdivision (f) of Section
361.5, notice shall be given to the current caregiver for the child,
including foster parents, relative caregivers, preadoptive parents,
and nonrelative extended family members.
members, and resource family. Any person
notified may attend all hearings and may submit any information he or
she deems relevant to the court in writing.
(b) No notice is required for a parent whose parental rights have
been terminated.
(c) Notice shall be served as follows:
(1) If the child is detained, the notice shall be given to the
persons required to be noticed as soon as possible, and at least five
days before the hearing, unless the hearing is set less than five
days and then at least 24 hours prior to the hearing.
(2) If the child is not detained, the notice shall be given to
those persons required to be noticed at least 10 days prior to the
date of the hearing.
(d) The notice shall include all of the following:
(1) The name and address of the person notified.
(2) The nature of the hearing.
(3) Each section and subdivision under which the proceeding has
been initiated.
(4) The date, time, and place of the hearing.
(5) The name of the child upon whose behalf the petition has been
brought.
(6) A statement that:
(A) If they fail to appear, the court may proceed without them.
(B) The child, parent, guardian, Indian custodian, or adult
relative to whom notice is required to be given pursuant to paragraph
(1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an
attorney present at the hearing.
(C) If the parent, guardian, Indian custodian, or adult relative
noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
(a) is indigent and cannot afford an attorney, and desires to be
represented by an attorney, the parent, guardian, Indian custodian,
or adult relative shall promptly notify the clerk of the juvenile
court.
(D) If an attorney is appointed to represent the parent, guardian,
Indian custodian, or adult relative, the represented person shall be
liable for all or a portion of the costs to the extent of his or her
ability to pay.
(E) The parent, guardian, Indian custodian, or adult relative may
be liable for the costs of support of the child in any out-of-home
placement.
(7) A copy of the petition.
(e) Service of the notice of the hearing shall be given in the
following manner:
(1) If the child is detained and the persons required to be
noticed are not present at the initial petition hearing, they shall
be noticed by personal service or by certified mail, return receipt
requested.
(2) If the child is detained and the persons required to be
noticed are present at the initial petition hearing, they shall be
noticed by personal service or by first-class mail.
(3) If the child is not
detained, the persons required to be noticed shall be noticed by
personal service or by first-class mail, unless the person to be
served is known to reside outside the county, in which case service
shall be by first-class mail.
(f) Any of the notices required to be given under this section or
Sections 290.1 and 290.2 may be waived by a party in person or
through his or her attorney, or by a signed written waiver filed on
or before the date scheduled for the hearing.
(g) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
(h) This section shall become operative on January 1, 2019.
SEC. 28. Section 293 of the Welfare and
Institutions Code , as amended by Section 9 of Chapter
219 of the Statutes of 2015, is amended to read:
293. The social worker or probation officer shall give notice of
the review hearings held pursuant to Section 366.21, 366.22, or
366.25 in the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father or any father receiving services.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, resource family,
community care facility, or foster family agency having custody
of the child. In a case in which a foster family agency is notified
of the hearing pursuant to this section, and the child resides in a
foster home certified by the foster family agency, the foster family
agency shall provide timely notice of the hearing to the child's
caregivers.
(7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.
(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section 11400,
no notice is required for a parent.
(c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.
(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency. If the notice is
to the child, parent or parents, or legal guardian or guardians, the
notice shall also advise them of the right to be present, the right
to be represented by counsel, the right to request counsel, and the
right to present evidence. The notice shall also state that if the
parent or parents or legal guardian or guardians fail to appear, the
court may proceed without them.
(e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail. Except as provided in subdivisions (g), (h), and (i), notice
may be served by electronic mail in lieu of notice by first-class
mail if the county, or city and county, and the court choose to
permit service by electronic mail and the person to be served has
consented to service by electronic mail by signing Judicial Council
Form EFS-005.
(f) Notice to the current caregiver of the child, including a
foster parent, a relative caregiver, a preadoptive parent,
or a nonrelative extended family member, or to
a resource family, a certified foster parent who
has been approved for adoption, or the State Department of Social
Services when it is acting as an adoption agency or by a county
adoption agency, shall indicate that the person notified may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:
(1) The county, or city and county, and the court choose to permit
service by electronic mail.
(2) The child is 16 years of age or older.
(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:
(1) The county, or city and county, and the court choose to permit
service by electronic mail.
(2) The child is 14 or 15 years of age.
(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 29. Section 293 of the Welfare and
Institutions Code , as added by Section 10 of
Chapter 219 of the Statutes of 2015, is amended to read:
293. The social worker or probation officer shall give notice of
the review hearings held pursuant to Section 366.21, 366.22, or
366.25 in the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father or any father receiving services.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, resource family,
community care facility, or foster family agency having custody
of the child. In a case in which a foster family agency is notified
of the hearing pursuant to this section, and the child resides in a
foster home certified by the foster family agency, the foster family
agency shall provide timely notice of the hearing to the child's
caregivers.
(7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.
(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section 11400,
no notice is required for a parent.
(c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.
(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency. If the notice is
to the child, parent or parents, or legal guardian or guardians, the
notice shall also advise them of the right to be present, the right
to be represented by counsel, the right to request counsel, and the
right to present evidence. The notice shall also state that if the
parent or parents or legal guardian or guardians fail to appear, the
court may proceed without them.
(e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail.
(f) Notice to the current caregiver of the child, including a
foster parent, a relative caregiver, a preadoptive parent,
or a nonrelative extended family member, or to
a resource family, a certified foster parent who
has been approved for adoption, or the State Department of Social
Services when it is acting as an adoption agency or by a county
adoption agency, shall indicate that the person notified may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
(h) This section shall become operative on January 1, 2019.
SEC. 30. Section 294 of the Welfare and
Institutions Code , as amended by Section 11 of Chapter
219 of t he Statutes of 2015, is amended to
read:
294. The social worker or probation officer shall give notice of
a selection and implementation hearing held pursuant to Section
366.26 in the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The fathers, presumed and alleged.
(3) The child, if the child is 10 years of age or older.
(4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
(6) All counsel of record.
(7) To any unknown parent by publication, if ordered by the court
pursuant to paragraph (2) of subdivision (g).
(8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and
nonrelative extended family members. members,
or resource family. Any person notified may attend all
hearings and may submit any information he or she deems relevant to
the court in writing.
(b) The following persons shall not be notified of the hearing:
(1) A parent who has relinquished the child to the State
Department of Social Services, county adoption agency, or licensed
adoption agency for adoption, and the relinquishment has been
accepted and filed with notice as required under Section 8700 of the
Family Code.
(2) An alleged father who has denied paternity and has executed a
waiver of the right to notice of further proceedings.
(3) A parent whose parental rights have been terminated.
(c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time the
notice is personally delivered to the person named in the notice or
10 days after the notice has been placed in the mail or sent by
electronic mail, or at the expiration of the time prescribed by the
order for publication.
(2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.
(d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent
notice for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made pursuant
to Section 296, except as provided in paragraphs (2) and (3) of
subdivision (h) and subdivision (i), by electronic mail if the
county, or city and county, and the court choose to permit service by
electronic mail and the person to be served has consented to service
by electronic mail by signing Judicial Council Form EFS-005, or by
any other means that the court determines is reasonably calculated,
under any circumstance, to provide notice of the continued hearing.
However, if the recommendation changes from the recommendation
contained in the notice previously found to be proper, notice shall
be provided to the parent, and to any person entitled to receive
notice pursuant to this section, regarding that subsequent hearing.
(e) The notice shall contain the following information:
(1) The date, time, and place of the hearing.
(2) The right to appear.
(3) The parents' right to counsel.
(4) The nature of the proceedings.
(5) The recommendation of the supervising agency.
(6) A statement that, at the time of hearing, the court is
required to select a permanent plan of adoption, legal guardianship,
or long-term foster care placement with a fit
and willing relative, or another planned permanent living
arrangement, as appropriate, for the child.
(f) Notice to the parents may be given in any one of the following
manners:
(1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or
long-term foster care placement with a fit and willing
relative, or another planned permanent living
arrangement, as appropriate, for the child. The court shall
direct the parent to appear for the proceedings and then direct that
the parent be notified thereafter by first-class mail to the parent's
usual place of residence or business only. In lieu of notice by
first-class mail, notice may be served by electronic mail if the
county, or city and county, and the court choose to permit service by
electronic mail and the person to be served has consented to service
by electronic mail by signing Judicial Council Form EFS-005.
(2) Certified mail, return receipt requested, to the parent's last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
(3) Personal service to the parent named in the notice.
(4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
(5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
(6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care,
guardianship, placement with a fit and
willing relative, or another planned permanent living arrangement, as
appropriate, or, in the case of an Indian child,
tribal customary adoption, service may be made by first-class mail to
the parent's usual place of residence or business. In lieu of notice
by first-class mail, notice may be served by electronic mail if the
county, or city and county, and the court choose to permit service by
electronic mail and the person to be served has consented to service
by electronic mail by signing Judicial Council Form EFS-005.
(7) If a parent's identity is known but his or her whereabouts are
unknown and the parent cannot, with reasonable diligence, be served
in any manner specified in paragraphs (1) to (6), inclusive, the
petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.
(A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.
(B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term
foster care, guardianship, placement with a fit and
willing relative, or another planned permanent living arrangement, as
appropriate, no further notice is required to the parent, but
the court shall order that notice be given to the grandparents of the
child, if their identities and addresses are known, by first-class
mail.
(C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
(g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit filed with the court at least 75 days before the hearing
date and the court, consistent with the provisions of Sections 7665
and 7666 of the Family Code, shall issue an order dispensing with
notice to a natural parent or possible natural parent under this
section if, after inquiry and a determination that there has been due
diligence in attempting to identify the unknown parent, the court is
unable to identify the natural parent or possible natural parent and
no person has appeared claiming to be the natural parent.
(2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph (1)
and the probation officer or social worker recommends adoption, the
court shall consider whether publication notice would be likely to
lead to actual notice to the unknown parent. The court may order
publication notice if, on the basis of all information before the
court, the court determines that notice by publication is likely to
lead to actual notice to the parent. If publication notice to an
unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall require
the unknown parent or parents to appear at the date, time, and place
stated in the citation. Publication shall be made once a week for
four consecutive weeks.
(3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged
parents, of the child and the probation officer or social worker
recommends legal guardianship or long-term foster care,
guardianship, placement with a fit and willing
relative, or another planned permanent living arrangement,
as appropriate, no further notice to the parent shall be
required.
(h) (1) Notice to all counsel of record shall be by first-class
mail, or by electronic mail if the county, or city and county, and
the court choose to permit service by electronic mail and the person
to be served has consented to service by electronic mail by signing
Judicial Council Form EFS-005.
(2) Except as provided in paragraph (3), if notice is required to
be provided to a child, written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:
(A) The county, or city and county, and the court choose to permit
service by electronic mail.
(B) The child is 16 years of age or older.
(C) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(D) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(3) If notice is required to be provided to a child, written
notice may be served on the child by electronic mail as well as by
regular mail if all of the following requirements are satisfied:
(A) The county, or city and county, and the court choose to permit
service by electronic mail.
(B) The child is 14 or 15 years of age.
(C) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(D) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
(j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
(k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
(l) The court shall state the reasons on the record explaining why
good cause exists for granting any continuance of a hearing held
pursuant to Section 366.26 to fulfill the requirements of this
section.
(m) Notwithstanding any choice by a county, or city and county,
and the court to permit service of written notice of court
proceedings by electronic mail, or consent by any person to service
of written notice by electronic mail by signing Judicial Council Form
EFS-005, notice of any hearing at which the county welfare
department is recommending the termination of parental rights may
only be served by electronic mail if supplemental and in addition to
the other forms of notice provided for in this section.
(n) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 31. Section 294 of the Welfare and
Institutions Code , as added by Section 12 of
Chapter 219 of the Statutes of 2015, is amended to read:
294. The social worker or probation officer shall give notice of
a selection and implementation hearing held pursuant to Section
366.26 in the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The fathers, presumed and alleged.
(3) The child, if the child is 10 years of age or older.
(4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
(6) All counsel of record.
(7) To any unknown parent by publication, if ordered by the court
pursuant to paragraph (2) of subdivision (g).
(8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and
nonrelative extended family members. members,
or resource family. Any person notified may attend all
hearings and may submit any information he or she deems relevant to
the court in writing.
(b) The following persons shall not be notified of the hearing:
(1) A parent who has relinquished the child to the State
Department of Social Services, county adoption agency, or licensed
adoption agency for adoption, and the relinquishment has been
accepted and filed with notice as required under Section 8700 of the
Family Code.
(2) An alleged father who has denied paternity and has executed a
waiver of the right to notice of further proceedings.
(3) A parent whose parental rights have been terminated.
(c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time the
notice is personally delivered to the person named in the notice or
10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.
(2)
Service of notice in cases where publication is ordered shall be
completed at least 30 days before the date of the hearing.
(d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent
notice for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made pursuant
to Section 296, or by any other means that the court determines is
reasonably calculated, under any circumstance, to provide notice of
the continued hearing. However, if the recommendation changes from
the recommendation contained in the notice previously found to be
proper, notice shall be provided to the parent, and to any person
entitled to receive notice pursuant to this section, regarding that
subsequent hearing.
(e) The notice shall contain the following information:
(1) The date, time, and place of the hearing.
(2) The right to appear.
(3) The parents' right to counsel.
(4) The nature of the proceedings.
(5) The recommendation of the supervising agency.
(6) A statement that, at the time of hearing, the court is
required to select a permanent plan of adoption, legal guardianship,
or long-term foster care placement
with a fit and willing relative, or another planned permanent living
arrangement, as appropriate, for the child.
(f) Notice to the parents may be given in any one of the following
manners:
(1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or
long-term foster care placement with a fit
and willing relative, or another planned permanent living
arrangement, as appropriate, for the child. The court shall
direct the parent to appear for the proceedings and then direct that
the parent be notified thereafter by first-class mail to the parent's
usual place of residence or business only.
(2) Certified mail, return receipt requested, to the parent's last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
(3) Personal service to the parent named in the notice.
(4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
(5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
(6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care,
guardianship, placement with a fit and willing
relative, or another planned permanent living arrangement, as
appropriate, or, in the case of an Indian child, tribal
customary adoption, service may be made by first-class mail to the
parent's usual place of residence or business.
(7) If a parent's identity is known but his or her whereabouts are
unknown and the parent cannot, with reasonable diligence, be served
in any manner specified in paragraphs (1) to (6), inclusive, the
petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.
(A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.
(B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term
foster care, guardianship, placement with a fit and
willing relative, or another planned permanent living arrangement, as
appropriate, no further notice is required to the parent, but
the court shall order that notice be given to the grandparents of the
child, if their identities and addresses are known, by first-class
mail.
(C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
(g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit filed with the court at least 75 days before the hearing
date and the court, consistent with the provisions of Sections 7665
and 7666 of the Family Code, shall issue an order dispensing with
notice to a natural parent or possible natural parent under this
section if, after inquiry and a determination that there has been due
diligence in attempting to identify the unknown parent, the court is
unable to identify the natural parent or possible natural parent and
no person has appeared claiming to be the natural parent.
(2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph (1)
and the probation officer or social worker recommends adoption, the
court shall consider whether publication notice would be likely to
lead to actual notice to the unknown parent. The court may order
publication notice if, on the basis of all information before the
court, the court determines that notice by publication is likely to
lead to actual notice to the parent. If publication notice to an
unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall require
the unknown parent or parents to appear at the date, time, and place
stated in the citation. Publication shall be made once a week for
four consecutive weeks.
(3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged
parents, of the child and the probation officer or social worker
recommends legal guardianship or long-term foster care,
guardianship, placement with a fit and willing
relative, or another planned permanent living arrangement, as
appropriate, no further notice to the parent shall be required.
(h) Notice to the child and all counsel of record shall be by
first-class mail.
(i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
(j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
(k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
(l) The court shall state the reasons on the record explaining why
good cause exists for granting any continuance of a hearing held
pursuant to Section 366.26 to fulfill the requirements of this
section.
(m) This section shall become operative on January 1, 2019.
SEC. 32. Section 295 of the Welfare and
Institutions Code , as amended by Section 13 of Chapter
219 of the Statutes of 2015, is amended to read:
295. The social worker or probation officer shall give notice of
review hearings held pursuant to Sections 366.3 and 366.31 and for
termination of jurisdiction hearings held pursuant to Section 391 in
the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older, or a
nonminor dependent.
(5) Any known sibling of the child or nonminor dependent who is
the subject of the hearing if that sibling either is the subject of a
dependency proceeding or has been adjudged to be a dependent child
of the juvenile court. If the sibling is 10 years of age or older,
the sibling, the sibling's caregiver, and the sibling's attorney. If
the sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) The current caregiver of the child, including the foster
parents, relative caregivers, preadoptive parents, nonrelative
extended family members, resource family ,
community care facility, or foster family agency having physical
custody of the child if a child is removed from the physical custody
of the parents or legal guardian. The person notified may attend all
hearings and may submit any information he or she deems relevant to
the court in writing.
(7) The current caregiver of a nonminor dependent, as described in
subdivision (v) of Section 11400. The person notified may attend all
hearings and may submit for filing an original and eight copies of
written information he or she deems relevant to the court. The court
clerk shall provide the current parties and attorneys of record with
a copy of the written information immediately upon receipt and
complete, file, and distribute a proof of service.
(8) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.
(9) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.
(b) No notice shall be required for a parent whose parental rights
have been terminated or for the parent of a nonminor dependent, as
described in subdivision (v) of Section 11400, unless the parent is
receiving court-ordered family reunification services pursuant to
Section 361.6.
(c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.
(d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any recommendation
that the court set a new hearing pursuant to Section 366.26 in order
to select a more permanent plan.
(e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. Except as
provided in subdivisions (g), (h), and (i), notice may be served by
electronic mail in lieu of notice by first-class mail if the county,
or city and county, and the court choose to permit service by
electronic mail and the person to be served has consented to service
by electronic mail by signing Judicial Council Form EFS-005. In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.
(f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify the
guardianship is filed, the probation officer or social worker shall
serve notice of the petition not less than 15 court days prior to the
hearing on all persons listed in subdivision (a) and on the court
that established legal guardianship if it is in another county.
(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:
(1) The county, or city and county, and the court choose to permit
service by electronic mail.
(2) The child is 16 years of age or older.
(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:
(1) The county, or city and county, and the court choose to permit
service by electronic mail.
(2) The child is 14 or 15 years of age.
(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 33. Section 295 of the Welfare and
Institutions Code , as added by Section 14 of
Chapter 219 of the Statutes of 2015, is amended to read:
295. The social worker or probation officer shall give notice of
review hearings held pursuant to Sections 366.3 and 366.31 and for
termination of jurisdiction hearings held pursuant to Section 391 in
the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older, or a
nonminor dependent.
(5) Any known sibling of the child or nonminor dependent who is
the subject of the hearing if that sibling either is the subject of a
dependency proceeding or has been adjudged to be a dependent child
of the juvenile court. If the sibling is 10 years of age or older,
the sibling, the sibling's caregiver, and the sibling's attorney. If
the sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) The current caregiver of the child, including the foster
parents, relative caregivers, preadoptive parents, nonrelative
extended family members, resource family, community care
facility, or foster family agency having physical custody of the
child if a child is removed from the physical custody of the parents
or legal guardian. The person notified may attend all hearings and
may submit any information he or she deems relevant to the court in
writing.
(7) The current caregiver of a nonminor dependent, as described in
subdivision (v) of Section 11400. The person notified may attend all
hearings and may submit for filing an original and eight copies of
written information he or she deems relevant to the court. The court
clerk shall provide the current parties and attorneys of record with
a copy of the written information immediately upon receipt and
complete, file, and distribute a proof of service.
(8) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.
(9) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.
(b) No notice shall be required for a parent whose parental rights
have been terminated or for the parent of a nonminor dependent, as
described in subdivision (v) of Section 11400, unless the parent is
receiving court-ordered family reunification services pursuant to
Section 361.6.
(c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.
(d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any recommendation
that the court set a new hearing pursuant to Section 366.26 in order
to select a more permanent plan.
(e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.
(f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify the
guardianship is filed, the probation officer or social worker shall
serve notice of the petition not less than 15 court days prior to the
hearing on all persons listed in subdivision (a) and on the court
that established legal guardianship if it is in another county.
(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
(h) This section shall become operative on January 1, 2019.
SEC. 10. SEC. 34. 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. agency,
with prior approval of the county placing 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 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. 35. Section 361.5 of the Welfare
and Institutions Code is amended to read:
361.5. (a) Except as provided in subdivision (b), or when the
parent has voluntarily relinquished the child and the relinquishment
has been filed with the State Department of Social Services, or upon
the establishment of an order of guardianship pursuant to Section
360, or when a court adjudicates a petition under Section 329 to
modify the court's jurisdiction from delinquency jurisdiction to
dependency jurisdiction pursuant to subparagraph (A) of paragraph (2)
of subdivision (b) of Section 607.2 and the parents or guardian of
the ward have had reunification services terminated under the
delinquency jurisdiction, whenever a child is removed from a parent's
or guardian's custody, the juvenile court shall order the social
worker to provide child welfare services to the child and the child's
mother and statutorily presumed father or guardians. Upon a finding
and declaration of paternity by the juvenile court or proof of a
prior declaration of paternity by any court of competent
jurisdiction, the juvenile court may order services for the child and
the biological father, if the court determines that the services
will benefit the child.
(1) Family reunification services, when provided, shall be
provided as follows:
(A) Except as otherwise provided in subparagraph (C), for a child
who, on the date of initial removal from the physical custody of his
or her parent or guardian, was three years of age or older,
court-ordered services shall be provided beginning with the
dispositional hearing and ending 12 months after the date the child
entered foster care as provided in Section 361.49, unless the child
is returned to the home of the parent or guardian.
(B) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under three
years of age, court-ordered services shall be provided for a period
of six months from the dispositional hearing as provided in
subdivision (e) of Section 366.21, but no longer than 12 months from
the date the child entered foster care as provided in Section 361.49
unless the child is returned to the home of the parent or guardian.
(C) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under three years of age on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services for some or all of the sibling group may be
limited as set forth in subparagraph (B). For the purposes of this
paragraph, "a sibling group" shall mean two or more children who are
related to each other as full or half siblings.
(2) Any motion to terminate court-ordered reunification services
prior to the hearing set pursuant to subdivision (f) of Section
366.21 for a child described by subparagraph (A) of paragraph (1), or
prior to the hearing set pursuant to subdivision (e) of Section
366.21 for a child described by subparagraph (B) or (C) of paragraph
(1), shall be made pursuant to the requirements set forth in
subdivision (c) of Section 388. A motion to terminate court-ordered
reunification services shall not be required at the hearing set
pursuant to subdivision (e) of Section 366.21 if the court finds by
clear and convincing evidence one of the following:
(A) That the child was removed initially under subdivision (g) of
Section 300 and the whereabouts of the parent are still unknown.
(B) That the parent has failed to contact and visit the child.
(C) That the parent has been convicted of a felony indicating
parental unfitness.
(3) Notwithstanding subparagraphs (A), (B), and (C) of paragraph
(1), court-ordered services may be extended up to a maximum time
period not to exceed 18 months after the date the child was
originally removed from physical custody of his or her parent or
guardian if it can be shown, at the hearing held pursuant to
subdivision (f) of Section 366.21, that the permanent plan for the
child is that he or she will be returned and safely maintained in the
home within the extended time period. The court shall extend the
time period only if it finds that there is a substantial probability
that the child will be returned to the physical custody of his or her
parent or guardian within the extended time period or that
reasonable services have not been provided to the parent or guardian.
In determining whether court-ordered services may be extended, the
court shall consider the special circumstances of an incarcerated or
institutionalized parent or parents, parent or parents court-ordered
to a residential substance abuse treatment program, or a parent who
has been arrested and issued an immigration hold, detained by the
United States Department of Homeland Security, or deported to his or
her country of origin, including, but not limited to, barriers to the
parent's or guardian's access to services and ability to maintain
contact with his or her child. The court shall also consider, among
other factors, good faith efforts that the parent or guardian has
made to maintain contact with the child. If the court extends the
time period, the court shall specify the factual basis for its
conclusion that there is a substantial probability that the child
will be returned to the physical custody of his or her parent or
guardian within the extended time period. The court also shall make
findings pursuant to subdivision (a) of Section 366 and subdivision
(e) of Section 358.1.
When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child, or
unless a parent or guardian is incarcerated of detained by the
United States Department of Homeland Security and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court, or has been deported
to his or her country of origin and services ordered by the court are
not accessible in that country. Physical custody of the child by the
parents or guardians during the applicable time period under
subparagraph (A), (B), or (C) of paragraph (1) shall not serve to
interrupt the running of the time period. If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
In cases where the child was under three years of age on the date
of the initial removal from the physical custody of his or her parent
or guardian or is a member of a sibling group as described in
subparagraph (C) of paragraph (1), the court shall inform the parent
or guardian that the failure of the parent or guardian to participate
regularly in any court-ordered treatment programs or to cooperate or
avail himself or herself of services provided as part of the child
welfare services case plan may result in a termination of efforts to
reunify the family after six months. The court shall inform the
parent or guardian of the factors used in subdivision (e) of Section
366.21 to determine whether to limit services to six months for some
or all members of a sibling group as described in subparagraph (C) of
paragraph (1).
(4) Notwithstanding paragraph (3), court-ordered services may be
extended up to a maximum time period not to exceed 24 months after
the date the child was originally removed from physical custody of
his or her parent or guardian if it is shown, at the hearing held
pursuant to subdivision (b) of Section 366.22, that the permanent
plan for the child is that he or she will be returned and safely
maintained in the home within the extended time period. The court
shall extend the time period only if it finds that it is in the child'
s best interest to have the time period extended and that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian who is described in
subdivision (b) of Section 366.22 within the extended time period,
or that reasonable services have not been provided to the parent or
guardian. If the court extends the time period, the court shall
specify the factual basis for its conclusion that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period. The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.
When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
in order for substantial probability to be found. Physical custody
of the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the time period. If at the end of
the applicable time period, the child cannot be safely returned to
the care and custody of a parent or guardian without court
supervision, but the child clearly desires contact with the parent or
guardian, the court shall take the child's desire into account in
devising a permanency plan.
Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
(b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
(1) That the whereabouts of the parent or guardian is unknown. A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian. The posting or publication of notices is not
required in that search.
(2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
(3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.
(4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
(5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
(6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half sibling of the child, or
between the child or a sibling or half sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
(7) That the parent is not receiving reunification services for a
sibling or a half sibling of the child pursuant to paragraph (3),
(5), or (6).
(8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses. This paragraph only applies
to the parent who committed the offense or act.
(9) That the child has been found to be a child described in
subdivision (g) of Section 300; that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or that
the parent or other person having custody of the child voluntarily
surrendered physical custody of the child pursuant to Section 1255.7
of the Health and Safety Code. For the purposes of this paragraph,
"serious danger" means that without the intervention of another
person or agency, the child would have sustained severe or permanent
disability, injury, illness, or death. For purposes of this
paragraph, "willful abandonment" shall not be construed as actions
taken in good faith by the parent without the intent of placing the
child in serious danger.
(10) That the court ordered termination of reunification services
for any siblings or half siblings of the child because the parent or
guardian failed to reunify with the sibling or half sibling after the
sibling or half sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is the
same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half sibling of that child from that
parent or guardian.
(11) That the parental rights of a parent over any sibling or half
sibling of the child had been permanently severed, and this parent
is the same parent described in subdivision (a), and that, according
to the findings of the court, this parent has not subsequently made a
reasonable effort to treat the problems that led to removal of the
sibling or half sibling of that child from the parent.
(12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
(13) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior court-ordered treatment for this problem during a
three-year period immediately prior to the filing of the petition
that brought that child to the court's attention, or has failed or
refused to comply with a program of drug or alcohol treatment
described in the case plan required by Section 358.1 on at least two
prior occasions, even though the programs identified were available
and accessible.
(14) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council. The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption. The court shall not accept the waiver of services
unless it states on the record its finding that the parent or
guardian has knowingly and intelligently waived the right to
services.
(15) That
the parent or guardian has on one or more occasions willfully
abducted the child or child's sibling or half sibling from his or her
placement and refused to disclose the child's or child's sibling's
or half sibling's whereabouts, refused to return physical custody of
the child or child's sibling or half sibling to his or her placement,
or refused to return physical custody of the child or child's
sibling or half sibling to the social worker.
(16) That the parent or guardian has been required by the court to
be registered on a sex offender registry under the federal Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec. 16913
(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the Child Abuse
Prevention and Treatment Act of 2006 (42 U.S.C. Sec. 5106a(2)(B)
(xvi)(VI)).
(c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately
caring for the child within the time limits specified in subdivision
(a).
The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), or (16) of subdivision (b) unless the court
finds, by clear and convincing evidence, that reunification is in the
best interest of the child.
In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent. The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful. The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
(d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
(e) (1) If the parent or guardian is incarcerated,
institutionalized, or detained by the United States Department of
Homeland Security, or has been deported to his or her country of
origin, the court shall order reasonable services unless the court
determines, by clear and convincing evidence, those services would be
detrimental to the child. In determining detriment, the court shall
consider the age of the child, the degree of parent-child bonding,
the length of the sentence, the length and nature of the treatment,
the nature of the crime or illness, the degree of detriment to the
child if services are not offered and, for children 10 years of age
or older, the child's attitude toward the implementation of family
reunification services, the likelihood of the parent's discharge from
incarceration, institutionalization, or detention within the
reunification time limitations described in subdivision (a), and any
other appropriate factors. In determining the content of reasonable
services, the court shall consider the particular barriers to an
incarcerated, institutionalized, detained, or deported parent's
access to those court-mandated services and ability to maintain
contact with his or her child, and shall document this information in
the child's case plan. Reunification services are subject to the
applicable time limitations imposed in subdivision (a). Services may
include, but shall not be limited to, all of the following:
(A) Maintaining contact between the parent and child through
collect telephone calls.
(B) Transportation services, where appropriate.
(C) Visitation services, where appropriate.
(D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
An incarcerated or detained parent may be required to attend
counseling, parenting classes, or vocational training programs as
part of the reunification service plan if actual access to these
services is provided. The social worker shall document in the child's
case plan the particular barriers to an incarcerated,
institutionalized, or detained parent's access to those
court-mandated services and ability to maintain contact with his or
her child.
(E) Reasonable efforts to assist parents who have been deported to
contact child welfare authorities in their country of origin, to
identify any available services that would substantially comply with
case plan requirements, to document the parents' participation in
those services, and to accept reports from local child welfare
authorities as to the parents' living situation, progress, and
participation in services.
(2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code. The county welfare
department shall utilize the prisoner locator system developed by the
Department of Corrections and Rehabilitation to facilitate timely
and effective notice of hearings for incarcerated parents.
(3) Notwithstanding any other provision of law,
if the incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
and Rehabilitation pursuant to Chapter 4.8 (commencing with Section
1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent's participation in a program is in the
child's best interest and whether it is suitable to meet the needs of
the parent and child.
(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), (15), or (16) of
subdivision (b) or paragraph (1) of subdivision (e), does not order
reunification services, it shall, at the dispositional hearing, that
shall include a permanency hearing, determine if a hearing under
Section 366.26 shall be set in order to determine whether adoption,
guardianship, or long-term foster care,
placement with a fit and willing relative, or another planned
permanent living arrangement, or in the case of an Indian
child, in consultation with the child's tribe, tribal customary
adoption, is the most appropriate plan for the child, and shall
consider in-state and out-of-state placement options. If the court so
determines, it shall conduct the hearing pursuant to Section 366.26
within 120 days after the dispositional hearing. However, the court
shall not schedule a hearing so long as the other parent is being
provided reunification services pursuant to subdivision (a). The
court may continue to permit the parent to visit the child unless it
finds that visitation would be detrimental to the child.
(g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, including, when, in consultation with the
child's tribe, tribal customary adoption is recommended, it shall
direct the agency supervising the child and the county adoption
agency, or the State Department of Social Services when it is acting
as an adoption agency, to prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for in
Section 291.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this subparagraph shall include,
but not be limited to, the child's siblings, grandparents, aunts,
and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, including a
prospective tribal customary adoptive parent, particularly the
caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.
If the proposed permanent plan is guardianship with an approved
relative caregiver for a minor eligible for aid under the Kin-GAP
Program, as provided for in Article 4.7 (commencing with Section
11385) of Chapter 2 of Part 3 of Division 9, "relative" as used in
this section has the same meaning as "relative" as defined in
subdivision (c) of Section 11391.
(E) The relationship of the child to any identified prospective
adoptive parent or guardian, including a prospective tribal customary
parent, the duration and character of the relationship, the degree
of attachment of the child to the prospective relative guardian or
adoptive parent, the relative's or adoptive parent's strong
commitment to caring permanently for the child, the motivation for
seeking adoption or guardianship, a statement from the child
concerning placement and the adoption or guardianship, and whether
the child over 12 years of age has been consulted about the proposed
relative guardianship arrangements, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary adoption, as defined in Section 366.24, is recommended. If
tribal customary adoption is recommended, the assessment shall
include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) Regardless of his or her immigration status, a relative
caregiver shall be given information regarding the permanency options
of guardianship and adoption, including the long-term benefits and
consequences of each option, prior to establishing legal guardianship
or pursuing adoption. If the proposed permanent plan is guardianship
with an approved relative caregiver for a minor eligible for aid
under the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, the
relative caregiver shall be informed about the terms and conditions
of the negotiated agreement pursuant to Section 11387 and shall agree
to its execution prior to the hearing held pursuant to Section
366.26. A copy of the executed negotiated agreement shall be attached
to the assessment.
(h) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of
Division 9, as applicable.
(i) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
(1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half sibling.
(2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half sibling.
(3) The severity of the emotional trauma suffered by the child or
the child's sibling or half sibling.
(4) Any history of abuse of other children by the offending parent
or guardian.
(5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
(6) Whether or not the child desires to be reunified with the
offending parent or guardian.
(j) When the court determines that reunification services will not
be ordered, it shall order that the child's caregiver receive the
child's birth certificate in accordance with Sections 16010.4 and
16010.5. Additionally, when the court determines that reunification
services will not be ordered, it shall order, when appropriate, that
a child who is 16 years of age or older receive his or her birth
certificate.
(k) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
SEC. 11. SEC. 36. 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 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, 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. older.
(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 certified family
homes or resource families of a foster family agency 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 certified
family home that has been certified by the agency as meeting
licensing standards. standards or with a
resource family approved by the agency. 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:
exist:
(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 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 homestudy.
(B) Cooperating with an adoption homestudy.
(A)
( C) Being designated by the court or the
adoption agency as the adoptive family.
(B)
( D) Requesting de facto parent status.
(C)
( E) Signing an adoptive placement
agreement.
(D)
( F) Engaging in discussions regarding a
postadoption contact agreement.
(E)
( G) Working to overcome any impediments
that have been identified by the State Department of Social Services,
county adoption agency, or licensed adoption agency.
(F)
( H) 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. SEC. 37. 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. certified family home
or with a resource family.
(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. 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,
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. 38. Section 727.4 of the Welfare
and Institutions Code is amended to read:
727.4. (a) (1) Notice of any hearing pursuant to Section 727,
727.2, or 727.3 shall be mailed by the probation officer to the
minor, the minor's parent or guardian, any adult provider of care to
the minor including, but not limited to, foster parents, relative
caregivers, preadoptive parents, resource famil y,
community care facility, or foster family agency, and to the
counsel of record if the counsel of record was not present at the
time that the hearing was set by the court, by first-class mail
addressed to the last known address of the person to be notified, or
shall be personally served on those persons, not earlier than 30 days
nor later than 15 days preceding the date of the hearing. The notice
shall contain a statement regarding the nature of the status review
or permanency planning hearing and any change in the custody or
status of the minor being recommended by the probation department.
The notice shall also include a statement informing the foster
parents, relative caregivers, or preadoptive parents that he or she
may attend all hearings or may submit any information he or she deems
relevant to the court in writing. The foster parents, relative
caregiver, and preadoptive parents are entitled to notice and
opportunity to be heard but need not be made parties to the
proceedings. Proof of notice shall be filed with the court.
(2) If the court or probation officer knows or has reason to know
that the minor is or may be an Indian child, any notice sent under
this section shall comply with the requirements of Section 224.2.
(b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the court
orders that the care, custody and control of the minor to be under
the supervision of the probation officer for placement pursuant to
subdivision (a) of Section 727, the probation officer shall file a
social study report with the court, pursuant to the requirements
listed in Section 706.5.
(c) The probation department shall inform the minor, the minor's
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days prior
to the hearing and may be obtained from the probation officer.
(d) As used in Article 15 (commencing with Section 625) to Article
18 (commencing with Section 725), inclusive:
(1) "Foster care" means residential care provided in any of the
settings described in Section 11402.
(2) "At risk of entering foster care" means that conditions within
a minor's family may necessitate his or her entry into foster care
unless those conditions are resolved.
(3) "Preadoptive parent" means a licensed foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency.
(4) "Date of entry into foster care" means the date that is 60
days after the date on which the minor was removed from his or her
home, unless one of the exceptions below applies:
(A) If the minor is detained pending foster care placement, and
remains detained for more than 60 days, then the date of entry into
foster care means the date the court adjudges the minor a ward and
orders the minor placed in foster care under the supervision of the
probation officer.
(B) If, before the minor is placed in foster care, the minor is
committed to a ranch, camp, school, or other institution pending
placement, and remains in that facility for more than 60 days, then
the "date of entry into foster care" is the date the minor is
physically placed in foster care.
(C) If at the time the wardship petition was filed, the minor was
a dependent of the juvenile court and in out-of-home placement, then
the "date of entry into foster care" is the earlier of the date the
juvenile court made a finding of abuse or neglect, or 60 days after
the date on which the child was removed from his or her home.
(5) "Reasonable efforts" means:
(A) Efforts made to prevent or eliminate the need for removing the
minor from the minor's home.
(B) Efforts to make it possible for the minor to return home,
including, but not limited to, case management, counseling, parenting
training, mentoring programs, vocational training, educational
services, substance abuse treatment, transportation, and therapeutic
day services.
(C) Efforts to complete whatever steps are necessary to finalize a
permanent plan for the minor.
(D) In child custody proceedings involving an Indian child,
"reasonable efforts" shall also include "active efforts" as defined
in Section 361.7.
(6) "Relative" means an adult who is related to the minor by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution. "Relative" shall also include an "extended
family member" as defined in the Indian Child Welfare Act (25 U.S.C.
Sec. 1903(2)).
(7) "Hearing" means a noticed proceeding with findings and orders
that are made on a case-by-case basis, heard by either of the
following:
(A) A judicial officer, in a courtroom, recorded by a court
reporter.
(B) An administrative panel, provided that the hearing is a status
review hearing and that the administrative panel meets the following
conditions:
(i) The administrative review shall be open to participation by
the minor and parents or legal guardians and all those persons
entitled to notice under subdivision (a).
(ii) The minor and his or her parents or legal guardians receive
proper notice as required in subdivision (a).
(iii) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services to,
the minor or the parents who are the subjects of the review.
(iv) The findings of the administrative review panel shall be
submitted to the juvenile court for the court's approval and shall
become part of the official court record.
SEC. 13. SEC. 39. 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. 40. Section 11400 of the Welfare
and Institutions Code is amended to read:
11400. For purposes of this article, the following definitions
shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence
an individual or family certified by a licensed
foster family agency and issued a certificate of approval by that
agency as meeting licensing standards, and used only
exclusively by that foster family agency for
placements.
(d) "Family home" means the family residence of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means a licensed community care
facility, as defined in paragraph (4) of subdivision (a) of Section
1502 of the Health and Safety Code. Private foster family agencies
shall be organized and operated on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that accepts children in need of care and supervision in a group
home, as defined by paragraph (13) of subdivision (a) of Section 1502
of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken
the responsibility of supervising a child detained by the
juvenile court pursuant to Section 319 or 636, or (4) signed a
voluntary placement agreement for the child's placement; or to the
responsibility designated to an individual by virtue of his or her
being appointed the child's legal guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) (1) "Transitional housing placement provider" means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents, as
defined in subdivision (v). A transitional housing placement provider
shall be privately operated and organized on a nonprofit basis.
(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.
(s) "Transitional Housing Program-Plus" means a provider certified
by the applicable county, in accordance with subdivision (c) of
Section 16522, to provide transitional housing services to former
foster youth who have exited the foster care system on or after their
18th birthday.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child, and is
specifically recruited and trained to assist the minor or nonminor
dependent parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor or nonminor dependent parent need not be the subject of a
petition filed pursuant to Section 300 to qualify for placement in a
whole family foster home.
(u) "Mutual agreement" means any of the following:
(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on and
after January 1, 2012, a nonminor dependent, and the county welfare
services or probation department or tribal agency responsible for the
foster care placement, that documents the nonminor's continued
willingness to remain in supervised out-of-home placement under the
placement and care of the responsible county, tribe, consortium of
tribes, or tribal organization that has entered into an agreement
with the state pursuant to Section 10553.1, remain under the
jurisdiction of the juvenile court as a nonminor dependent, and
report any change of circumstances relevant to continued eligibility
for foster care payments, and that documents the nonminor's and
social worker's or probation officer's agreement to work together to
facilitate implementation of the mutually developed supervised
placement agreement and transitional independent living case plan.
(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP payments
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), and the agency responsible for the
Kin-GAP benefits, provided that the nonminor former dependent or ward
satisfies the conditions described in Section 11403.01, or one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. For purposes of this paragraph
and paragraph (3), "nonminor former dependent or ward" has the same
meaning as described in subdivision (aa).
(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC payments
under subdivision (e) or (f) of Section 11405 and the agency
responsible for the AFDC-FC benefits, provided that the nonminor
former dependent or ward described in subdivision (e) of Section
11405 satisfies one or more of the conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, and the
nonminor described in subdivision (f) of Section 11405 satisfies the
secondary school or equivalent training or certificate program
conditions described in that subdivision.
(v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current dependent child or ward of the juvenile court, or who is a
nonminor under the transition jurisdiction of the juvenile court, as
described in Section 450, and who satisfies all of the following
criteria:
(1) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is not more than 19
years of age on or after January 1, 2012, not more than 20 years of
age on or after January 1, 2013, or not more than 21 years of age on
or after January 1, 2014, and as described in Section 10103.5.
(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal
organization that entered into an agreement pursuant to Section
10553.1.
(3) He or she has a transitional independent living case plan
pursuant to Section 475(8) of the federal Social Security Act (42
U.S.C. Sec. 675(8)), as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), as described in Section 11403.
(w) "Supervised independent living placement" means, on and after
January 1, 2012, an independent supervised setting, as specified in a
nonminor dependent's transitional independent living case plan, in
which the youth is living independently, pursuant to Section 472(c)
(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "Supervised independent living setting," pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)
(2)), includes both a supervised independent living placement, as
defined in subdivision (w), and a residential housing unit certified
by the transitional housing placement provider operating a
Transitional Housing Placement-Plus Foster Care program, as described
in paragraph (2) of subdivision (a) of Section 16522.1.
(y) "Transitional independent living case plan" means, on or after
January 1, 2012, a child's case plan submitted for the last review
hearing held before he or she reaches 18 years of age or the nonminor
dependent's case plan, updated every six months, that describes the
goals and objectives of how the nonminor will make progress in the
transition to living independently and assume incremental
responsibility for adult decisionmaking, the collaborative efforts
between the nonminor and the social worker, probation officer, or
Indian tribal placing entity and the supportive services as described
in the transitional independent living plan (TILP) to ensure active
and meaningful participation in one or more of the eligibility
criteria described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403, the nonminor's appropriate
supervised placement setting, and the nonminor's permanent plan for
transition to living independently, which includes maintaining or
obtaining permanent connections to caring and committed adults, as
set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor's desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor's desire,
willingness, and ability to immediately participate in one or more of
the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor's agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process, or (2) if the
nonminor meets the definition of a nonminor former dependent or
ward, as described in subdivision (aa), the nonminor's agreement to
return to the care and support of his or her former juvenile
court-appointed guardian and meet the eligibility criteria for
AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa) "Nonminor former dependent or ward" means, on and after
January 1, 2012, either of the following:
(1) A nonminor who reached 18 years of age while subject to an
order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and who
is still under the general jurisdiction of the court.
(2) A nonminor who is over 18 years of age and, while a minor, was
a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26, or
subdivision (d), of Section 728 and the juvenile court dependency or
wardship was dismissed following the establishment of the
guardianship.
(ab) "Runaway and homeless youth shelter" means a type of group
home, as defined in paragraph (14) of subdivision (a) of Section 1502
of the Health and Safety Code, that is not an eligible placement
option under Sections 319, 361.2, 450, and 727, and that is not
eligible for AFDC-FC funding pursuant to subdivision (c) of Section
11402 or Section 11462.
(ac) "Transition dependent" is a minor between 17 years and five
months and 18 years of age who is subject to the court's transition
jurisdiction under Section 450.
(ad) "Short-term residential treatment center" means a
nondetention, licensed community care facility, as defined in
paragraph (18) of subdivision (a) of Section 1502 of the Health and
Safety Code, that provides short-term, specialized, and intensive
treatment for the child or youth, when the child's or youth's case
plan specifies the need for, nature of, and anticipated duration of
this specialized treatment. Short-term residential treatment
centers shall be organized and operated on a nonprofit basis.
(ae) "Resource family" means an approved caregiver, as defined in
subdivision (c) of Section 16519.5.
(af) "Core Services" mean services, made available to children,
youth, and nonminor dependents either directly or secured through
formal agreement with other agencies, which are trauma informed and
culturally relevant as specified in Sections 11462 and 11463.
SEC. 41. Section 11402 of the Welfare
and Institutions Code , as added by Section 66 of
Chapter 773 of the Statutes of 2015, is amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) Prior to January 1, 2019, the 2020:
(1) The approved home of a
relative, provided the child or youth is otherwise eligible for
federal financial participation in the AFDC-FC payment.
(b) (1) Prior to January 1, 2019, the
(2) The home of a nonrelated
legal guardian or the home of a former nonrelated legal guardian when
the guardianship of a child or youth who is otherwise eligible for
AFDC-FC has been dismissed due to the child or youth attaining 18
years of age.
(2) Prior to January 1, 2019, the
(3) The approved home of a
nonrelative extended family member, as described in Section 362.7.
(c) (1) Prior to January 1, 2019, the
(4) The licensed family home of a
nonrelative.
(2)
( b) The approved home of a resource family,
as defined in Section 16519.5.
(c) A small family home, as defined in paragraph (6) of
subdivision (a) of Section 1502 of the Health and Safety Code.
(d) A (1) housing model
certified by a licensed transitional housing placement provider, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in subdivision (r) of Section 11400.
(2)
( e) An approved supervised independent
living setting for nonminor dependents, as defined in subdivision (w)
of Section 11400.
(e)
( f) A licensed 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, for
placement into a certified or approved home.
home used exclusively by the foster family agency.
(f)
( g) A short-term residential treatment
center licensed as a community care facility, as defined in
subdivision (ad) of Section 11400 and paragraph (18) of subdivision
(a) of Section 1502 of the Health and Safety Code.
(g)
( h) An out-of-state group home that meets
the requirements of paragraph (2) of subdivision (c) of Section
11460, provided that the placement worker, in addition to complying
with all other statutory requirements for placing a child or youth in
an out-of-state group home, documents that the requirements of
Section 7911.1 of the Family Code have been met.
(h)
( i) A community treatment facility set
forth in Article 5 (commencing with Section 4094) of Chapter 3 of
Part 1 of Division 4.
(j) This section shall apply to a group home that has been granted
an extension pursuant to the exception process described in
subdivision (d) of Section 11462.04 or Section 11462.041.
(i)
( k) This section shall become operative on
January 1, 2017.
SEC. 42. Section 11402.01 of the
Welfare and Institutions Code is repealed.
11402.01. In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:
(a) Prior to January 1, 2019, the approved home of a relative,
provided the child or youth is otherwise eligible for federal
financial participation, as defined in Section 11402.1, in the
AFDC-FC payment.
(b) (1) Prior to January 1, 2019, the licensed family home of a
nonrelative.
(2) Prior to January 1, 2019, the approved home of a nonrelative
extended family member as described in Section 362.7.
(c) The approved home of a resource family as defined in Section
16519.5.
(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter as
defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary to
meet the treatment needs of the child or youth and that the facility
offers those treatment services.
(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child or
youth who is otherwise eligible for AFDC-FC has been dismissed due to
the child or youth attaining 18 years of age.
(f) A licensed 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 for placement into a home
certified by the agency as meeting licensing standards.
(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) of Section 11400.
(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(i) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(j) This section shall only apply to a group home that has been
granted an extension pursuant to the exception process described in
subdivision (d) of Section 11462.04 or to a foster family agency that
has been granted an extension pursuant to the exception process
described in subdivision (d) of Section 11463.1.
(k) This section shall become operative on January 1, 2017.
(l) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 43. Section 11402.01 is added to the
Welfare and Institutions Code , to read:
11402.01. (a) In addition to the placements in Section 11402, in
order to be eligible for AFDC-FC, a child or nonminor dependent may
be placed in a group home with an extension pursuant to the exception
process described in subdivision (d) of Section 11462.04 or a foster
family agency that has been granted an extension pursuant to the
exception process described in subdivision (d) of Section 11463.1.
(b) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 14. SEC. 44. 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. 45. Section 11461 of the Welfare
and Institutions Code is amended to read:
11461. (a) For children or, on and after January 1, 2012, nonminor
dependents placed in a licensed or approved family home with a
capacity of six or less, or in an approved home of a relative or
nonrelated legal guardian, or the approved home of a nonrelative
extended family member as described in Section 362.7, or, on and
after January 1, 2012, a supervised independent living placement, as
defined in subdivision (w) of Section 11400, the per child per month
basic rates in the following schedule shall be in effect for the
period July 1, 1989, through December 31, 1989:
Age Basic rate
0-4................................ $294
5-8................................ 319
9-11............................... 340
12-14............................... 378
15-20............................... 412
(b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in
subdivision (a), shall continue to receive state participation, as
specified in subdivision (c) of Section 15200, at these levels.
(2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.
(c) The amounts in the schedule of basic rates in subdivision (a)
shall be adjusted as follows:
(1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.
(2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:
(A) Increase the basic rate in effect December 31, 1989, for which
state participation is received by 12 percent.
(B) Increase the basic rate, as adjusted pursuant to subparagraph
(A), by an additional 5 percent.
(3) (A) Except as provided in subparagraph (B), effective July 1,
1990, for the 1990-91 fiscal year, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by an additional 5
percent.
(B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).
(4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every
age group.
(5) Notwithstanding any other provision of law, any increase that
takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.
(6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelative
extended family member, as described in Section 362.7, a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, or a nonrelated legal guardian receiving the basic
rate. The increased rate shall not be used to compute the monthly
amount that may be paid to licensed foster family agencies for the
placement of children in certified foster homes.
(d) (1) (A) Beginning with the 1991-92 fiscal year, the schedule
of basic rates in subdivision (a) shall be adjusted by the percentage
changes in the California Necessities Index, computed pursuant to
the methodology described in Section 11453, subject to the
availability of funds.
(B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.
(C) Effective January 1, 2008, the schedule of basic rates in
subdivision (a), as adjusted pursuant to subparagraph (B), shall be
increased by 5 percent, rounded to the nearest dollar. The increased
rate shall not be used to compute the monthly amount that may be paid
to licensed foster family agencies for the placement of children in
certified foster family homes, and shall not be used to recompute the
foster care maintenance payment that would have been paid based on
the age-related, state-approved foster family home care rate and any
applicable specialized care increment, for any adoption assistance
agreement entered into prior to October 1, 1992, or in any subsequent
reassessment for adoption assistance agreements executed before
January 1, 2008.
(2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set
forth in the schedule of basic rates in subdivision (a) shall receive
an increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county's adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.
(B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year and the 2007-08 fiscal year shall receive an
increase in state participation for the basic rate of the entire
percentage adjustment described in paragraph (1).
(3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate
shall be further increased to the amount specified in the adjusted
schedule of basic rates.
(e) (1) As used in this section, "specialized care increment"
means an approved AFDC-FC amount paid on behalf of an AFDC-FC child
requiring specialized care to a home listed in subdivision
(a) (g) in addition to the basic rate.
Notwithstanding subdivision (a), (g),
the specialized care increment shall not be paid to a nonminor
dependent placed in a supervised independent living setting as
defined in subdivision (w) of Section 11403. A county may have a
ratesetting system for specialized care to pay for the additional
care and supervision needed to address the behavioral, emotional, and
physical requirements of foster children. A county may modify its
specialized care rate system as needed, to accommodate changing
specialized placement needs of children.
(2) (A) The department shall have the authority to review the
county's specialized care information, including the criteria and
methodology used for compliance with state and federal law, and to
require counties to make changes if necessary to conform to state and
federal law.
(B) The department shall make available to the public each county'
s specialized care information, including the criteria and
methodology used to determine the specialized care increments.
(3) Upon a request by a county for technical assistance,
specialized care information shall be provided by the department
within 90 days of the request to the department.
(4) (A) Except for subparagraph (B), beginning January 1, 1990,
specialized care increments shall be adjusted in accordance with the
methodology for the schedule of basic rates described in subdivisions
(c) and (d).
(B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide incentives
and assistance to counties in the area of specialized care. This
appropriation shall be used, but not limited to, encouraging counties
to implement or expand specialized care payment systems, to recruit
and train foster parents for the placement of children with
specialized care needs, and to develop county systems to encourage
the placement of children in family homes. It is the intent of the
Legislature that in the use of these funds, federal financial
participation shall be claimed whenever possible.
(C) (i) Notwithstanding subparagraph (A), the specialized care
increment shall not receive a cost-of-living adjustment in the
2011-12 or 2012-13 fiscal years.
(ii) Notwithstanding clause (i), a county may choose to apply a
cost-of-living adjustment to its specialized care increment during
the 2011-12 or 2012-13 fiscal years. To the extent that a county
chooses to apply a cost-of-living adjustment during that time, the
state shall not participate in the costs of that adjustment.
(iii) To the extent that federal financial participation is
available for a cost-of-living adjustment made by a county pursuant
to clause (ii), it is the intent of the Legislature that the federal
funding shall be utilized.
(5) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this subdivision shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
(f) (1) As used in this section, "clothing allowance" means the
amount paid by a county, at the county's option, in addition to the
basic rate for the provision of additional clothing for an AFDC-FC
child, including, but not limited to, an initial supply of clothing
and school or other uniforms. The frequency and level of funding
shall be based on the needs of the child, as determined by the
county.
(2) The state shall no longer participate in any clothing
allowance in addition to the basic rate, commencing with the 2011-12
fiscal year.
(g) (1) Notwithstanding subdivisions (a) to (d), inclusive, for a
child, or on and after January 1, 2012, a nonminor dependent, placed
in a licensed or approved family home with a capacity of six
or less, foster family home or with a resource
family, or placed in an approved home of a relative or the
approved home of a nonrelative extended family member as described in
Section 362.7, or placed on and after January 1, 2012, in a
supervised independent living placement, as defined in subdivision
(w) of Section 11400, the per child per month basic rate in the
following schedule shall be in effect for the period commencing July
1, 2011, or the date specified in the final order, for which the time
to appeal has passed, issued by a court of competent jurisdiction in
California State Foster Parent Association v. William Lightbourne,
et al. (U.S. Dist. Ct. C 07-08056 WHA), whichever is earlier, through
June 30, 2012:
Age Basic rate
0-4................................ $609
5-8................................ $660
9-11............................... $695
12-14............................... $727
15-20............................... $761
(2) Commencing July 1, 2011, the basic rate set forth in this
subdivision shall be annually adjusted on July 1 by the annual
percentage change in the California Necessities Index applicable to
the calendar year within which each July 1 occurs.
(3) Subdivisions (e) and (f) shall apply to payments made pursuant
to this subdivision.
(4) (A) Commencing January 1, 2017, the basic rate for all
resource families shall be the same as the basic rate established
pursuant to Section 11463.
(B) The basic rate shall be annually adjusted on July 1 by the
annual percentage change in the California Necessities Index
applicable to the calendar year within which each July 1 occurs.
(4)
( h) Beginning in the 2011-12 fiscal year,
and each fiscal year thereafter, funding and expenditures for
programs and activities under this subdivision
section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
SEC. 15. SEC. 46. 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
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 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 establish rates pursuant to subdivisions
(a) and (b) commencing January 1, 2017. The rate structure shall
include an interim rate, a provisional rate for new short-term
residential treatment centers, and a probationary rate. The
department may supplement the rate with a one-time reimbursement for
the cost of accreditation in an amount and manner determined by the
department in written directives.
(1) Interim rates developed pursuant to this section shall be
effective January 1, 2017. The interim rates shall be evaluated and
an ongoing payment structure shall be set no later than January 1,
2020.
(2) Consistent with Section 11466.01, for provisional and
probationary rates, the following shall be established:
(A) Terms and conditions, including the duration of the rate.
(B) An administrative review process for rate determinations,
including denials, reductions, and terminations.
(C) An administrative review process that includes a departmental
review, corrective action, and an appeal with the department.
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), this process shall
be disseminated by written directive pending the promulgation of
regulations.
(c)
( d) 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)
( e) This section shall become operative on
January 1, 2017.
SEC. 47. Section 11462.04 of the
Welfare and Institutions Code , as added by Section 82
of Chapter 773 of the Statutes of 2015, is amended to
read:
11462.04. (a) Notwithstanding any other law, commencing January
1, 2017, no new group home rate or change to an existing rate shall
be established pursuant to the Rate Classification Level (RCL)
system.
(b) Notwithstanding subdivision (a), the department may grant an
exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county placing
agency, including a county welfare or probation director, that
absent the granting of that exception, there is a material risk to
the welfare of children due to an inadequate supply of appropriate
alternative placement options to meet the needs of children.
(c) For group homes being paid under the RCL system, and those
granted an exception pursuant to paragraph (b), group home rates
shall terminate on December 31, 2016, unless granted an extension
under the exception process in subdivision (d).
(d) A group home may request an exception to extend its rate as
follows:
(1) The department may grant an extension for up to two years,
through December 31, 2018, except as provided in paragraph (2), on a
case-by-case basis, when a written request and supporting
documentation are provided by a county placing agency, including a
county welfare or probation director, that absent the granting of
that exception, there is a material risk to the welfare of children
due to an inadequate supply of appropriate alternative placement
options to meet the needs of children. The exception may include time
to meet the program accreditation requirement or the mental health
certification requirement.
(2) Pursuant to Section 11462.041, the department may grant an
extension to a group home beyond December 31, 2018, upon a provider
submitting a written request and the county probation department
providing documentation stating that absent the grant of that
extension, there is a significant risk to the safety of the youth or
the public, due to an inadequate supply of short-term residential
treatment centers or resource families necessary to meet the needs of
probation youth. The extension granted to any provider through this
section may be reviewed annually by the department if concerns arise
regarding that provider's facility. Pursuant to subdivision (e) of
Section 11462.041, the final report submitted to the Legislature
shall address whether or not the extensions are still necessary.
(3) The exception shall allow the provider to continue to receive
the rate under the prior ratesetting system.
(4) A provider granted an extension pursuant to this section shall
continue to operate and be governed by the applicable laws and
regulations that were operative on December 31, 2018.
(5) If the exception request granted pursuant to this subdivision
is not made by the host county, the placing county shall notify and
provide a copy to the host county.
(e) (1) The extended rate granted pursuant to either paragraph (1)
or (2) of subdivision (d) shall be provisional and subject to terms
and conditions set by the department during the provisional period.
(2) Consistent with Section 11466.01, for provisional rates, the
following shall be established:
(A) Terms and conditions, including the duration of the
provisional rate.
(B) An administrative review process for provisional rate
determinations, including denials, reductions, and terminations.
(C) An administrative review process that includes a departmental
review, corrective action, and an appeal with the department.
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), this process shall
be disseminated by written directive pending the promulgation of
regulations.
(e)
( f) Upon termination of an existing group
home rate under the RCL system, a new rate shall not be paid until an
application is approved and a rate is granted by the department
pursuant to Section 11462 as a short-term residential treatment
center or or, effective January 1, 2017, the
rate set pursuant to Section 11463 as a foster family agency.
(f)
( g) The department shall, in the
development of the new rate structures, consider and provide for
placement of all children who are displaced as a result of
reclassification of treatment facilities.
(g)
( h) This section shall become operative on
January 1, 2017.
SEC. 48. Section 11462.06 of the
Welfare and Institutions Code is amended to read:
11462.06. (a) For purposes of the administration of this article,
including the setting of group home rates, the department shall deem
the reasonable costs of leases for shelter care for foster children
to be allowable costs. Reimbursement of shelter costs shall not
exceed 12 percent of the fair market value of owned, leased, or
rented buildings, including any structures, improvements, edifices,
land, grounds, and other similar property that is owned, leased, or
rented by the group home and that is used for group home programs and
activities, exclusive of idle capacity and capacity used for
nongroup home programs and activities. Shelter costs shall be
considered reasonable in relation to the fair market value limit as
described in subdivision (b).
(b) For purposes of this section, fair market value of leased
property shall be determined by either of the following methods, as
chosen by the provider:
(1) The market value shown on the last tax bill for the cost
reporting period.
(2) The market value determined by an independent appraisal. The
appraisal shall be performed by a qualified, professional appraiser
who, at a minimum, meets standards for appraisers as specified in
Chapter 6.5 (commencing with Section 3500) of Title 10 of the
California Code of Regulations. The appraisal shall not be deemed
independent if performed under a less-than-arms-length agreement, or
if performed by a person or persons employed by, or under contract
with, the group home for purposes other than performing appraisals,
or by a person having a material interest in any group home which
receives foster care payments. If the department believes an
appraisal does not meet these standards, the department shall give
its reasons in writing to the provider and provide an opportunity for
appeal.
(c) (1) The department may adopt emergency regulations in order to
implement this section, in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
(2) The adoption of emergency regulations pursuant to this section
shall be deemed to be an emergency and considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, or general welfare.
(3) Emergency regulations adopted pursuant to this section shall
be exempt from the review and approval of the Office of
Administrative Law.
(4) The emergency regulations authorized by this section shall be
submitted to the Office of Administrative Law for filing with the
Secretary of State and publication in the California Code of
Regulations.
(d) (1) Commencing July 1, 2003, any group home provider with a
self-dealing lease transaction for shelter costs, as defined in
Section 5233 of the Corporations Code, shall not be eligible for an
AFDC-FC rate.
(2) Notwithstanding paragraph (1), providers that received an
approval letter for a self-dealing lease transaction for shelter
costs during the 2002-03 fiscal year from the Charitable Trust
Section of the Department of Justice shall be eligible to continue to
receive an AFDC-FC rate until the date that the lease
expires, or is modified, extended,
or terminated, whichever occurs first. These providers shall be
ineligible to receive an AFDC-FC rate after that date if they have
entered into any self-dealing lease transactions for group home
shelter costs.
(e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 49. Section 11462.06 is added to the
Welfare and Institutions Code , to read:
11462.06. (a) For purposes of the administration of this article,
including setting AFDC-FC provider rates, the department shall deem
the reasonable costs of leases for shelter care for foster children
to be allowable costs.
(b) Rental costs of real property, allowable as either shelter
care or as necessary administration of the foster care maintenance
payment, are allowable to the extent that the rates are reasonable in
light of such factors as rental costs of comparable property, if
any; market conditions in the area; alternatives available; and the
type, life expectancy, condition, and value of the leased property,
including any structures, improvements, edifices, land, grounds, and
other similar property that is used for the facility's residential
foster care programs and activities, exclusive of idle capacity and
capacity used for nonresidential foster care programs and activities.
(1) Rental costs shall be considered reasonable in relation to the
fair market rental value limit, as described in Section 200.465 of
Title 2 of the Code of Federal Regulations.
(2) Rental arrangements should be reviewed periodically to
determine if circumstances have changed and other options are
available.
(c) The appraisal shall be performed by an independent, qualified,
professional appraiser who, at a minimum, meets standards for
appraisers as specified in Chapter 6.5 (commencing with Section 3500)
of Title 10 of the California Code of Regulations. The appraisal
shall not be deemed independent if performed under a
less-than-arms-length agreement, if performed by a person or persons
employed by, or under contract with, the program subject to the
appraisal for purposes other than performing appraisals, or if
performed by a person having a material interest in any program that
receives foster care payments. If the department believes an
appraisal does not meet these standards, the department shall give
its reasons in writing to the program and provide an opportunity for
appeal.
(d) (1) Any provider with a self-dealing transaction, as defined
in Section 5233 of the Corporations Code, for a lease for shelter
costs shall be ineligible for an AFDC-FC rate.
(2) Lease transactions are subject to restrictions set forth in
Section 200.465(c) of Title 2 of the Code of Federal Regulations.
(e) This section shall become operative on January 1, 2019.
SEC. 50. Section 11463 of the Welfare
and Institutions Code , as added by Section 85 of
Chapter 773 of the Statutes of 2015, is amended to read:
11463. (a) The department shall commence development of a new
payment structure for the Title IV-E funded foster family agency
placement option that maximizes federal funding, in consultation with
county placing agencies.
(b) The department shall develop a payment system for foster
family agencies that provide treatment, intensive treatment, and
therapeutic foster care programs, and shall consider all of the
following factors:
(1) Administrative activities that are eligible for federal
financial participation provided, at county request, for and to
county-licensed or approved family homes and resource families,
intensive case management and supervision, and services to achieve
legal permanency or successful transition to adulthood.
(2) Social work activities that are eligible for federal financial
participation under Title IV-E of the Social Security Act.
(3) Social work and mental health services eligible for federal
financial participation under Title XIX of the Social Security Act.
(4) Intensive treatment or therapeutic services in the foster
family agency.
(5) Core services, 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, as the criteria are described in Section 1830.210 of Title
9, of the California Code of Regulations.
(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 specified in
subparagraphs (A) to (E), inclusive, shall be provided to eligible
children consistent with active efforts pursuant to Section 361.7.
(G) The core services specified in subparagraphs (A) to (F),
inclusive, 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 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, and school-based extracurricular activities.
(6) Staff training.
(7) Health and Safety Code requirements.
(8) A process for accreditation that includes all of the
following:
(A) Provision for all licensed foster family agencies to maintain
in good standing accreditation from a nationally recognized
accreditation agency with expertise in programs for youth group care
facilities, as determined by the department.
(B) Promulgation by the department of information identifying the
agency or agencies from which accreditation shall be required.
(C) Provision for timely reporting to the department of any change
in accreditation status.
(9) Mental health certification, including a requirement to timely
report to the department any change in mental health certificate
status.
(10) Populations served, including, but not limited to, any of the
following:
(A) (i) Children and youth assessed as seriously emotionally
disturbed, as described in subdivision (a) of Section 5600.3,
including those placed out-of-home pursuant to an individualized
education program developed under Article 2 (commencing with Section
56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the
Education Code.
(ii) Children assessed as meeting the medical necessity criteria
for specialty mental health services under the Medi-Cal Early and
Periodic Screening, Diagnosis, and Treatment program, as the criteria
are described in Section 1830.210 of Title 9 of the California Code
of Regulations.
(B) AFDC-FC children and youth receiving intensive and therapeutic
treatment services in a foster family agency.
(C) AFDC-FC children and youth receiving mental health treatment
services from a foster family agency.
(11) Maximization of federal financial participation for Title
IV-E and Title XIX of the Social Security Act.
(c) The department shall establish rates pursuant to subdivisions
(a) and (b) commencing January 1, 2017. The rate structure shall
include an interim rate, a provisional rate for new foster family
agency programs, and a probationary rate. The department may
supplement the rate with a one-time reimbursement for the cost of
accreditation in an amount and manner determined by the department in
written directives.
(1) Interim rates developed pursuant to this section shall be
effective January 1, 2017. The interim rates shall be evaluated and
an ongoing payment structure shall be set no later than January 1,
2020.
(2) Consistent with Section 11466.01, for provisional and
probationary rates, the following shall be established:
(A) Terms and conditions, including the duration of the rate.
(B) An administrative review process for the rate determinations,
including denials, reductions, and terminations.
(C) An administrative review process that includes a departmental
review, corrective action, and an appeal with the department.
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), this process shall
be disseminated by written directive pending the promulgation of
regulations.
(3) When establishing the foster family agency rate pursuant to
this section, the department shall make the basic rate paid to
resource families approved by a foster family agency the same as the
basic rate established pursuant to subdivision (g) of Section 11461.
(c)
( d) The department shall develop a system
of governmental monitoring and oversight that shall be carried out in
coordination with the State Department of Health Care Services.
Oversight responsibilities shall include, but not be limited to,
ensuring conformity with federal and state law, including program,
fiscal, and health and safety reviews. The state agencies shall
attempt to minimize duplicative audits and reviews to reduce the
administrative burden on providers.
(d)
( e) The department shall consider the impact
on children and youth being transitioned to alternate programs as a
result of the new ratesetting system.
(e)
( f) This section shall become operative on
January 1, 2017.
SEC. 16. SEC. 51. 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) (g) 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,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 52. Section 11463.1 of the Welfare
and Institutions Code is amended to read:
11463.1. (a) Notwithstanding any other law, commencing January 1,
2017, no new foster family agency shall be established pursuant to
the rate in effect through December 31, 2016.
(b) Notwithstanding subdivision (a), the department may grant an
exception as appropriate, on a case-by-case basis, when a written
request and supporting documentation are provided by a county placing
agency, including a county welfare or probation director, that
absent the granting of that exception, there is a material risk to
the welfare of children due to an inadequate supply of appropriate
alternative placement options to meet the needs of children or youth.
(c) Rates for foster family agencies paid under the prior rate
system, and those granted an exception pursuant to subdivision (b),
shall terminate on December 31, 2016, unless granted an extension
under the exception process in subdivision (d).
(d) A foster family agency that is otherwise licensed to
operate as a foster family agency may request an exception to
extend its rate as follows:
(1) The department may grant an extension for up to two years,
through December 31, 2018, on a case-by-case basis, when a written
request and supporting documentation are provided by a county placing
agency, including a county welfare or probation director, that
absent the granting of that exception, there is a material risk to
the welfare of children or youth due to an inadequate supply of
appropriate alternative placement options to meet the needs of
children. The exception may include time to meet the accreditation
requirement or the mental health certification requirement.
(2) The exception shall allow the provider to continue to receive
the rate under the prior ratesetting system.
(e) Upon termination of an existing foster family agency rate
under the prior rate system, a new rate shall not be paid until an
application is approved and a rate is granted by the department
pursuant to Section 11463 as a foster family agency or Section 11462
as a short-term residential treatment center.
(f) The department shall, in the development of the new rate
structures, consider and provide for placement of all children who
are displaced as a result of reclassification of treatment
facilities.
(g) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 17. SEC. 53. 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. 54. Section 11466.01 is added to the
Welfare and Institutions Code , to read:
11466.01. (a) Commencing January 1, 2017, a
provisional rate shall be set for all of the following:
(1) A provider that is granted an extension pursuant to paragraph
(1) of subdivision (d) of Section 11462.04.
(2) A provider that is granted an extension pursuant to paragraph
(2) of subdivision (d) of Section 11462.04.
(3) A provider that is granted an extension pursuant to Section
11463.1.
(4) A new short-term residential treatment center provider.
(5) A new foster family agency provider.
(b) The provisional rate shall be subject to terms and conditions,
including the duration of the provisional period, set by the
department.
(1) For a provider described in paragraph (1) or (3) of
subdivision (a), a provisional rate may be granted for a period that
is not extended beyond December 31, 2018.
(2) For a provider described in paragraph (2) of subdivision (a),
a provisional rate may be granted and may be reviewed on an annual
basis, pursuant to paragraph (2) of subdivision (d) of Section
11462.04.
(3) For a provider described in paragraph (4) or (5) of
subdivision (a), a provisional rate may be granted for a period of up
to 24 months from the date the provider's license was issued.
(c) In determining whether to grant, and upon what conditions to
grant, a provisional rate, the department shall consider factors
including the following:
(1) Any prior extension granted pursuant to Section 11462.04 or
11463.1.
(2) Any licensing history for any license with which the program,
or its directors or officers, have been associated.
(3) Any financial, fiscal, or compliance audit history with which
the program, or its directors or officers, have been associated.
(4) Outstanding civil penalties or overpayments with which the
program, or its directors or officers, have been associated.
(d) In determining whether to continue, and upon what conditions
to continue, a provisional rate, the department shall consider those
factors specified in subdivision (c), as well as compliance with the
terms, conditions, and requirements during the provisional period.
(e) In determining whether, at the end of the provisional rate
period or thereafter, to grant a standard rate and whether to impose
or continue, and upon what conditions to impose or continue, a
probationary rate the department shall consider the factors specified
in subdivision (c).
(f) The department shall establish an administrative review
process for determinations, including denial, reduction, probation,
and termination of the provisional and probationary rates. This
process shall include a departmental review, corrective action, and
an appeal with the department. 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), this process shall be disseminated by written
directive pending the promulgation of regulations.
(g) (1) (A) For the purposes of this section, a "provisional rate"
is a prospective rate given to a provider described in subdivision
(a) based on an assurance to perform in accordance with terms and
conditions attached to the granting of the provisional rate.
(B) For the purposes of this section, a "standard rate" is the
rate granted at the conclusion of a provisional rate period upon
meeting the terms and conditions.
(C) For the purposes of this section, a "probationary rate" is the
imposition of limitations and conditions on a standard rate.
(2) (A) At the conclusion of a provisional rate, a probationary
rate may be imposed, at the discretion of the department, if
additional oversight is deemed necessary based on the provider's
performance during the provisional rate period.
(B) At any time, a standard rate may become a probationary rate if
additional oversight is deemed necessary based on the provider's
performance in accordance with terms and condition attached to the
granting or maintenance of its rate.
SEC. 55. Section 11466.2 of the Welfare
and Institutions Code , as added by Section 91
of Chapter 773 of the Statutes of 2015, is amended to read:
11466.2. (a) (1) The department shall perform or have performed
provider program and fiscal audits as needed. Provider programs shall
maintain all child-specific, programmatic, personnel, fiscal, and
other information affecting ratesetting and AFDC-FC payments for a
period of not less than five years.
(2) Provider fiscal audits shall be conducted pursuant to Part 200
(commencing with Section 200.0) of Chapter II of Subtitle A of Title
2 of the Code of Federal Regulations, including uniform
administrative requirements, cost principles, and audit requirements,
as authorized in Section 75.106 of Title 45 of the Code of Federal
Regulations.
(2)
( 3) A provider may request a hearing of the
department's audit determination under this section no later than 30
days after the date the department issues its audit determination.
The department's audit determination shall be final if the provider
does not request a hearing within the prescribed time. Within 60 days
of receipt of the request for hearing, the department shall conduct
a hearing on the audit determination. The standard of proof shall be
the preponderance of the evidence and the burden of proof shall be on
the department. The hearing officer shall issue the proposed
decision within 45 days of the close of the evidentiary record. The
director shall adopt, reject, or modify the proposed decision, or
refer the matter back to the hearing officer for additional evidence
or findings within 100 days of issuance of the proposed decision. If
the director takes no action on the proposed decision within the
prescribed time, the proposed decision shall take effect by operation
of law.
(b) The department shall develop regulations to correct a program'
s audit findings, adjust the rate, and recover any overpayments
resulting from an overstatement of the projected level of care and
services and other audit findings.
(c) (1) In any audit conducted by the department, the department,
or other public or private audit agency with which the department
contracts, shall coordinate with the department's licensing and
ratesetting entities so that a consistent set of standards, rules,
and auditing protocols are maintained. The department, or other
public or private audit agency with which the department contracts,
shall make available to all providers, in
writing, any standards, rules, and auditing
protocols to be used in those audits.
(2) The department shall provide exit interviews with providers,
whenever deficiencies are found, in which those deficiencies may be
explained and permit providers an opportunity to respond. The
department shall adopt regulations specifying the procedure for the
appeal of audit findings.
(d) This section shall become operative on January 1, 2017.
SEC. 18. SEC. 56. 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, 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 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 shall annually submit a financial
audit to 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).
(c) The department shall issue a management decision letter on
audit 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. SEC. 57. 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), 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 renegotiation of a voluntary
repayment agreement if the 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
renegotiation of an involuntary payment agreement if the department
determines that the agreement would cause severe harm to children in
placement.
(e) The department shall maintain, by regulation ,
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. 58. Section 11466.24 of the
Welfare and Institutions Code is amended to read:
11466.24. (a) In accordance with this section, a county shall
collect an overpayment, discovered on or after January 1, 1999, made
to a foster family home, an approved home of a relative, including,
on and after the date that the director executes a declaration
pursuant to Section 11217, the home of a Kin-GAP guardian, an
approved home of a nonrelative extended family member, or
an approved home of a nonrelative legal guardian,
or, on and after January 1, 2012, a resource family,
as defined in subdivision (c) of Section 16519.5, or the
supervised independent living setting where a nonminor dependent
resides, for any period of time in which the foster child was not
cared for in that home, unless any of the following conditions exist,
in which case a county shall not collect the overpayment:
(1) The cost of the collection exceeds that amount of the
overpayment that is likely to be recovered by the county. The cost of
collecting the overpayment and the likelihood of collection shall be
documented by the county. Costs that the county shall consider when
determining the cost-effectiveness to collect are total
administrative, personnel, legal filing fee, and investigative costs,
and any other applicable costs.
(2) The child was temporarily removed from the home and payment
was owed to the provider to maintain the child's placement, or the
child was temporarily absent from the provider's home, or on runaway
status and subsequently returned, and payment was made to the
provider to meet the child's needs.
(3) The overpayment was exclusively the result of a county
administrative error or both the county welfare department and the
provider or nonminor dependent were unaware of the information that
would establish that the foster child or nonminor dependent was not
eligible for foster care benefits.
(4) The provider or nonminor dependent did not have knowledge of,
and did not contribute to, the cause of the overpayment.
(b) (1) After notification by a county of an overpayment to a
foster family home, an approved home of a relative, including the
home of a Kin-GAP guardian, or a nonrelative extended family member,
approved home of a nonrelative legal guardian, a resource
family, or the supervised independent living setting where the
nonminor dependent resides, and a demand letter for repayment, the
foster parent, approved relative, approved nonrelative legal
guardian, resource family, or nonminor
dependent may request the county welfare department to review the
overpayment determination in an informal hearing, or may file with
the department a request for a hearing to appeal the overpayment
determination. Requesting an informal hearing shall not preclude a
payee from seeking a formal hearing at a later date. The county
welfare department shall dismiss the overpayment repayment request if
it determines the action to be incorrect through an initial review
prior to a state hearing, or through a review in an informal hearing
held at the request of the foster parent, relative, nonrelative legal
guardian, or nonminor dependent.
(2) If an informal hearing does not result in the dismissal of the
overpayment, or a formal appeal hearing is not requested, or on the
30th day following a formal appeal hearing decision, whichever is
later, the foster family provider overpayment shall be sustained for
collection purposes.
(3) The department shall adopt regulations that ensure that the
best interests of the child or nonminor dependent shall be the
primary concern of the county welfare director in any repayment
agreement.
(c) (1) The department shall develop regulations for recovery of
overpayments made to any foster family home, approved home of a
relative, including the home of a Kin-GAP guardian, approved home of
a nonrelative legal guardian, resource family, or
supervised independent living setting where a nonminor dependent
resides. The regulations shall prioritize collection methods, that
shall include voluntary repayment agreement procedures and
involuntary overpayment collection procedures. These procedures shall
take into account the amount of the overpayment and a minimum
required payment amount.
(2) A county shall not collect an overpayment through the use of
an involuntary payment agreement unless a foster family home, an
approved home of a relative, including the home of a Kin-GAP
guardian, approved home of a nonrelative legal guardian,
resource family, or supervised independent living setting where
a nonminor dependent resides has rejected the offer of a voluntary
overpayment agreement, or has failed to comply with the terms of the
voluntary overpayment agreement.
(3) A county shall not be permitted to collect an overpayment
through the offset of payments due to a foster family home, an
approved home of a relative, including the home of a Kin-GAP
guardian, approved home of a nonrelative legal guardian
guardian, resource family, or supervised
independent living setting where a nonminor dependent resides, unless
this method of repayment is requested by the provider or nonminor
dependent in a voluntary repayment agreement, or other circumstances
defined by the department by regulation.
(d) If a provider or nonminor dependent 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.
(e) A county may not collect interest on the repayment of an
overpayment.
(f) There shall be a one-year statute of limitations from the date
upon which the county determined that there was an overpayment.
SEC. 59. Section 11466.25 of the
Welfare and Institutions Code is amended to read:
11466.25. Interest begins to accrue on a provider overpayment or
penalty on the date of the issuance of the penalty or
penalty, the date of issuance of the final audit
report, or the date the final audit report is sustained,
the date of the issuance of a management decision letter in
accordance with Section 11466.21, or the date that a provider
self-reports an overpayment.
SEC. 60. Section 11466.31 of the
Welfare and Institutions Code is amended to read:
11466.31. (a) When it has been determined that a provider
participating in the AFDC-FC program owes an overpayment that is due
and payable, the department may implement involuntary offset
collection procedures to collect sustained overpayments from a
provider if the provider does not enter into a voluntary repayment
agreement with the department or the provider has three outstanding
payments on a voluntary repayment agreement before the overpayment is
repaid.
(b) The minimum monthly overpayment offset amount from monthly
rate reimbursements shall be determined using the involuntary
collection procedures developed pursuant to paragraph (4) of
subdivision (d) of Section 11466.2. 11466.22.
Overpayments shall be offset against current monthly rate
reimbursement payments due and payable to a provider under this
chapter.
(c) Failure to repay an overpayment shall be grounds for
termination of the provider's rate and shall result in a referral to
the department's Community Care Licensing Division for license
revocation.
SEC. 61. Section 11466.32 of the
Welfare and Institutions Code is amended to read:
11466.32. (a) If a provider that owes a sustained overpayment
pursuant to paragraph (2) of subdivision (d) of Section
11466.2 11466.22 does not enter into a voluntary
repayment agreement with the department, or the provider has three
outstanding payments on a voluntary repayment agreement before the
overpayment is repaid, in addition to the monthly overpayment offset
amount, 50 percent of any increases resulting from California
Necessities Index (CNI) adjustments and provider's rate adjustments
to the standard rate that are due to a provider shall be withheld
until the sustained overpayment amount is collected. Once the
overpayment amount is collected, the provider shall begin to
prospectively receive the full amount of any California Necessities
Index and rate adjustment to which it is entitled.
(b) Any provider subject to involuntary repayment of a sustained
overpayment pursuant to Section 11466.31 shall be ineligible to
receive any rate increase or program change or expansion, until the
repayment is completed or until the host county or the primary
placement county provide the department with a request for waiver of
this paragraph.
SEC. 20. SEC. 62. 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 subdivision (d) of 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. 63. Section 16504.5 of the Welfare
and Institutions Code is amended to read:
16504.5. (a) (1) Notwithstanding any other provision of
law, pursuant to subdivision (b) of Section 11105 of the
Penal Code, a child welfare agency may secure from an appropriate
governmental criminal justice agency the state summary criminal
history information, as defined in subdivision (a) of Section 11105
of the Penal Code, through the California Law Enforcement
Telecommunications System pursuant to subdivision (d) of Section 309,
and subdivision (a) of Section 1522 of the Health and Safety Code
for the following purposes:
(A) To conduct an investigation pursuant to Section 11166.3 of the
Penal Code or an investigation involving a child in which the child
is alleged to come within the jurisdiction of the juvenile court
under Section 300.
(B) (i) To assess the appropriateness and safety of placing a
child who has been detained or is a dependent of the court, in the
home of a relative assessed pursuant to Section 309 or
361.4, 309, 361.4, or 16519.5, or in the home of
a nonrelative extended family member assessed as described in
Section 362.7 or 16519.5 during an emergency situation.
(ii) When a relative or nonrelative family member who has been
assessed pursuant to clause (i) and approved as a caregiver moves to
a different county and continued placement of the child with that
person is intended, the move shall be considered an emergency
situation for purposes of this subparagraph.
(C) To attempt to locate a parent or guardian pursuant to Section
311 of a child who is the subject of dependency court proceedings.
(D) To obtain information about the background of a nonminor who
has petitioned to reenter foster care under subdivision (e) of
Section 388, in order to assess the appropriateness and safety of
placing the nonminor in a foster care or other placement setting with
minor dependent children.
(2) Any time that a child welfare agency initiates a criminal
background check through the California Law Enforcement
Telecommunications System for the purpose described in subparagraph
(B) of paragraph (1), the agency shall ensure that a state-level
fingerprint check is initiated within 10 calendar days of the check,
unless the whereabouts of the subject of the check are unknown or the
subject of the check refuses to submit to the fingerprint check. The
Department of Justice shall provide the requesting agency a copy of
all criminal history information regarding an individual that it
maintains pursuant to subdivision (b) of Section 11105 of the Penal
Code.
(b) Criminal justice personnel shall cooperate with requests for
criminal history information authorized pursuant to this section and
shall provide the
information to the requesting entity in a timely manner.
(c) Any law enforcement officer or person authorized by this
section to receive the information who obtains the information in the
record and knowingly provides the information to a person not
authorized by law to receive the information is guilty of a
misdemeanor as specified in Section 11142 of the Penal Code.
(d) Information obtained pursuant to this section shall not be
used for any purposes other than those described in subdivision (a).
(e) Nothing in this section shall preclude a nonminor petitioning
to reenter foster care or a relative or other person living in a
relative's home from refuting any of the information obtained by law
enforcement if the individual believes the state- or federal-level
criminal records check revealed erroneous information.
(f) (1) A state or county welfare agency may submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of parents or legal guardians
when determining their suitability for reunification with a dependent
child subject to the jurisdiction of the juvenile court, for the
purposes of obtaining information as to the existence and content of
a record of state or federal convictions and state or federal
arrests, as well as information as to the existence and content of a
record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal. Of the information received
by the Department of Justice pursuant to this subdivision, only the
parent's or legal guardian's criminal history for the time period
following the removal of the child from the parent or legal guardian
shall be considered.
(2) A county welfare agency or county probation office may submit
to the Department of Justice fingerprint images and related
information required by the Department of Justice of nonminors
petitioning to reenter foster care under Section 388, in order to
assess the appropriateness and safety of placing the nonminor in a
foster care or other placement setting with minor dependent children.
(3) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this subdivision. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and respond to the state or county
welfare agency.
(4) The Department of Justice shall provide a response to the
state or county welfare agency pursuant to subdivision (p) of Section
11105 of the Penal Code.
(5) The state or county welfare agency shall not request from the
Department of Justice subsequent arrest notification service, as
provided pursuant to Section 11105.2 of the Penal Code, for
individuals described in this subdivision.
(6) The Department of Justice shall charge a fee sufficient to
cover the costs of processing the request described in this
subdivision.
(7) This subdivision shall become operative on July 1, 2007.
(g) A fee, determined by the Federal Bureau of Investigation and
collected by the Department of Justice, shall be charged for each
federal-level criminal offender record information request submitted
pursuant to this section and Section 361.4.
SEC. 21. SEC. 64. 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, home or with
a resource family, 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 home, licensed
foster family home, a resource family home,
a or certified family home, or
an approved resource family or foster family agency,
home or approved resource family home of a foster family agency,
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. 65. The heading of Article 2 (commencing with
Section 16519.5) is added to Chapter 5 of Part 4 of Division 9 of
the Welfare and Institutions Code , to read:
Article 2. Resource Family Approval Program
SEC. 22. SEC. 66. 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, certifying foster homes by
licensed foster family agencies, 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.
(c) (1) For the purposes of this chapter,
article, "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, article,
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.
(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.
(5) Resource family approval For purposes
of this article, "resource family approval" means that the
applicant or resource family successfully meets the home
environment assessment and permanency assessment standards. This
approval is in lieu of the existing foster care license,
a foster family home license issued pursuant to
Chapter 3 (commencing with Section 1500) of Division 2 of the Health
and Safety Code, a certificate of approval issued by a licensed
foster family agency, as described in subdivision (c) of Section 1506
of the Health and Safety Code, relative or nonrelative
extended family member approval, guardianship approval pursuant to
Section 360, 366.26, or 728, and the adoption home study approval.
(6) Approval of a resource family does not guarantee an initial,
continued, or adoptive placement of a child with a resource
family. family or with a relative or nonrelative
extended family member pursuant to subdivision (e). Approval of a
resource family does not guarantee the establishment of a legal
guardianship of a child with a resource family.
(7) (A) Notwithstanding paragraphs (1) to
(6), inclusive, the department or county may
shall 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,
(B) Notwithstanding subparagraph (A),
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.
(8) A resource family shall meet the approval standards set forth
in this section, comply with the written directives or regulations
adopted pursuant to this section, and comply with other applicable
laws in order to maintain approval.
(9) A resource family may be approved by the department or a
county pursuant to this section or by a foster family agency pursuant
to Section 1517 of the Health and Safety Code.
(10) A resource family shall not be licensed as a residential
facility, as defined in paragraph (1) of subdivision (a) of Section
1502 of the Health and Safety Code.
(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 each applicant and
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 and any other adult residing in
in, or regularly present 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 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 department or the county, if that county has
had been granted permission by the department to
issue criminal records exemptions pursuant to Section
361.4, 361.4 on or before January 1, 2017, 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.
(A) Caregiver training, as described in subdivisions (g) and (h).
(B) (i) The
applicant shall complete a psychosocial assessment, A
psychosocial assessment of an applicant, which shall
include the results of a risk assessment.
(i) When the applicant is a relative or nonrelative extended
family member to an identified child, the psychosocial assessment
shall consider the nature of the relationship between the relative or
nonrelative extended family member and the child. The relative or
nonrelative extended family member's expressed desire to only care
for a specific child or children shall not be a reason to deny the
approval.
(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
Completion of any other activities that relate to
a resource family's ability the ability of an
applicant or a resource family to achieve permanency with
the a child.
(e) (1) A county may place a child with a resource family
applicant that who 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.
(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.
(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.
(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.
(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 residing in or
regularly present 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 residing in or regularly present 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.
(3) For any placement made pursuant to this subdivision, AFDC-FC
funding shall not be available until approval of the resource family
has been completed.
(4) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9. 16001.9
and in the written directions or regulations adopted
pursuant to this section.
(5) Nothing in this 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.
(f) The State Department of Social Services shall be responsible
for all of the following:
(1) (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
application denials, rescissions, or exclusion
actions. rescissions of approval, exclusion
actions, or criminal record exemption denials or rescissions, by a
county or the department.
(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 When applicable, referring
a case t o the department for an action to exclude
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, decision with due process
pursuant to the department's statutes, regulations, and
written directives. Section 16519.6.
(C) Notifying the department of any decisions denying an
application for resource family approval or
approval, rescinding the approval of a resource family,
excluding an individual, 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.
annually and as necessary to address any changes that
have occurred in the resource family's circumstances, including, but
not limited to, moving to a new home location or commencing operation
of a family day care home, as defined in Section 1596.78 of the
Health and Safety Code .
(B) A county shall conduct an announced inspection of a resource
family home during the annual update update,
and as necessary to address any changes specified in subparagraph
(A), 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
meet the approval standards set forth in this section, and to
comply with the written directives or regulations adopted pursuant to
this section, other applicable laws, and 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 caregiver 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 of caregiver training
annually, a portion of which shall be from subparagraph
(M) of paragraph (13) and from one or more of the other
topics listed in paragraph (13).
(h) In addition to any training required by this section, a county
may require a resource family or applicant to receive
relevant specialized 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 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 (A)
If a resource family moves from one
county to another county, the department, or the county to which
a resource family has moved, shall submit a written request to the
Department of Justice to transfer the individual's subsequent arrest
notification, as specified in subdivision (g)
(h) of Section 1522 of the Health and Safety
Code.
(B) A request to transfer subsequent arrest notification shall
contain all prescribed data elements and format protocols pursuant to
a written agreement between the department and the Department of
Justice.
(3) Subject to the requirements in paragraph (1), the
resource 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 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.
(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
(2) (A) (i)
On and after January 1, 2017, a county to
which the department has delegated its licensing authority pursuant
to Section 1511 of the Health and Safety Code shall approve
resource families in lieu of licensing foster family homes
and approving relative or nonrelative extended family members.
Notwithstanding this provision, family homes.
(ii) Notwithstanding clause (i),
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, or as specified in subparagraph (C), until the
license or approval is revoked or forfeited by
operation of law pursuant to this section or Section 1524
Section 1517.1 of the Health and Safety Code.
(B) (i) On and after January 1, 2017, a county shall approve
resource families in lieu of approving relative and nonrelative
extended family members.
(ii) Notwithstanding clause (i), the existing approval and
oversight processes shall continue to be administered for relatives
and nonrelative extended family members approved prior to January 1,
2017, or as specified in subparagraph (C), until the approval is
revoked or forfeited by operation of law pursuant to this section.
(C) Notwithstanding subparagraph (D), a county shall approve or
deny all applications for foster family home licenses and requests
for relative or nonrelative extended family member approvals received
on or before December 31, 2016, in accordance with Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code or provisions providing for the approval of relatives or
nonrelative extended family members, as applicable.
(D) On and after January 1, 2017, a county shall not accept
applications for foster family home licenses or requests to approve
relatives or nonrelative extended family members.
(2)
( 3) 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: members
licensed or approved by the county:
(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
specified in paragraph (4). (5).
(3)
( 4) 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
home or 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
home or 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, homes,
relatives, and nonrelative extended family members with a child in
placement to assist with the resource family transition and to
minimize placement disruptions.
(4)
( 5) All foster family licenses and approvals
of a relative or relatives and
nonrelative extended family member members
shall be forfeited by operation of law on December 31, 2019,
except as provided in this paragraph:
paragraph or Section 1524 of the Health and Safety Code:
(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
upon 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.
(C) A foster family home license or approval as a relative or
nonrelative extended family member shall be forfeited by operation of
law upon approval as a resource family.
(p) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
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 1522.44 of the
Health and Safety Code.
SEC. 67. Section 16519.51 of the
Welfare and Institutions Code is repealed.
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 of the Health
and Safety Code.
SEC. 68. Section 16519.51 is added to the
Welfare and Institutions Code , to read:
16519.51. (a) A person shall not incur civil liability as a
result of a county notifying the department of its determination to
rescind the approval of a resource family due to any of the following
actions by a resource family parent:
(1) Violation of Section 16519.5, the written directives or
regulations adopted pursuant to Section 16519.5, or any applicable
law.
(2) Aiding, abetting, or permitting the violation of Section
16519.5, the written directives or regulations adopted pursuant to
Section 16519.5, or any applicable law.
(3) Conduct that poses a risk or threat to the health and safety,
protection, or well-being of a child, or the people of the state of
California.
(4) The conviction of the applicant or resource family parent at
any time before or during his or her approval of a crime described in
Section 1522.
(5) Knowingly allowing any child to have illegal drugs, alcohol,
or any tobacco product as defined in subdivision (d) of Section
22950.5 of the Business and Professions Code.
(6) Committing an act of child abuse or neglect or an act of
violence against another person.
(b) The department or a county shall not incur civil liability for
providing each other with information if the communication is for
the purpose of aiding in the evaluation of an application for
approval of a resource family.
SEC. 69. Section 16519.55 of the
Welfare and Institutions Code is amended to read:
16519.55. (a) Subject to subdivision (b),
(d), to encourage the recruitment of resource families, to
protect their personal privacy, and to preserve the security of
confidentiality of the placements with resource families, the names,
addresses, and other identifying information of resource families
shall be considered personal information for purposes of the
Information Practices Act of 1977 (Chapter 1 (commencing with Section
1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This
information shall not be disclosed by any state or local agency
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), except as necessary for administering the resource
family approval program, facilitating the placement of children with
resource families, and providing names and addresses, upon request,
only to bona fide professional foster parent organizations and to
professional organizations educating foster parents, including the
Foster and Kinship Care Education Program of the California Community
Colleges.
(b) The application form signed by a resource family applicant
shall be signed with a declaration by the applicant that the
information submitted is true, correct, and contains no material
omissions of fact to the best knowledge and belief of the applicant.
Any person who declares as true any material matter pursuant to this
section that he or she knows to be false is guilty of a misdemeanor.
The application shall include a statement that submitting false
information is a violation of law punishable by incarceration, a
fine, or both incarceration and a fine.
(c) Before approving a resource family, a county may conduct a
reference check of the applicant by contacting the following:
(1) Any foster family agencies that have certified the applicant.
(2) Any state or county licensing offices that have licensed the
applicant as a foster family home.
(3) Any counties that have approved the applicant as a relative or
nonrelative extended family member.
(4) Any foster family agencies or counties that have approved the
applicant as a resource family.
(5) Any state licensing offices that have licensed the applicant
as a community care facility, child day care center, or family child
care home.
(b)
(d) The department, a county, or a
foster family agency agency, or a tribe
may request information from, or divulge information to, the
department, a county, or a foster family agency,
or a tribe regarding a prospective resource family for the
purpose of and as necessary to conduct a reference check to
determine whether it is safe and appropriate to approve an applicant
to be a resource family.
SEC. 70. Section 16519.61 is added to the
Welfare and Institutions Code , to read:
16519.61. A county or the department may deny a resource family
application or rescind the approval of a resource family, and the
department may exclude an individual from a resource family home, for
any of the following reasons:
(a) Violation of Section 16519.5, the written directives or
regulations adopted pursuant to Section 16519.5, or any applicable
law.
(b) Aiding, abetting,
or permitting the violation of Section 16519.5, the written
directives or regulations adopted pursuant to Section 16519.5, or any
applicable law.
(c) Conduct that poses a risk or threat to the health and safety,
protection, or well-being of a child or the people of the State of
California.
(d) The conviction of the resource family applicant, parent, or
associated individual at any time before or during his or her
approval of a crime described in Section 1522 of the Health and
Safety Code.
(e) Engaging in acts of financial malfeasance, including, but not
limited to, improper use or embezzlement of the money or property of
a child, fraudulent appropriation for personal gain of money or
property, or willful or negligent failure to provide services.
SEC. 71. Section 16519.62 is added to the
Welfare and Institutions Code , to read:
16519.62. (a) The out-of-court statements of a child under 12
years of age who is the subject or victim of an allegation at issue
constitutes admissible evidence at an administrative hearing
conducted pursuant to this article. The out-of-court statement may
provide the sole basis for a finding of fact if the proponent of the
statement provided the statement to all parties prior to the hearing
and the adjudicator finds that the time, content, and circumstances
of the statement provide sufficient indicia of reliability. However,
the out-of-court statement shall not be admissible if an objecting
party establishes that the statement is unreliable because it was the
product of fraud, deceit, or undue influence.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.
SEC. 72. The heading of Article 3 (commencing with
Section 16520) is added to Chapter 5 of Part 4 of Division 9 of the
Welfare and Institutions Code , to read:
Article 3. Miscellaneous Provisions
SEC. 24. SEC. 73. 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.